The following terms and conditions govern all use of the DonorPoint website and all content, services and products available at or through the website, including, but not limited to, the DonorPoint hosting service and analysis services, (taken together, the Website). The Website is owned and operated by DonorPoint ("DonorPoint"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, DonorPoint Privacy Policy) and procedures that may be published from time to time on the Website by DonorPoint (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by DonorPoint, acceptance is expressly limited to these terms.

1. Your DonorPoint Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify DonorPoint of any unauthorized uses of your account or any other breaches of security. DonorPoint will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors. If you operate an account or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content;

Without limiting any of those representations or warranties, DonorPoint has the right (though not the obligation) to, in the sole discretion of DonorPoint (i) refuse or remove any content that, in DonorPoint's reasonable opinion, violates any DonorPoint policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in the sole discretion of DonorPoint. DonorPoint will have no obligation to provide a refund of any amounts previously paid.

3. Fees and Payment. Optional premium paid services are available on the Website. By selecting a premium service you agree to pay DonorPoint the monthly or annual subscription fees indicated for that service (the payment terms are described below). Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.

4. Business Services.

• Fees; Payment. By signing up for a Business Services account you agree to pay DonorPoint the setup fees and monthly hosting fees indicated in this agreement in exchange for the services listed in this agreement. Applicable fees will be invoiced starting from the day your Business Services are established and in advance of using such services. DonorPoint reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Business Services can be canceled by you at anytime on 30 days written notice to DonorPoint.
• Support. Business Services include access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by DonorPoint to respond within one business day) concerning the use of the Business Services. "Priority" means that support for Business Services customers takes priority over support for users of the standard, free DonorPoint services. All Business Services support will be provided in accordance with DonorPoint standard Business Services practices, procedures and policies.

5. Responsibility of Website Visitors. DonorPoint has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, DonorPoint does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

Furthermore you agree that you and only you are solely responsible that your use of the Website is in compliance with the law and the legality surrounding your content. Data Agents, LLC (dba DonorPoint) is in no way responsible for your content or the legality surrounding your use of the Website.

6. Intellectual Property. This Agreement does not transfer from DonorPoint to you any DonorPoint or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with DonorPoint. DonorPoint, ProductScope, DonorPoint, the DonorPoint logo, and all other trademarks, service marks, graphics and logos used in connection with DonorPoint, or the Website are trademarks or registered trademarks of DonorPoint or DonorPoint's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any DonorPoint or third-party trademarks.

7. Changes. DonorPoint reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. DonorPoint may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

8. Termination. The subscription service will continue on a month-to-month basis and may be terminated by you or DonorPoint at any time upon thirty days prior written notice to the other; provided that DonorPoint shall be entitled to payment of all amounts due and payable in accordance with this letter through the date of termination. Upon termination of this agreement DonorPointwill cease all services described herein.

9. Disclaimer of Warranties. The Website is provided "as is". DonorPoint and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither DonorPoint nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

10. Limitation of Liability. In no event will DonorPoint, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages including those due to data loss or theft; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to DonorPoint under this agreement during the twelve (12) month period prior to the cause of action. DonorPoint shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

11. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the DonorPoint Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

12. Indemnification. You agree to indemnify and hold harmless DonorPoint, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

13. Governing law. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio without regard to any conflict of law provision which may cause the application of any law other than the laws of the State of Ohio.

14. Sole and Entire Agreement; Binding Effect. This Agreement constitutes the entire agreement between DonorPoint and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of DonorPoint, or by the posting by DonorPoint of a revised version.

Information Collected

• When you request additional information or register on the DonorPoint Web site, DonorPoint (the "Company") will ask you to provide basic contact information.
• When you purchase DonorPoint applications or services (the "Services"), the Company will ask you to provide billing information.
• DonorPoint uses common Internet technologies, such as cookies and Web beacons, to keep track of interactions with the Company's Web sites and emails.

Use of Information

• DonorPoint uses information collected to provide you with the services you request.
• DonorPoint may use information collected to provide you with additional information about the Company's Services, partners, promotions, and events.
• DonorPoint may use information collected to improve the Company's Web sites and Services.
• DonorPoint does not share, sell, rent, or trade personally identifiable information with third parties for their promotional purposes. DonorPoint may share information collected with other companies that work on DonorPoint's behalf.

Customer Data

• Customers of DonorPoint may electronically submit data or information to the Company's services ("Customer Data").
• DonorPoint will not share, distribute, or reference any such Customer Data except as provided in the Terms of Use, or as may be required by law. In accordance with the DonorPoint Terms of Use, DonorPoint may access Customer Data time to time for the purposes of the development of new products and services, and marketing same to you, and for the purposes of providing the services, preventing or addressing service or technical problems, at a Customer's request in connection with customer support matters, or as may be required by law.

Communications Preferences

• Every marketing email from DonorPoint contains instructions on how to opt out of receiving further marketing emails from the Company.

Information Security

• We work to protect information by restricting access to data to the owner of an account. It is important for you to protect access to your computer and your password. When using a public or shared computer, make sure to log out after you are done accessing the software.
• We work to protect the security of passwords, credit card, and bank account information during transmission over the internet by using Secure Socket Layer (SSL) software, which encrypts information you enter.
• We reveal only the last four digits of a credit card or bank account when confirming an order.

Refunds

• Refunds of donations or subscriptions may be requested within 30 days of processing via email to help@donorpoint.com.
• Refunds of event registrations may be requested within 30 days of processing, but no later than 30 days before the event.
• All refunds will be provided as a credit to the credit card used at the time of purchase within five (5) business days upon receipt of the refund request.

Policy Changes

• DonorPoint may change its policies at any time at its sole discretion, although most changes are likely to be minor. DonorPoint encourages visitors to frequently check this page for any changes to its Policies. Your continued use of this site after any change in these Policies will constitute your acceptance of such change.