By registering with this Website and accepting contributions made through the Rifa 2.0 Fundraising System (“Fundraising 2.0”), you are agreeing to all of the terms and conditions contained herein. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our Website. We suggest you print a copy of each of these documents for your records.
Please read this Agreement carefully before using Fundraising 2.0. This is a binding agreement (the "Agreement") between you or the entity that will be receiving donations ("you") and Rifa 2.0, Inc. ("RIFA 2.0”, “rifa.org”, or “The Company”). By using Fundraising 2.0, you hereby ACCEPT AND AGREE to all of the terms and conditions set forth in this Agreement.
INTRODUCTION
·Use of this Website or of any content presented in any and all areas of the Website, and information distributed in conjunction with this Website, is offered to you on your your acknowledgment and acceptance of this Non Profit User Agreement, our Privacy Policy, and other notices and agreements posted on this Website.
·RIFA 2.0 shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of this Non Profit User Agreement without notice or liability to you.Any changes to this Non Profit User Agreement shall be effective immediately following the posting of such changes on this Website. You agree to review this Non Profit User Agreement from time to time and agree that any subsequent use by you of this Website following changes to this Non Profit User Agreement shall constitute your acceptance of all such changes.
·The Company authorizes you to view and access a single copy of the content available on or from rifa.org (individually and collectively referred to the "Website") solely for your own use.
·You must be 18 years of age or older to use this Website.
DESCRIPTION OF RIFA 2.0 SERVICES
·RIFA 2.0 assists nonprofit or charitable organizations in obtaining donations from within the www.misocio.com Social Network (“MISOCIO.COM”) which is expected to launch in September 2010.This is accomplished by allowing the nonprofit or charitable organizations to register for free with us (rifa.org), create a nonprofit profile at www.misocio.com, and provide information about those nonprofit organizations to visitors to this Website and to www.misocio.com.
·RIFA 2.0 provides a Gadget or Link (“LINK”) to be placed on the certified nonprofit or charitable organizations’ website or emails that links directly to the nonprofit organizations’ profile at MISOCIO.COM.
·You understand that RIFA 2.0 is not affiliated with Mi Socio, Inc. (“MISOCIO”), and no license or other rights are granted by this Agreement to access or to use MISOCIO.COM. Your use of MISOCIO.COM remains subject to the terms and conditions of any agreement between you and MISOCIO.COM.
·You acknowledge that RIFA 2.0 and MISOCIO share an exclusive business agreement which allows RIFA 2.0 to provide information about nonprofits participating in Fundraising 2.0 to MISOCIO.COM users and accept, process and forward donations received from MISOCIO.COM community (less a small deduction) to those nonprofits.
·This Website cannot be used to process donations made directly to you from outside MISOCIO.COM.Further, the LINK may only be used to allow access to your nonprofit profile (NOP Profile) inside MISOCIO.COM.
·RIFA 2.0 is not to be considered to be an agent or representative of any nonprofit or charitable organization, and it shall not be responsible for any decisions relating to donations, for whatever reason made, made by any individual or entity. All of the terms and conditions of the transactions are the responsibility of the nonprofit or charitable organization and donor, including, but not limited to, amounts of payment and payment terms.
·The rights granted by RIFA 2.0 are solely for the use of your organization, may be used only by your employees and designated representatives, and may not be transferred or assigned to any other third party.
·rifa.org is only a venue for nonprofit or charitable organizations to obtain donations through the misocio.com social network.RIFA 2.0 is not involved in the actual transaction between users of this Website or www.misocio.com, and has no involvement with any disputes between nonprofit or charitable organizations and donors. In the event of a dispute between a nonprofit or charitable organization and a donor. Each party releases RIFA 2.0, its subsidiaries, affiliates, officers, directors, employees, agents, and partners, from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If You are a California resident, you waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
YOUR REGISTRATION OBLIGATIONS
·You are solely responsible for the data and information that you input or upload to the Website, including but not limited to bank account information, and represent and warrant that all information submitted by you is your own information and is complete, truthful, and accurate.RIFA 2.0 will make electronic funds transfers to the bank account specified in your Profile, and you warrant and represent that this bank account is a bank account designated for your organization and you agree to take any actions necessary to authorize us to make such transfers to you.
·You warrant and represent that you have the right to agree to use this Website, that you have the right to all of the information uploaded to this Website, and that none of the information posted by you on this Website infringes upon the rights of any third parties, including but not limited to copyrights.You also warrant and represent that if you are not the holder of the rights granted herein, that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the rights to the Company as stated above. Subject to the foregoing, the owner of such content placed on the Website retains any and all rights that may exist in such content.
You represent and warrant to Rifa 2.0 that at all times during the term of this Agreement,
(a)You are recognized by the Internal Revenue Service as exempt from federal income tax and your organization must meet the requirements to be treated as a public charity, will utilize all donations received from us in accordance with such tax-exempt status, and your activities will not violate any restrictions imposed by applicable law on IRC Section 501(c)(3) entities, including but not limited to those proscribing political activity or proscribing the use of your income or assets for a private purpose.
(b)You understand you may have obligations to register under, and covenant that you shall fully comply and bear the costs associated with, any and all applicable state and local statutes governing the solicitation of charitable solicitations, including but not limited to fulfilling any registration requirements thereof.
(c)You have completed and submitted the Fundraising 2.0 registration application form, and you understand that registration application must be verified and approved by RIFA 2.0 before you are accepted as registrant on the Website.You must provide written nonprofit documentation, such as a copy of your 501(c)(3) determination letter from the IRS or other requested proof of your tax-deductible status.All registrants must update their registration with any changed information.The Company may at any time request additional documents or updated information from any registrant.
(d)You shall promptly notify RIFA 2.0 of any change in your tax-exempt status, and any inquiry by the IRS or any state or local government regarding the matters described in (a) and (b) above.
(e)The donor of any online donation will not receive, nor be promised to receive, any valuable goods or services as a result of such donation;
(f)You grant RIFA 2.0 INC the authority to collect donations on your behalf, and consent to the use of your organization's name on the www.rifa.org and on www.misocio.com Website.
(g)You agree to indemnify and hold harmless RIFA 2.0 from and against any loss or liability of any kind, including but not limited to fees and costs incurred in defense thereof, resulting from or arising in any manner from, the material breach or inaccuracy of any covenant, duty, representation or warranty set forth in (a), (b), (c), (d) or (f) above of this Section. Your obligation to indemnify RIFA 2.0 shall survive termination of this Agreement.
USER INFORMATION
When you register for the Website, you will be asked to provide RIFA 2.0 with certain information including, without limitation, a valid email address, telephone number and organization name (your "Information").In addition to the terms that may be set forth in any privacy policy on this Website, you understand and agree that RIFA 2.0 may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. RIFA 2.0 will not disclose to any third party your name, address, bank account information, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. RIFA 2.0 reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the RIFA 2.0's Privacy Statement for further details regarding your Information.
RIFA 2.0 PRIVACY POLICY
Your Information is subject to our applicable privacy policy. For more information, see the full Rifa 2.0 Privacy Policy at: http://rifa.org/privacypolicy.php
YOUR ACCOUNT, PASSWORD AND SECURITY
·After registration you will have a password allowing access to a non-public area of this Website, the “My Account” or “Nonprofit Account” pages, you are responsible for maintaining the confidentiality of your membership information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify RIFA 2.0 of any unauthorized use of your registration or password.Your membership may not be transferred or assigned.
·You are prohibited from violating or attempting to violate the security of this website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this website, overloading, "flooding", "spamming", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
YOUR CONDUCT
This Website may be used only for your own purposes and for lawful purposes relating to nonprofit or charitable organizations seeking donations. RIFA 2.0 specifically prohibits any use of the Website, and all users agree not to use the Website, for any purposes other than designated by RIFA 2.0, including but not limited to:
·The storage of information, data, or files related to pornography, gambling, alcohol, weapons, or software or other intellectual property piracy.
·Using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site.
·Taking any action that imposes an unreasonable or disproportionately large load on this website's infrastructure.
·Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the commonly recognized search engine and search agents, and other than generally available third party web browsers (e.g., Firefox, Safari, or Microsoft Explorer).
·Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this website.
·Aggregating, copying or duplicating in any manner any of the website content or information available from this Website.
·Framing of or linking to any of the website content or information available from this Website.
·Participating in a denial-of-service attack against this site or against any other web site or computer environment by using this site.
·Collecting or attempting to collect any information of others, including passwords and account or other information, or providing to or transmitting through this site any material that is unlawful or violates the rights of others.
·Engaging in any screen scraping or data acquisition and consolidation.
·Copying or adapting the HTML, asp.net, vd.net, XML, java script or any other dynamic code that the Company creates to generate any Website Content or the pages making up this website: Offering lotteries, raffles, contests, investment opportunities, securities, or employment opportunities.
·Making any unauthorized commercial use of this Website: Posting any information that links to a competitive website.
·Infringing the intellectual property rights of others in any way.
USE OF WEBSITE
THE POSTINGS AND OTHER FEATURES ON THIS WEBSITE MAY BE USED ONLY FOR THE LAWFUL PURPOSES RELATING TO NONPROFIT OR CHARITABLE ORGANIZATIONS SEEKING DONATIONS.YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME WITHOUT NOTICE.
USE OF INFORMATION
·RIFA 2.0 is under no legal obligation to, and generally does not, control the information provided by nonprofit or charitable organizations that is made available through the Website. RIFA 2.0 does not represent or guarantee the truthfulness, accuracy, or reliability of information and/or communications posted by users.You acknowledge that any reliance on material posted by other users will be at your own risk.
·If notified by a user of any actions or information that allegedly does not conform to these Terms of Use, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication.
·RIFA 2.0 has no liability or responsibility to users for performance or nonperformance of the activities and opportunities offered on this Website, and makes no guarantee or representation of any benefits may be obtained by using this Website.RIFA 2.0 takes no responsibility for determining the suitability of any donation as the nonprofit or charitable organization and donor are independent third parties over whom RIFA 2.0 has no control and consequently has no liability for the acts or omissions.
·RIFA 2.0 may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for RIFA 2.0 or may cause RIFA 2.0 to lose (in whole or in part) the services of its ISPs or other suppliers.
·No user may alter the submission of any other user in any manner.Further, by submitting content to any public or non-public area of this website, including the forum, you grant RIFA 2.0 the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content.You also permit any user or subscriber to access, display, view, store, and reproduce such content.
RECEIVING DONATIONS THROUGH FUNDRAISING 2.0
·As long as you are a certified nonprofit you can receive donations from MISOCIO.COM’s donations program through Fundraising 2.0. RIFA 2.0 will receive these donations for further distribution. You can receive donations from a)MISOCIO.COM sellers, after they select you as the beneficiary for their listings and set a percent for the donation; b) from MISOCIO.COM buyers when they select you as the beneficiary for their shopping, for the products where the sellers let the beneficiary as “RANDOM”; c) MISOCIO may at its discretion select you as beneficiary for their donations; or d) when RIFA 2.0 selects you as beneficiary when both MISOCIO.COM sellers and buyers or MISOCIO leave the beneficiary as “RANDOM. Review our donation delivery policy for more information.”;
·You understand that any distribution we may make to you is subject to our obligations to sellers, and our policies regarding timing of delivery and expenses.
·You acknowledge that RIFA 2.0 keep a small deduction from the donations to cover part our expenses, including, but not limited to, credit processing or bank fees incurred to process donations. Please review RIFA 2.0 Deduction and Expenses for more details. RIFA 2.0 reserves the right to adjust and amend the deductions and fees from time to time.
·There is no guarantee that your organization will receive any donations through RIFA 2.0, even when you are a certified nonprofit and have completed the Fundraising 2.0 Application Form.
·After registration, Rifa 2.0 will assign you a fundraising 2.0 account number. This account will only be used to keep the donation transactions history. We will distribute the donation to you under this Agreement by electronic funds transfer to the bank account specified in your profile.
·If applicable, you will be responsible for all sales, use, value added or other similar taxes or assessments applicable or payable in connection with donations made to your organization.
·You will at all times during your use of this Website be in compliance with all applicable laws, rules and regulations, including any requirements governing solicitation of charitable donations.Further, it is your obligation to comply with all laws, rules and regulations applicable to your activities as a non-profit corporation and charitable organization, including but not limited to registration under state or local laws regarding charitable solicitations.For the purposes of state charitable solicitation laws or regulations, RIFA 2.0 is not acting as a professional fundraiser or fundraising counsel.
·You must notify RIFA 2.0 immediately if there is any change in your non-profit status.Any funds sent to you after adverse changes to your tax exempt status must be returned immediately.
·RIFA 2.0 reserves the right not distribute a donation to you, even when you are the beneficiary of the donation, if a) you are in breach of this Agreement; b) you cease to be a Tax-Deductible Organization or are not in good standing (e.g. your organization has problems with its public accountability); c) we are unable to deliver a donation to your bank account (e.g. you provide an invalid bank account).
·You will indemnify and hold harmless the Company, its employees, directors, agents, representatives, affiliates, and subsidiaries from and against any claims, damages, liabilities, costs and expenses, including reasonable attorney’s fees, arising out of your violation of all warranties and representations made by you.
USE OF THE GADGET OR LINK
·RIFA 2.0 can provide you with a Gadget or Link only if you have a Nonprofit profile inside MISOCIO.COM
·If you choose to use one of the "Donate" or “Vote for me” LINKS provided by RIFA 2.0, you do so through a grant by RIFA 2.0 of a nonexclusive, revocable, royalty-free limited license to download and use the LINK on your Website or in email solely as necessary for, and for the purpose of these Terms of Use and to facilitate online donations to your charitable organization. You may not decompile, reverse engineer, reverse engineer, disassemble, include the LINK in any other technology, or use the LINK for any commercial or non-commercial purposes other than as designated herein. You shall not modify, alter, change or otherwise make any modification to the LINK or create derivative works based upon the LINK, or rent, lease, resell, sublicense, assign, distribute or otherwise transfer the LINK or this limited license. Any attempt to do so shall be void and of no effect.
·You agree not to use the LINK in a manner that is, or otherwise include materials on your Web site that are, disparaging of RIFA 2.0. You also agree not to use the Link on a Web site with content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law.
·You agree that RIFA 2.0 can revoke this license at any time for any or no reason upon notice by RIFA 2.0 to you and you agree upon receipt of such notice immediately to cease using the LINK.
VISITOR COMMENTS
We appreciate hearing from our visitors and welcome your comments regarding our services and the website. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of RIFA 2.0. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. RIFA 2.0 shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.
LIMITED LICENSE
·This license provides you with limited rights to use the Fundraising 2.0 Software.The Company or the third party owner of the software retains all ownership, right, title and interest in and to the Software and in all portions of the software and accompanying documentation, including but not limited to trade secrets, know‑how, methodologies and processes, and in all copies of it.The Company or the third party owner reserves all rights not specifically granted in this license, including but not limited to domestic and international copyrights.
·You agree that the licensed software, including the specific design and structure, constitute proprietary information, trade secrets and/or copyrighted material of The Company or third party owner. You agree not to disclose, provide, or otherwise make available such proprietary information, trade secrets or copyrighted material in any form to any third party without the prior written consent of The Company or third party owner. You agree to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall remain solely with The Company or third party owner.
Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright Infringement
If you believe that your copyrighted work has been uploaded to this Website and is accessible on this Website in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:
·The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
·A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
·Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
·Your name, address, telephone number and your e-mail address;
·A statement by you that you have a good faith belief that use on the website of the copyrighted work in the manner You are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
·A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
Claims of copyright infringement on our website can be emailed to copyright@rifa.org
INTELLECTUAL PROPERTY
·“rifa 2.0”, “Fundraising 2.0”, “Breakfast 2.0”, and any other RIFA 2.0 trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of RIFA 2.0, and any unauthorized use of such trademarks and trade names is unlawful. Other trademarks on this website are the property of their respective owners, and may not be used by you in any form.
·This site (including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics) is the property of RIFA 2.0 and is protected by copyright, trademark, and other laws of the United States and other countries. RIFA 2.0 reserves any rights not expressly granted to you.
·You may not sell or modify the Website content or reproduce, display, publicly perform, distribute, or otherwise use the website content in any way for any public or commercial purpose. The use of the website content on any other website or in a networked computer environment for any purpose is prohibited.
·You give permission to RIFA 2.0 to use your name, trademark, and logo for the purposes set forth herein.All such names, trademarks, and logos shall remain your sole and exclusive property.
DISCLAIMERS
·RIFA 2.0 DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. RIFA 2.0, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
·THE TRANSMISSION OF DATA OR INFORMATION (INCLUDING COMMUNICATIONS BY E-MAIL) OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, WE DO NOT ASSUME ANY LIABILITY FOR ANY DAMAGE YOU MAY EXPERIENCE OR COSTS YOU MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL WITH US (INCLUDING THOSE WHICH MAY CONTAIN YOUR PERSONAL INFORMATION). WHILE WE SHALL TAKE COMMERCIALLY REASONABLE EFFORTS TO SAFEGUARD THE PRIVACY OF THE INFORMATION YOU PROVIDE US AND TREAT SUCH INFORMATION IN ACCORDANCE WITH OUR PRIVACY POLICY, IN NO EVENT WILL THE INFORMATION YOU PROVIDE TO US BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS TO YOU ON OUR PART, OR RESULT IN ANY LIABILITY TO YOU ON OUR PART IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED BY US OR ACCESSED BY THIRD PARTIES WITHOUT OUR CONSENT.
·RIFA 2.0 TAKES NO RESPONSIBILITY WHATSOEVER FOR THE CONTENTS OF THE INFORMATION YOU HAVE UPLOADED TO THE WEBSITE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF FILES AND DATA, OR FAILURE TO STORE ANY FILES OR DATA.NOR IS THE COMPANY RESPONSIBLE FOR LOSS OF FILES OR DATA THOURGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPAN’S CONTROL.ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THE FILES AND DATA TRANSFERRED TO THE SITE.
LIMITATION OF LIABILITY
·TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER RIFA 2.0 OR ANY OF ITS SUBSIDIARIES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
·THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
·RIFA 2.0'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR YOUR USE OF THE WEBSITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $50.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL RIFA 2.0, ITS SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS REPRESENTATIVES, OR ANY THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE AND THE WEBSITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR LIABILITY
IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR THE SYSTEMS TRANSMITTING THE SITE TO YOU OR OTHERS YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM THAT DISRUPTION.
INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS RIFA 2.0, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE RIFA 2.0’ WEBSITE; (II) ANY MATERIAL YOU PROVIDE TO THE RIFA 2.0’ WEBSITE, (III) ANY WEBSITE CONTENT THAT YOU USE OR (III) YOUR BREACH OF THE TERMS OF THESE TERMS AND CONDITIONS, PRIVACY STATEMENT, REPRESENTATIONS AND WARRANTIES. RIFA 2.0 SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING.WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, WHICH SHALL NOT EXCUSE YOUR INDEMNITY OBLIGATIONS.
BREACH OF AGREEMENT
RIFA 2.0 reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination without notice of your registration with, or ability to access, this Website and/or any other service provided to you by the Company, upon any breach by you of this User Agreement or Privacy Statement, or if the Company is unable to verify or authenticate any information you submit to the Website.
TERMINATION
·If a user or customer has breached this User Agreements or Privacy Statement, or if the Company is unable to verify or authenticate any information you submit to the Website, rifa.org, at its sole discretion, may terminate your access to the Website.
·If your access to the Website is terminated for any reason, RIFA 2.0 will use reasonable efforts to remove all of the information that you have uploaded to the Website.
ADDITIONAL TERMS AND CONDITIONS
·RIFA 2.0 makes no claims that the Website content may be lawfully viewed or accessed outside of the United States. Access to the Website content may not be legal by certain persons or in certain countries. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
·This User Agreement, the Website’s Privacy Statements, and other relevant policies and agreement constitute the entire agreement between you and RIFA 2.0 with respect to the use of Website.No changes to these Terms of Use shall be made except by a revised posting on this page.
·Without limiting any of the other disclaimers of warranty set forth in this User Agreement, RIFA 2.0 does not provide or make any undertaking as to the quality or nature of the products or services purchased through the www.misocio.com Website, or any other representations, warranties or guaranties.
·Nothing contained on the Website is intended to give individual or professional advice relating to 501 (c)(3) organizations or donations to 501 (c)(3) organizations.
·The information contained on the Website may not be suitable for your own personal circumstances, and you are solely responsible for deciding whether any of our information, is suitable for your purposes.Visitors to the Website and those who use any information contained on this Website do so at their own risk, and the Website assumes no responsibility or liability whatsoever for any actions taken by users of the Website.
·Failure by RIFA 2.0 to insist upon strict compliance with any term of this Agreement in one or more instances will not be deemed to be a waiver of its rights to insist upon such strict compliance with respect to any subsequent failure.
·Nothing in this Agreement shall be construed to establish a partnership, joint venture, or any business arrangement or relationship between you and RIFA 2.0.
·This User Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable therein, without regard to conflict of laws.You irrevocably consent to the exclusive jurisdiction of the courts located in the State of Florida in connection with any action arising out of or related to these terms of use or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-convenience in any such action.
·If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms and Conditions shall continue in full force and effect.No waiver of any provision of this User Agreement shall be deemed a further or continuing waiver of such provision or any other provision of this User Agreement.
·This Agreement will be binding upon and inure to the benefit of the parties, their successors and permitted assigns.You may not assign or transfer your obligations under this agreement, in whole or in part.
