These Terms of Service (the “Terms of Service”) apply to Targeted Victory’s Fundraising Platform, which clients can log into to see and export their fundraising data (“Services”) and any data, information, services, features, content, applications, software programming, and interfaces provided through the Platform (the “Platform”). Your access to and use of the Platform is subject to these Terms of Service, as well as all applicable laws and regulations.
Please read these Terms of Service carefully. By accepting a Platform user name and password, by creating an account and/or by using the Platform or underlying Services, you are accepting and agreeing to these Terms of Service provided by Targeted Victory and/or any of its subsidiaries and affiliates (“Targeted Victory”). If you are not willing to be bound by these Terms of Service, do not use the Platform and do not login. Your access to and use of the Platform constitutes your acceptance of and agreement to abide by each of these Terms of Service. These Terms of Service may be changed, modified, supplemented or updated by Targeted Victory from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Terms of Service if you continue to use the Platform after such changes are posted.
In order to use the Platform you are required to be a registered user and create an account (“Account”) the sole purpose of which is to provide you with reporting information regarding your fundraising efforts.
You must receive an invitation via email before creating an Account and accessing the Platform. Once you receive an invitation, you can create an Account by either signing in with Google or providing an email address and creating a password.
By becoming a registered user (each a “Registered User”), you represent, warrant and covenant that during the registration process you provided accurate, truthful, and complete information, including, but not limited to your name, the name of the agency, advertiser, or publisher you represent (the “Company”) and your e-mail address. We may require you to sign additional agreements or forms in order to become a Registered User. You may not share your Account or the contents thereof with any third party, or permit any third party to use your Account, except as otherwise set forth in these Terms of Service.
2. Registration on Behalf of a Company
If you are registering on behalf of your Company, you represent that you are authorized to enter into, and bind the entity to, these Terms of Service and register for use of the Platform. You are solely responsible for ensuring that your adherence to these Terms of Service are in compliance with all laws, rules, and regulations applicable to you. We reserve the right to revoke access to the Platform where these Terms of Service or use of the Platform is prohibited.
You are solely responsible and liable for activity that occurs by using your Email and/or Account and shall be responsible for maintaining the confidentiality of your Password. You will immediately notify Targeted Victory in writing of any change in authorization, any unauthorized use of your Account or User Name, or other account related security breach of which you are aware.
4. Limited Rights.
Upon becoming a Registered User, Targeted Victory grants you, and you accept, a non-exclusive, non-transferable (except as expressly provided herein) and limited right to access and use the Platform for the sole purpose of using the Platform and Services. You may exercise the right granted in this Section through your own Account. Except as expressly permitted by these Terms of Service, you may not, directly or indirectly or through any other person or entity, use, rent, lease, sell, transfer (by sublicense, assignment or otherwise), time share, modify, reproduce, copy, make derivative works from, distribute, publish, use to provide service bureau services, or publicly display the Platform. You may not reverse engineer, decompile, or otherwise attempt to discover the source code for the Platform. You may use the Services and Platform only for the purposes contemplated hereunder. All rights not specifically granted hereunder are reserved to Targeted Victory.
5. Ownership of Platform; Use of Data.
Except as expressly provided herein, Targeted Victory shall have the sole and exclusive ownership of all right, title and interest in and to the Platform, any enhancements thereto, any documentary or other materials regarding its use, and any data provided to you by Targeted Victory in whatever form or media. As between Targeted Victory and you, Targeted Victory or its licensors shall remain the sole and exclusive owner of all right, title, and interest in and to the Platform including, without limitation, any patents, patent applications, trademarks (whether registered or not), trade names and copyrights.
Targeted Victory retains ownership of all data generated by its provision of Services through the Platform. Targeted Victory may utilize such data in an aggregated and/or de-identified manner for its commercial benefit, including but not limited to, sharing such aggregated and/or de-identified data with third parties. To the extent by operation of law or otherwise Targeted Victory does not own such data, by utilizing the Platform you provide Targeted Victory with an unrestricted license to do so.
6. Privacy Matters
The Platform, other content provided through the Platform, and all technology, software, materials, data, or images provided or used by or on behalf of Targeted Victory or its licensors in connection with the Platform (collectively the “Platform Offerings”) are provided “as is” and on an “as available” basis. Except as expressly set forth herein, Targeted Victory makes no other representation or warranty of any kind, whether express, implied, statutory, or otherwise with respect to the Platform Offerings. Except to the extent prohibited by applicable law, Targeted Victory disclaims all implied warranties with respect to the Platform Offerings, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, and quiet enjoyment, and any warranties arising out of any course of dealing, performance, or trade usage. Targeted Victory will not be held responsible for (a) any errors, inaccuracies, or service interruptions, including power outages or system failures; or (b) any unauthorized access to, use of, or alteration of, or deletion, destruction, damage, or loss of, Company’s Advertisement or any data, images, text, or other information or content. Targeted Victory may pause your Advertisement at any time if it believes you are in breach of these Terms of Service. Targeted Victory may discontinue any aspect of the Platform or any Platform Offering, or may change the nature, features, functions, scope, or operation of the platform or any platform offering, at any time. Targeted Victory also does not warrant in any way that the Platform or the Platform Offerings will be provided in an uninterrupted manner or that the related content will be error-free or free of harmful components. In addition, Targeted Victory does not warrant that the Platform will meet your requirements and expectations or that you will achieve any particular result from using the Platform. Campaigns can take up to 72 business hours to activate, so please take that into consideration when choosing the start date for your campaign. Targeted Victory will not be held responsible for any delay in the activation of your campaign.
8. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TARGETED VICTORY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION ANY LOST OPPORTUNITY OR PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL OR ANY OTHER INTANGIBLE BENEFIT, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT TARGETED VICTORY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL TARGETED VICTORY’S LIABILITY EXCEED THE TOTAL AMOUNT PAID TO TARGETED VICTORY BY YOU FOR SERVICES DURING THE PRECEDING SIX (6) MONTHS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Should any term of these Terms of Service be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
10. Governing Law; Venue; Arbitration; Class Action Waiver
You agree that any dispute or claim arising out of the Platform or these Terms shall be settled by binding arbitration in Fairfax County, Virginia under the American Arbitration Association Rules. The proceedings shall be conducted and all evidence shall be offered in the English language. Regardless of any law to the contrary, any claim against us must be filed within one year of the time such claim arose, otherwise such claim will be barred forever. We agree that regardless of any law to the contrary, that the arbitrator shall have no authority to award, punitive or exemplary damages against any party to this agreement.
Notwithstanding the above, we may apply to any court of competent jurisdiction for a temporary restraining order or other interim relief, as necessary without breach of this agreement and without abridgment of the powers of the arbitrator.
These Terms and the Platform shall be governed by the laws of the Commonwealth of Virginia, without regard to conflicts of laws provisions and such law shall be applied by the arbitrator to the merits of any dispute or claim. For any non-arbitral action or proceeding arising out of or related to the Platform or these Terms, sole and exclusive jurisdiction shall reside with the appropriate state court located in Fairfax County, Virginia or federal court located in Alexandria, Virginia.
The Platform is and remains a U.S. offering and all use of the information collected is and shall remain subject to U.S. law and practice. International users must take this into account and should consult their local laws and independently determine whether participation is desired given these facts.
11. Additional Terms and Conditions
Some Services offered through the Platform may be subject to additional terms and conditions specified by Targeted Victory from time to time.
Questions & Contact Information
Please contact us if you have questions about our Terms of Service at: firstname.lastname@example.org
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