By signing up for a Givecloud account and by using the services, including any third-party services accessible through the Givecloud platform, you are agreeing to be bound by the following terms and conditions as may be updated from time to time. In these terms "we", "us", "our" and "Givecloud" means Givecloud Inc. and the purchasing organization named in the account is "you" and "your".
  1. These Terms of Service apply to the use of the Givecloud platform and related services (together, the "services") by the purchasing organization and its authorized users. The term "services agreement" includes these terms, the policies on the platform such as the Privacy Policy and Acceptable Use Policy and other policies and terms appearing on the website. This services agreement may evolve over the period of the subscription to reflect changes in our processes, policies and in laws. By continuing to use the platform, you and your authorized users are deemed to accept the updated terms.
  2. Should you purchase an annual subscription from Givecloud, your subscription will renew automatically unless you notify Givecloud of your decision to discontinue the service. Prices are subject to change at any time. Givecloud will seek to provide at least 90 days prior notice of changes to our prices.
  3. Givecloud warrants to the purchasing organization only that the services will materially conform to the descriptions on the Givecloud platform. Except as stated, the services are provided to you and your authorized users on an "as is, where is" basis. Givecloud disclaims any other representations or warranties (express or implied) with regard to the services and specifically disclaims any implied warranties of merchantability or fitness for a particular purpose.
  4. Givecloud relies on a variety of third parties and third-party products in delivering services through our platform. While Givecloud will seek to assist with issues you may encounter, Givecloud assumes no responsibility for the acts of third parties or for the availability or performance of third-party products.
  5. The following provisions set out the limitations of liability of Givecloud and others to you and your authorized users:
    1. The total aggregate liability of Givecloud, its affiliates, officers, directors, employees, agents, partners, suppliers and licensors to you, to authorized users and other third parties for anything arising from the services is the aggregate amount that you paid to Givecloud in subscription fees during the twelve-(12)-month period preceding the event giving rise to the liability.
    2. To the extent permitted by applicable laws, Givecloud, its affiliates, officers, directors, employees, agents, partners, suppliers and licensors shall not be liable for any indirect, incidental, special, consequential or exemplary damages, or for any loss of opportunities, revenues, donations, profits, goodwill, use, data or other intangible losses resulting from your use, or any authorized user’s or third party use of, or inability to use, the services even if the foregoing were foreseeable losses or if any of the foregoing parties have been advised of the possibility of such a loss occurring, regardless of the legal or equitable theory upon which the claim is based.
    3. You agree to indemnify and hold us and, as applicable, our affiliates, officers, directors, employees, agents, partners, suppliers and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of your use of the services, your breach of this agreement (including the Acceptable Use Policy), your violation of any law or the rights of a third party.
  6. Givecloud reserves the right to modify, without notice, suspend or terminate a service or your account at any time. While efforts will be made to provide notice of an intention to suspend or terminate a service or your account, this may not always be possible.
  7. This agreement grants Givecloud the right to reference the purchasing organization’s name as a subscriber of Givecloud and to use screenshots of the purchase organization’s public website for purposes of listing the purchasing organization as a subscriber.
  8. You agree that this services agreement is the complete and exclusive statement of the agreement between Givecloud and you and supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the services and the platform. If any provision of the services agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the agreement shall remain in full force and effect. Givecloud’s affiliates, partners, suppliers and licensors are beneficiaries under this agreement, entitled to enforce its terms.
  9. Customer satisfaction matters to us. Should you encounter any issues with, or have concerns with our performance or our services, please contact us immediately so that we may work with you to resolve the problem. If we are unable to reach a mutually satisfactory resolution, you accept that this agreement will be interpreted under the laws of Ontario and Canada and that legal disputes will be submitted to a confidential and binding arbitration process in Ontario, Canada under Canada’s Commercial Arbitration Act.
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