Terms and Conditions
Agreement between Fund Advisor and the Community Foundation of Greenville
Welcome to the Community Foundation of Greenville's Fund Advisor Portal ("Portal"). The Portal is comprised of various web pages operated and maintained by the Community Foundation of Greenville ("Foundation") and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Portal constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The purpose of this site is to provide a web portal where Fund Advisors can view information and submit requests. In some cases this Portal may be used to submit donations by way of a third party transaction processing service.
Visiting the Portal or sending emails to the Foundation constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Portal, satisfy any legal requirement that such communications be in writing.
If you use this Portal, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that the Foundation is not responsible for third party access to your account that results from theft or misappropriation of your account. The Foundation and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
The Foundation does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Portal only with permission of a parent or guardian.
Links to third party Sites
The Portal may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Foundation and the Foundation is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Foundation is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Foundation of the Site or any association with its operators.
Third party services
Certain services made available via the Portal are delivered by third party sites and organizations. By using any product, service or functionality originating from the cfgreenville.org domain, you hereby acknowledge and consent that the Foundation may share such information and data with any third party with whom the Foundation has a contractual relationship to provide the requested product, service or functionality on behalf of cfgreenville.org users and customers.
The Portal helps you make donations by use of a third party transaction processing service. The Foundation will pass information to the third party as needed to complete the transaction, but the Foundation will not store bank account or credit card data.
No unlawful or prohibited use
All content included as part of the service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Portal, is the property of the Foundation or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Portal. The Foundation content is not for resale. Your use of the Portal does not entitle
you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Foundation and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Foundation or our licensors except as expressly authorized by these Terms.
The Portal is controlled, operated and administered by the Foundation from our offices within the USA. If you access the Portal from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the the Portal accessed through cfgreenville.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless the Foundation, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Portal or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Foundation reserves the right, at its own cost, to assume the
exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Foundation in asserting any available defenses.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE FOUNDATION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PORTAL AT ANY TIME.
The COMMUNITY FOUNDATION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE AVAILABILITY OR TIMELINESS OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PORTAL FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE FOUNDATION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA
OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PORTAL, WITH THE DELAY OR INABILITY TO USE THE PORTAL OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PORTAL, OR OTHERWISE ARISING OUT OF THE USE OF THE PORTAL, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE FOUNDATION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
The Foundation reserves the right, in its sole discretion, to terminate your access to the Portal and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of South Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in South Carolina in all disputes arising out of or relating to the use of the Portal. Use of the Portal is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without
limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Foundation as a result of this agreement or use of the Portal. The Foundation's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Foundation's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Portal or information provided to or gathered by the Foundation with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Scope of Agreement
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Foundation with respect to the Portal and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Foundation with respect to the Portal. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
The Foundation reserves the right, in its sole discretion, to change the Terms under which the Portal is offered. The most current version of the Terms will supersede all previous versions. The Foundation encourages you to periodically review the Terms to stay informed of our updates.
The Foundation welcomes your questions or comments regarding the Terms:
Community Foundation of Greenville
630 E. Washington Street, Suite A
Greenville, SC 29601
Telephone number: 864-233-5925
Effective as of November 1, 2018