TERMS OF USE

Effective September 1st, 2016

Please carefully review these terms and conditions of use before registering for this site.  If you do not agree to these terms and the privacy policy, you may not register for the site.

  1. Use of the Website

By registering for this website (the “Site”) and services (together with the Site, the “Services”) offered by Simpligiv LLC (“Simpligiv LLC,” “we,” or “us”), you acknowledge that you have read, understood, and agree to be bound by these terms (the “Terms”) and to comply with all applicable laws and regulations.  You also agree to our Privacy Policy and agree to follow any other rules on the Site.

We may change the Terms from time to time.  Modifications will be posted to the Site.  You are responsible for reviewing and becoming familiar with any modifications to the terms.  Access to or continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms.

  1. Definitions

Nonprofit:  Nonprofit as defined in these Terms is an entity that registers through this site to accept donations.

Companies:  Companies as defined in these Terms in an individual or organization that registers through this site to participate in the wholesale program.

Donor:  Donor as defined in these Terms is an individual or entity that utilizes this Site to make a donation.

  1. Creating an Account

To accept donations or register as a Nonprofit, Companies or Donor you must create an account.  To create an account, you need to be at least 18 years old, or old enough to form a binding contract where you live.  You are responsible for all the activity on your account, and for keeping your password confidential.  By creating an account you acknowledge that you are authorized to act on behalf of the Nonprofit, Companies or Donor in such a capacity and that you are authorized to bind the Nonprofit, Companies or Donor to these Terms.  Simpligiv LLC reserves the right to deny registration to any Nonprofit, Companies or Donor for any reason.

  1. Our Fees

Creating an account on Simpligiv LLC is a membership based service.  Nonprofits, Companies and Donors will be automatically charge the monthly membership fee on the first of every month.

  1. Other Websites

This site may contain links to web sites controlled, owned, and operated by third parties (the “third-party sites”).  Simpligiv LLC cannot control and has no responsibility for the accuracy or availability of information provided on the third-party sites.  You acknowledge that use of any third-party sites is governed by the terms of use for those websites, and not by these Terms.  Links to third-party sites do not constitute an endorsement or recommendation by Simpligiv  LLC of such sites or the content, products, advertising or other materials presented on such sites, but are only for your convenience and you access them at your own risk.  Such third-party sites may have a privacy policy different from that of Simpligiv  LLC and the third-party site may provide less security than this Site.  Simpligiv LLC is not responsible for the content of any third-party web sites, nor does Simpligiv LLC make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party web sites, and Simpligiv LLC shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise.

Simpligiv LLC partners with other companies for donation processing.  When you make or accept a donation you are also agreeing to the donation processor’s terms of service.

  1. Deleting Your Account

You can terminate your account at any time.  All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site.

  1. Warranty Disclaimer

You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.  Simpligiv LLC specifically disclaims any and all warranties and conditions of merchantability, non-infringement, and fitness for a particular purpose, and any warranted implied by any course of dealing, course of performance, or usage of trade.  No advice or information (oral or written) obtained by you from Simpligiv LLC shall create any warranty.

  1. Indemnification

You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the site, including but not limited to your violation of these Terms.

  1. Limitations of liability

Under no circumstances — including, without limitation, negligence — shall we be liable for any direct, indirect, incidental, special or consequential damages, resulting from (1) the use or the inability to use the site; (2) the cost of procurement of substitute goods and services; (3) unauthorized access to or alteration of your transmissions or data; (4) loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages. The foregoing shall not apply to the extent prohibited by applicable law.

  1. Limitations of Use

The copyright in all material on this Site, including without limitation the text, data, design, source code, software, photos, images and other information (collectively the “Content”), is held by Simpligiv LLC or by the original creator of the material and is protected by U.S. and International copyright laws and treaties.  You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, in whole or in part, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Simpligiv LLC.

You agree to use the Content and Site only for lawful purposes.  You are prohibited from any use of the Content or Site that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability.  Any unauthorized use of the Site, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited.  Simpligiv LLC makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States.  If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

  1. Trademarks

Simpligiv LLC (including the Simpligiv logo), www.Simpligiv.com, and all related logos (collectively the “Simpligiv Trademarks”) are trademarks or service marks of Simpligiv LLC.  Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by Simpligiv LLC or others.  Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Simpligiv Trademarks displayed on this Site, without our prior written permission in each instance.  You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site unless in accordance with written authorization by us.

  1. Monitoring of the Site

Simpligiv LLC has no obligation to monitor the Site; however, you acknowledge and agree that Simpligiv LLC has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.

  1. Availability

This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation.  By offering this site and Content no distribution or solicitation is made by Simpligiv LLC to any person to use the Site or Content in jurisdictions where the provision of the site and/or content is prohibited by law.

  1. Termination

These Terms are effective until terminated by Simpligiv LLC.  Simpligiv LLC may terminate the Terms at any time without notice, or suspend or terminate your access and use of the Site, with or without cause, in our absolute discretion and without notice.  The following provisions of these Terms shall survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.

  1. Waiver

Failure by Simpligiv LLC to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

  1. Applicable Law and Dispute Resolution

Users agree that: (a) the Services shall be deemed solely based in Indiana (the principal place of business of Simpligiv LLC); and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Simpligiv LLC, either specific or general, in jurisdictions other than Indiana. These Terms shall be governed by the laws of the State of Indiana, without respect to its conflict of laws principles.

You agree that you will notify Simpligiv LLC in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it, and give SimpligivLLC a reasonable period of time to address it before bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against Simpligiv LLC.

  1. Additional Terms

Certain sections or pages on the Site may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement.  In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

  1. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Terms shall remain in full force and effect.

  1. General Provisions

These Terms supersedes any previous Terms of Use Agreement to which you and Simpligiv LLC may have been bound.  This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.  Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Terms. All rights not expressly granted herein are hereby reserved.  Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

  1. Refunds

Membership fee of Nonprofit, Companies or Donor are not refundable.

Donation, including the service fees portion thereof, are not refundable.  Charities shall be solely responsible for addressing refunds, the status of donations, or other issues relating to any donations made through the Site.

We are not responsible for the performance of any third party credit card processing or third party payment services.

  1. Assignment

The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by Simpligiv LLC without restriction or consent.

  1. Disclaimers

Nonprofits, Donors and Companies should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states.  While provisions vary state to state, these state laws typically include registration and reporting requirements. simpligiv.com merely provides a technology platform to allow Donors and Companies to connect with nonprofits.  Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.

Simpligiv LLC makes no representations, warranties or other assertions as to the potential tax deductible status of any donation to a nonprofit.

  1. Entire Agreement

These Terms are the entire agreement between each registered user and Simpligiv LLC regarding its subject matter.