Terms of Service
Terms of Service
ConnectionPoint Systems Inc. Terms of Service Agreement for FundRazr Application
Dated July 7th 20101. ACCEPTANCE OF TERMS
ConnectionPoint Systems Inc. (hereafter referred to as “CPSI”), provides its services (hereafter referred to as “FundRazr”), to you subject to the following Terms of Service (TOS), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.connectionpoint.ca/terms-of-service-fundrazr. In addition, when using FundRazr, you and CPSI shall be subject to any guidelines or rules applicable that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
You will not hold CPSI responsible for others’ content, actions or inactions. You acknowledge that we have no control over and do not guarantee the quality, safety or legality of organizations promoted, the truth or accuracy of content, listings, or ability to perform the stated objective.
2. DESCRIPTION OF FUNDRAZR
FundRazr is a simple, easy-to-use fundraising and payment management application that connects to Facebook, Twitter and other social network systems. Members are able to see the fees they owe, make payments, get receipts and track their payment history.
Administrators have access to additional tools for their Organization to create, distribute and track fees, sell tickets, create fundraising campaigns, monitor money collection progress, add and manage members, review reports, set up and manage accounts and modify the Organizations settings.
Payments are all transacted through PayPal. As used herein, “Member” is a person that pays fees, “Administrator” is responsible for setting up and managing an Organization to collect money from members or supporters and handle the funds, “Organization” can be an individual, a group, team, club, charity, company or campaign, “Supporter” is any individual or company that contributes money to an Organization and User may be a Member, Administrator, Organization and/or Supporter.
3. PAYMENT PROCESSING INFORMATION
All Member payments and Supporter contributions with FundRazr are processed by PayPal.
i. When transacting through PayPal it is necessary that FundRazr Users be subject to the applicable PayPal User Agreement. CPSI is not affiliated with PayPal, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. The same is true with respect to CPSI on the one hand and FundRazr Users on the other hand. To the extent that FundRazr is rendered in conjunction with any other provider of services, the same shall also be true, namely that to the extent that a User of FundRazr hereunder does so in conjunction with the services of another service provider, such User will be subject to the other service provider’s terms of service, and neither CPSI or the other service provider will be considered the agent or employee of the other, and neither will be responsible in any way for the actions or performance (or lack thereof) of the other. The terms of this TOS shall not in any way supersede the terms of any other service provider for using their service, nor shall the terms of service of any other service provider supersede the terms of this TOS with respect to FundRazr.
ii. By using FundRazr, all Users agree to PayPal withholding CPSI’s convenience fee and making these convenience fees available to CPSI. For more information on CPSI convenience fees: http://www.facebook.com/FundRazr?v=app_4949752878#cost
iii. Organizations and Administrators accept the responsibility to provide refunds to Members and Supporters at their own discretion. CPSI will not be held liable for refunds or lack thereof.
4. REFUND POLICY
As FundRazr is a payment facilitator via PayPal, Members and Supports MUST request any and all refunds directly from the Organization.
For Organizations to receive a reimbursement of the FundRazr convenience fee, the Administrator MUST process the refunded payment or contribution to a Member or Supporter through PayPal within seven (7) days from the date of processing the payment or contribution that is being refunded.
5. FURTHER SERVICE UNDERSTANDINGS
Unless explicitly stated otherwise, any new features that augment or enhance FundRazr, shall be subject to the TOS. You understand and agree that FundRazr is provided AS-IS and that CPSI assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any communications or personalization settings.
6. SET UP OBLIGATIONS
In consideration of your use of FundRazr, you agree to: (a) provide true, accurate, current and complete information about yourself or Organization as prompted during the set up and later administration processes (such information being the Set Up Data) and (b) maintain and promptly update the Set Up Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CPSI has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CPSI has the right to suspend or terminate your use of FundRazr and refuse any and all current or future use of FundRazr (or any portion thereof). CPSI is concerned about the safety and privacy of all its Users, particularly children. For this reason, and to be consistent with PayPal’s User Agreement, you must meet or exceed the minimum age requirement to register for a PayPal account.
7. SECURITY
By using your Facebook account you will have access to FundRazr. You are responsible for maintaining the confidentiality of your Facebook account, and are fully responsible for all activities that occur in your Facebook account as it relates to FundRazr. You agree to immediately notify CPSI of any unauthorized use of your Facebook account or any other breach of security as it relates to FundRazr. CPSI cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
8. CONDUCT
In using FundRazr, you understand that you are liable for all information, in whatever form, (Information) you make available to FundRazr users. You agree not to use FundRazr to:
a. upload, post, email, transmit or otherwise make available any Information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a CPSI representative, forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted through FundRazr;
e. upload, post, email, transmit or otherwise make available any Information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Information that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. interfere with or disrupt FundRazr or servers or networks connected to FundRazr, or disobey any requirements, procedures, policies or regulations of networks connected to FundRazr;
j. intentionally or unintentionally violate any applicable local, province, state, national or international law; or
k. stalk or otherwise harass another.
You acknowledge that CPSI does not pre-screen any Content working in coordination with FundRazr, but that CPSI and its designees shall have the right (but not the obligation) in their sole discretion to rescind use of FundRazr. You acknowledge and agree that CPSI may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of CPSI, its Users and/or the public. You understand that the technical processing and transmission of FundRazr, including your Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.
10. INDEMNITY
You agree to indemnify and hold CPSI, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Information you submit, post, transmit or make available through FundRazr, your use of FundRazr, your connection to FundRazr, your violation of the TOS, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of FundRazr, use of FundRazr, or access to FundRazr, other than as provided within the scope of FundRazr.
12. MODIFICATIONS TO SERVICE
CPSI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, FundRazr (or any part thereof) with or without notice. CPSI will not be responsible to you for refund, in whole or part, of convenience fees for any reason. You agree that CPSI shall not be liable to you or to any third party for any modification, suspension or discontinuance of FundRazr.
13. TERMINATION
You agree that CPSI, in its sole discretion, may terminate your use of FundRazr, and remove and discard any Information within FundRazr, for any reason, including, without limitation, for lack of use, failure to timely pay any convenience fees or other moneys due CPSI, or if CPSI believes that you have violated or acted inconsistently with the letter or spirit of the TOS. CPSI may also in its sole discretion and at any time discontinue providing FundRazr, or any part thereof, with or without notice. You agree that any termination of your access to FundRazr under any provision of this TOS may be effected without prior notice, and acknowledge and agree that CPSI may immediately deactivate or delete your Information and/or bar any further access to such files in FundRazr. Further, you agree that CPSI shall not be liable to you or any third-party for any termination of your access to FundRazr.
14. LINKS
CPSI may provide, or third parties may provide, links to other World Wide Web sites or resources. Because CPSI has no control over such sites and resources, you acknowledge and agree that CPSI is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CPSI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
15. CPSI’s PROPRIETARY RIGHTS
You acknowledge and agree that FundRazr and any necessary software (Software) used in connection with FundRazr contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through FundRazr is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CPSI, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on FundRazr or the Software, in whole or in part. CPSI grants you a non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to FundRazr. You agree not to access FundRazr by any means other than through the interface that is provided by CPSI for use in accessing FundRazr.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF FUNDRAZR IS AT YOUR SOLE RISK. FUNDRAZR IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. CPSI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. CPSI MAKES NO WARRANTY THAT (i) FUNDRAZR WILL MEET YOUR REQUIREMENTS, (ii) FUNDRAZR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF FUNDRAZR WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH FUNDRAZR WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF FUNDRAZR IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CPSI OR THROUGH OR FROM FUNDRAZR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CPSI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CPSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE FUNDRAZR; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM FUNDRAZR; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON FUNDRAZR; OR (v) ANY OTHER MATTER RELATING TO FUNDRAZR.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THE TOS SECTIONS MAY NOT APPLY TO YOU.
REGARDLESS OF THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL CONVENIENCE FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) $100.
19. RELEASE
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, 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.”
20. NOTICE
Notices to you may be made via either email or regular mail. CPSI may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on FundRazr. Our mailing address is: ConnectionPoint Systems Inc., 320 – 321 Water Street, Vancouver, BC, Canada V6B 1B8
21. TRADEMARK INFORMATION
CPSI, trademarks and service marks, and other CPSI logos and product and service names are owned by and /or trademarks of CPSI (the CPSI Marks). Without CPSI’s prior permission, you agree not to display or use in any manner, the CPSI Marks.
22. GENERAL INFORMATION
A. Entire Agreement. The TOS constitutes the entire agreement between you and CPSI and governs your use of FundRazr, superseding any prior agreements between you and CPSI. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party Information or third-party software.
B. Choice of Law. The TOS and the provision of Service to you are governed by the laws of the Province of British Columbia, Canada as such laws are applied to agreements entered into and to be performed entirely within British Columbia by British Columbia residents.
C. Arbitration. Any controversy or claim arising out of or relating to the TOS or the provision of Service shall be finally settled by binding arbitration in accordance with the commercial arbitration rules observed by the Arbitrators Association of British Columbia. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Vancouver, British Columbia, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, you and CPSI agree to submit to the personal jurisdiction of the courts located within the city of Vancouver, British Columbia. Either you or CPSI may seek any interim or preliminary relief from a court of competent jurisdiction in Vancouver, British Columbia necessary to protect the rights or property of you or CPSI (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
D. Invalid Provisions. The failure of CPSI to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
E. Time to File Claim. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of FundRazr or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
F. Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
23. VIOLATIONS
Please report any violations of the TOS to TOS-violations at connectionpoint dot ca.