The CharityTool.com website is owned and operated by Charity Tool Inc. These Terms of Use ("Terms") govern your use of the services, tools, information and content (collectively the "Services") provided by Charity Tool Inc. in the CharityTool. In these Terms, "you" or the "User" refers to any person using the Services.
Accepting the Terms
To use the Services, you must first agree to the Terms. You may not use the Services if you do not agree to the Terms. You may accept the Terms by:
(a) Clicking "Accept" or "Agree" where the option is available; or
(b) By using the Services. Your use of any portion of the Services constitutes your agreement to and acceptance of the Terms from that point onwards.
Before you continue, you should print off or save a copy of the Terms for your records. By using the Services, you agree that you are bound by the Terms and any amendments in effect at the time of your visit.
Charity Tool may amend the Terms at any time by posting the amended Terms on the Tools. You are responsible for regularly reviewing these Terms.
Continued use of the Services following any such changes will constitute your acceptance of such changes.
Registration
Certain Services may require registration prior to use. When you register, you agree:
(a) to supply all requested information; and
(b) to ensure all the information provided is accurate.
As part of the registration process, you will be given a User Name and Password for your personal use.
You are solely responsible for maintaining the confidentiality of your login criteria and for all activities that occur under your User Name and Password,
including content uploaded, statements made and acts or omissions that occur.
We reserve the right to disable an account if we suspect that an unauthorized person is using the account, or if you provide fraudulent or misleading information or otherwise do not comply with these Terms (for example, giving a false email address when registering).
If you learn of unauthorized use of your login criteria at any point, please notify Charity Tool immediately. It is your responsibility to report unauthorized use of the Services.
Content
The content of the Services is meant to be used as a resource. Charity Tool does not approve, recommend or endorse charities, donation practices or evaluation tools or any of the advice, opinions, information, products or services of any third parties provided by the Services. All information presented in the Services, including financial information, links, text, graphics, images, webinars and other material, either provided by Charity Tool or by others, are presented as a general service. Charity Tool does not verify the accuracy of the information about any given charity on the Services. Charity Tool is not responsible for the content posted on the Services by third parties. Views or opinions expressed reflect those of the author, not Charity Tool.
Notice of Disclaimers
The services are provided on an "as is" basis. Your use of and reliance thereon are at your own risk.
Charity Tool does not make, and hereby expressly disclaims, any and all express and/or implied warranties or conditions, including, but not limited to,
warranties or conditions of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage or trade practice.
Without limitation of the foregoing and notwithstanding anything herein contained,
(a) Charity Tool does not warrant that
(i) The Services will meet your requirements,
(ii) The Services will be uninterrupted, timely, secure or error-free,
(iii) The results that may be obtained from the use of the Services will be accurate, up-to-date or reliable, or
(iv) Any errors in Charity Tool's software or the Services will be corrected;
(b) No advice or information, whether oral or written, obtained by user from Charity Tool or through the use of the Services shall create any warranty not expressly stated in this agreement; and
(c) No legal advice or counsel is given, or shall be deemed to have been given, by the Services. You expressly acknowledge that although Charity Tool uses commercially reasonable efforts to ensure the protection of user's business data, Charity Tool does not provide or guarantee absolute security.
Limitation of Liability
In no event will Charity Tool be liable or responsible to you or any other person or entity for any type of direct, indirect, incidental, special, punitive, or consequential damages (including but not limited to, lost revenue, lost profits, replacement goods, loss of proprietary material, rights or services, loss or corruption of data, or interruption or loss of use of Services or equipment) arising out of the use of or inability to use the Services, the Tools and/or the contents on the tools or any other sites linked to the tools, even if advised of the possibility of such damages, whether arising under theory of contract, tort (including negligence) strict liability or otherwise. if users are dissatisfied with any Services, with the operation of the tools or with any of these terms, the exclusive remedy is to discontinue using the Services and the tools. If, notwithstanding the foregoing, Charity Tool or any of its third party providers are found liable in connection with a claim arising out of or related to using or accessing the Services or the tools, their aggregate liability to you for all damages, losses and causes of action, howsoever arising, shall not exceed the amount paid by you, if any, for the Services. Without limiting the foregoing, Charity Tool shall not be liable for any loss resulting from a cause over which Charity Tool does not have direct control, including but not limited to, failure or electronic or mechanical equipment or communication lines; telephone or other interconnection problems; bugs, errors, configuration problems or incompatibility of computer hardware or software; failure or unavailability of internet access; problems with internet services providers or other equipment or services relating to user's computers; problems with intermediate computer or communications networks or facilities; problems with data transmission facilities or user's telephone or telephone services; or unauthorized access, theft, operator errors, severe weather, earthquakes or labour disputes. this limitation of liability will survive the termination of the services or your right to use the services.
Restrictions on Use
Unless otherwise noted, all content on the Services, including but not limited to text, data, images, designs, illustrations, articles, documents, reports and other materials (collectively "Content"),
is protected by copyright, and owned or controlled by Charity Tool or a third party provider. You must access the Content manually by request and not programmably by machine automated means. You may not use the Content for any unlawful purpose.
You may temporarily download Content for personal transitory viewing, provided that
(a) Use of the Content is for informational and non-commercial personal use only and no Content may be copied or posted on any network computer, used for public display or broadcast in any media, and
(b) No modification of any Content is made. No licence is given for republication, distribution, performance, display, translation, retransmission, broadcast,
sublicense, preparation of derivative works or any use other than noncommercial personal use. Except as expressly authorized under these Terms, you may not republish,
distribute or prepare derivative works from the Tools or its Content, and no part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than the personal use provided for above.
You may not copy or adapt the HTML that Charity Tool creates to generate its pages. It is also protected by Charity Tool's copyright.
Prohibited Activities
You agree not to disturb the normal operation of the Services, not to infringe the integrity of the Services by hacking, altering the information contained in the Services or otherwise, and not to prevent or limit access to the Services to other users.
Non-exhaustive list of prohibited activities for the Tools includes but is not limited to:
- Posting incomplete or false information;
- Transmitting any Content that is discriminatory, sexually explicit, obscene, libellous, defamatory, threatening, harassing, abusive or hateful;
- Transmitting material containing a virus or any computer code that may interrupt the functioning of the any computer software, hardware or telecommunications equipment; and
- Using the site to violate any municipal, regional, provincial, state, federal or international laws in Charity Tool's or your jurisdiction.
Links to other Websites
Charity Tool is not responsible for the content of any third-party website. Any links to such websites are provided for your convenience only and you access any third-party websites at your own risk. Charity Tool does not endorse, authorize, approve, certify, maintain, or control these other websites and does not guarantee the accuracy, completeness, efficacy or timeliness of the information located at such websites. These Terms applicable to the Services are wholly unrelated to the terms and conditions that may attach to third party websites, and the users of any such third party website should familiarize themselves with any applicable terms and conditions for use of each accessed link. Charity Tool is not responsible for the privacy practices of third-party websites. We encourage you to review the privacy policies of any linked websites before you navigate any website or disclose your personal information online.
Links from Other Websites
There may be circumstances where access to the Services is provided by a hypertext link located at another website.
Although Charity Tool encourages and appreciates links from third-party website pages, Charity Tool has no responsibility for the content of such websites and
Charity Tool does not endorse, authorize, approve, certify, maintain, or control these other websites or guarantee the accuracy, completeness, efficacy or timeliness of the information located at such websites.
While Charity Tool permits links from third-party websites the following are not permitted:
(a) Filtering of the Content on the Tools;
(b) Embedding web pages from the Tools in HTML frames running from other sites; or
(c) Using any graphics appearing on the Tools on any third-party site.
Intellectual Property
The Content on the Services is protected by copyright and other laws. Copyright © 2016 Charity Tool and/or its suppliers. Charity Tool is trade-marks owned by Charity Tool. Other trade-marks, trade names, logos and designs referenced or appearing in the Tools are proprietary to Charity Tool or other entities. Any use of the trade names, trade-marks, service marks and logos displayed on the Services is strictly prohibited. Except as may be expressly herein provided, nothing contained herein shall be construed as conferring any licence or right under copyright, trade-mark or any other intellectual property rights. Charity Tool reserves all rights not expressly granted hereunder. The Services are proprietary to Charity Tool and its suppliers and nothing in this Agreement transfers any right, title or ownership in the Services or the Tools or to any intellectual property rights therein. You obtain no rights hereunder except to use the Services as authorized pursuant to these Terms. You acknowledge the ownership of Charity Tool to the Services and Tools and will not reproduce, decompile, disassemble or reverse engineer any part of the software used to provide the Services. You will not reproduce any other part of the Services, Tools or their contents except as expressly authorized by instructions on the Tools.
Indemnification
You agree to defend, indemnify and hold Charity Tool harmless from and against any and all claims, losses, liabilities, damages, costs and expenses (including but not limited to legal fees) arising from or in connection with your violation of:
(a) The Terms;
(b) Applicable laws, including, but not limited to, laws relating to the protection of Personal Information; or
(c) Any third party's rights, including, but not limited to, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights,
or otherwise arising from any third party claims related to your use of the Services.
Modification / Termination of Services
Charity Tool reserves the right in its absolute discretion to terminate the Services, your access to the Services, or change the services, features and data in any portion of the Services at any time without notification.
Personal Information Protection
Charity Tool collects, uses and discloses your personal information in accordance with our website privacy statement for the Services. By using the Services and your acceptance thereby of these Terms, you consent to Charity Tool's collection, use and disclosure of your personal information in accordance with such statement as it then reads without any further notice or liability to you or any other person. You agree to comply with all applicable laws regarding the protection of personal information and privacy and, without limitation, to obtain all necessary consents with respect to the collection, use and disclosure of personal information required in connection with your use of the Services.
Storage/Retention of Data
Without limiting any other provision of these Terms, and notwithstanding any description of the Services provided by Charity Tool in the Tools or otherwise, Charity Tool shall have no obligation to store or retain your data uploaded, posted or entered in the Tools.
Jurisdiction
This agreement is governed by the laws of the Province of Ontario, Canada. You consent to the exclusive jurisdiction and venue of courts in Ontario, Canada in all disputes arising out of or relating to the use of the Services. Use of the Tools is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.
Severability
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable laws, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provisions will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
Entire Agreement
Unless specified herein, these Terms constitute the entire Agreement between the User and Charity Tool with respect to your use of these Tools and the services offered at these Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Charity Tool with respect to these Tools.
Compliance with Laws
Charity Tool's performance of this Agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Charity Tool's right to comply with governmental, court and law enforcement requests or requirements relating to your use of these Tools or information provided to or gathered by Charity Tool with respect to such use.
Language
It is the express wish of the parties that this agreement and all related documents be drawn up in English.
Additional Terms for CharityTool
Your Submissions
You certify that you have all the rights and responsibilities necessary to post or disclose anything that you submit to CharityTool. You further warrant that all the information that you submit is true and accurate at the time of submission. Any submissions to CharityTool, including, but not limited to, annual reports, financial statements, added narrative information, social media links and questions are deemed non-confidential information. By posting, uploading, inputting, providing or submitting materials to CharityTool, you are providing Charity Tool permission to share or otherwise use your submissions for any purpose whatsoever. You grant Charity Tool the perpetual, irrevocable and fully sublicensable right and licence to use, reproduce, display, perform, modify, translate, create derivative works from, transmit and distribute for any purpose Charity Tool chooses, commercial, public or otherwise, your submission, without compensation whatsoever. Without limitation, you grant us a perpetual royalty-free licence to use and display your submission in the Services. By submitting materials, information and ideas you also represent and warrant that you have full right, title and authority to make the submission and to grant this licence, and that the use of your submission in accordance with this licence will not infringe any intellectual property or other right of any other person or entity, or cause injury to any person or entity. No compensation will be paid with respect to any material that you submit as a User to Charity Tool. Charity Tool reserves the right, in its sole discretion, to edit or withdraw any materials submitted by a User to CharityTool, for any reason whatsoever. You are expressly prohibited from transmitting (including, but not limited to, through posts, questions, uploads or e-mail) any unlawful, threatening, defamatory, obscene or otherwise objectionable material of any kind. This includes, but is not limited to, material that would give rise to civil liability or otherwise violate any applicable municipal, provincial, state or federal laws. You agree and acknowledge that Charity Tool is not responsible or liable to you or any user of the Tools for any conduct by you or any other user.