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(Last Modified: March 14, 2019)
This website with its home page at eseedfund.org (the “Website”) is an informational and interactive website offered by Entrepreneurship Seed Fund, Inc., a Colorado nonprofit corporation (herein referred to as ESF), at no charge to users of the World Wide Web, with the express condition that such users agree to be bound by the terms and conditions set forth in this User Agreement. ESF reserves the right to change these terms and conditions at any time, without notice to you, and you must consult the most recent version of this User Agreement (not an older cached version) each time you view the Website. Use of this Website constitutes your acceptance of all of the following terms and conditions, in their current form or as modified.
ESF is a charitable, nonprofit corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code (“I.R.C.”). ESF provides users a platform for creating donor advised funds and restricted funds, as well as access to an extensive amount of resources through the Website, including, but not limited to, information regarding charities and affiliated/partner organizations, online tools, and other communication tools that may or may not allow for personalization (the “Service”). ESF assumes no responsibility or liability for the timeliness, deletion, misdelivery or failure to store any user communications or personalization data or settings. All such risks shall be borne by the end user.
Users who wish to create an account on the ESF website must also agree to the terms and conditions set forth in the Charitable Giving Fund Notices found here. Users creating such an account are responsible for maintaining the confidentiality of their user ID and password, and are fully responsible for all activities that occur under their account. ESF does not retain or assume liability or responsibility for such use.
Users acknowledge that ESF may establish general practices and limits concerning use of the Website, including without limitation the maximum number of days that postings or other uploaded content are retained by the Website, the maximum disk space allotted on servers for an account, and the maximum duration for which an account can be accessed in a given period of time. You acknowledge that ESF has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Website servers. You acknowledge ESF has the right to disable accounts that are inactive for an extended period of time or when fraud is suspected. You further acknowledge that ESF reserves the right to change these general practices at any time with or without notice.
You understand that all materials, data, text, photographs, graphics, messages, or other information publicly posted on the Website by third parties (“Public Content”) is the sole responsibility of the person from which such content originated. This means that you, and not ESF, bear all risks and liabilities for all Public Content that you upload, post, email, transmit or otherwise make available via the Service. You agree to not use the Service to:
You acknowledge that ESF and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, edit, or delete any Public Content that is available via the Service. ESF and its designees shall have the right (but not the obligation) to remove any Public Content regardless of whether such communication(s) violate this User Agreement. You agree that you must evaluate, and bear all risks associated with, the use of any Public Content, including any reliance on the accuracy, completeness, or usefulness of such Public Content.
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By submitting communications or content (including, but not limited to stories, photos, videos) to any part of this Website, blog, or social media sites, where such content would be viewable by the public (e.g. posting on a public forum/bulletin board or public chat or other public communication), you agree that such submission is non-confidential for all purposes. Any submission to this Website will be deemed and remain the property of ESF. You grant and warrant that the owner of such content has expressly granted ESF and its designees a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Such license is freely assignable by ESF at its sole discretion.
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You agree that ESF and its designees, in its or their sole discretion, may terminate your password, Charitable Giving Fund, account (or any part thereof) or use of this Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if ESF believes that you have violated or acted inconsistently with the letter or spirit of this User Agreement. You agree that any termination of your access may be effected without prior notice, although ESF shall send electronic notice to you at the point of such termination, and you acknowledge and agree that ESF may immediately deactivate or delete your account and all related information and files in your account and/or bar further access to such files or the Service. Further, you agree that neither ESF nor any agent or designee shall be liable to you or any third-party for any termination of your access to the Service.
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If you wish to make a donation to ESF through the Website or through a linked-to website operated by ESF’s payment processor for donations (a “Donation”), you may be asked to supply certain information relevant to your Donation, including without limitation your credit card number or other payment account number and your billing address. YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND HAVE THE LEGAL RIGHT TO USE ANY PAYMENT MEANS USED BY YOU TO INITIATE ANY DONATION. By submitting such information, you grant ESF or its payment processor the right to provide such information to third parties for purposes of facilitating the completion of Donations initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Donation. ESF reserves the right, at its sole discretion, to refuse or cancel any Donation for any reason. ESF or its payment processor may automatically process charges against your selected payment method on the receipt page. ESF or its payment processor will inform you if all or any portion of your Donation is canceled or if additional or different information is required to accept your Donation.
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All trademarks and service marks appearing on the Website are owned by ESF and/or its licensors, or their respective owners, including without limitation the ESF word mark and logo. Other than as expressly allowed herein, the use of such trademarks and/or service marks without the prior written consent of ESF is expressly prohibited and all rights thereto are reserved.
This Website (excluding linked sites) is controlled by ESF, which is headquartered in the State of Colorado, United States of America. It can be accessed from all 50 states in the United States, as well as from other countries around the world. As each of these places has laws that may differ from those of Colorado, by accessing this Website both you and ESF agree that the statutes and laws of the State of Colorado, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Website, or enforcement of the terms of this User Agreement. You and ESF also agree and hereby submit to the exclusive personal jurisdiction and venue of the state or federal courts located in Bentonville, Colorado, with respect to such matters. ESF makes no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. We reserve the right to limit the availability of the Website and/or the provision of any service, program, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide. Software from this Website is further subject to United States export controls. No software from this Website may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software from this site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
ESF encourages and permits text links to content on the ESF Website, eseedfund.org, provided: (a) the appearance, position and other aspects of either the link or the host website may not be such as to damage or dilute the goodwill associated with ESF’s name, service marks trademarks and/or other intellectual property and assets of ESF; (b) the appearance, position and other aspects of either the link or the host website may not create the false appearance that an entity other than ESF is associated with or sponsored by ESF; and (c) ESF reserves the right to revoke its consent to the link at any time in its sole discretion by amending this User Agreement.
In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect.
This agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto with respect to the subject matter of this agreement are expressly canceled.