- Customer License
- Accessing the Website and Account Security
- Authorized Users
- Donations/Purchases and Payment Processors
- Technical Data; License to Your Data; Communications.
- Website Ownership and Intellectual Property Rights
- Copyright Notice
- User Generated Content and Contributions
- Prohibited Uses
- Reliance on Information Posted
- International Restrictions
- Linking to the Website and Social Media Features
- Disclaimer of Warranties
- Limitation on Liability
- Governing Law, Legal Disputes and Jurisdiction
- Limitation on Time to File Claims
- Waiver and Severability
- Entire Agreement
- Contact Information
(i) a school, educational organization, or other non-profit organization that has entered into a Software License and Master Servicing Agreement with Organizing Chaos (the “License Agreement”) (referred to as “Customers”) Any individual the Customer authorized to use the website is deemed an authorized Customer End User (as the term End User is defined in the License Agreement);
(ii) an individual or business that may offer products, services, and rewards for use in a Customer’s Campaign (“Businesses”); and
(iii) an individual or corporate donor to Campaigns or purchaser of product or services related to a campaign (“Donors”).
Any Customer’s use of this Website is outlined in the License Agreement, which is hereby incorporated by reference. This Agreement shall continue between Customer and Organizing Chaos from the effective date of the License Agreement until the termination of the License Agreement. In the event of any conflicts between this Agreement and the License Agreement, the License Agreement shall control.
You will create or be provided with a username and password to access the Website. You must treat your username, password, or any other piece of information utilized as part of our security procedures as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that your logout and exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your username, password, or other personal information.
We reserve the right to withdraw or amend this Website, and any service, product, solution, or material we provide on the Website. Other than for Customers as may be expressly stated in the License Agreement, we will not be liable if for any reason all or part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to you.
Organizing Chaos provides a platform that allows you to support schools, educational organizations, and other non-profit organizations through Campaigns by making donations or purchasing products or services. You understand and acknowledge that Organizing Chaos is not a payment processor and does not collect any donations or payments for product or services purchases directly. Organizing Chaos uses the services of a third-party payment processor, Stripe, Inc. (“Payment Processor”), to process donations or payments for product or services purchases. You acknowledge and agree that the use of a Payment Processor is integral to the services provided through this Website. The Payment Processor manages the routing and processing of all required information from Donors to process donations and payments for product or services purchases including credit card and other financial information. Organizing Chaos is not affiliated with the Payment Processor and neither Organizing Chaos or the Payment Processor is an agent or employee of the other.
This Website and associated services are provided for information purposes only. Organizing Chaos is not a broker, agent, financial institution, creditor or 501(c)(3) nonprofit corporation. Donors understand and agree that any donations you make to any fundraising campaign are at your own risk. We make no representations or warranties that any donations will be used for any particular purpose and you acknowledge and agree that we shall not be held liable for the use or misuse of donations by any school or educational organization. We make no representation or warranty as to whether any portion of your donation is tax deductible and no information on this Website is intended to provide financial, legal, tax, or other professional advice. Prior to making a donation, Donors should consult your financial, legal, tax or other professional advisor as you deem appropriate.
In order for Organizing Chaos to provide the Website and associated services, you grant us a non-exclusive right and license to use, copy, distribute, and transmit information entered by you in creating and registering for a user account on the Website as well as technical information collected via the Website to the extent necessary to provide the Website and our services.
By providing your information via the Website, including while creating and registering for a user account or by making a donation, you authorize Organizing Chaos, its affiliates, and their respective employees, agents, and contractors to initiate electronic communications by email, telephone calls to numbers (including to cellular phones) that are provided through the Website or as part of the registration process on the Website, and text messages (SMS or MMS) to cellular phone numbers that are provided through the Website or as part of registering and creating a user account to provide updates or other purposes related to the Website and services provided by Organizing Chaos. Your carrier may charge for these incoming calls or messages. You consent to such communications, which may occur by use of an automatic telephone dialing system. Telephone calls may be recorded, standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages, and you agree to be responsible for all such charges. Do not submit your information if you do not consent to being contacted by telephone, text, or email.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Organizing Chaos, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You acknowledge and agree that you do not acquire any ownership rights to the Website, or any services offered through the Website, through this Agreement or by use of the Website. You acknowledge and agree that Organizing Chaos has and retains exclusive and valid ownership of all anonymized statistical information regarding use of the Website. Any unauthorized use, reproduction, modification, distribution, transmission, republication, display or performance of the Website and any component thereof is strictly prohibited.
The Organizing Chaos name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of Organizing Chaos or its affiliates or licensors. You must not use such marks without the prior written permission of Organizing Chaos. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please notify us immediately. You may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. § 512(c)(3)) to our copyright agent at email@example.com.
You may transmit or publish content through the Website. You understand and acknowledge that you, not Organizing Chaos, shall be solely responsible for such content, including its legality, reliability, accuracy, and appropriateness, and the consequences of its transmission or publication. You represent and warrant that you own and control all rights in and to any content posted by you on the Website or are licensed to use and reproduce such content on the Website.
If you make any copyrighted content available on the Website, you affirm that you have the authorization to make such content available. Further, by making any content available, you expressly agree that Organizing Chaos will have the right to block access to or remove such content for any or no reason in its sole discretion.
“Software” means Organizing Chaos’s proprietary software-as-a-service application accessible via a web based portal and any associated database structures and queries, user interfaces, system interfaces, tools, and the like, together with any and all revisions, modifications, and updates thereof, all as are supplied or made available by Organizing Chaos pursuant to this Agreement associated with a Campaign or any services provided to a Customer pursuant to the terms of the License Agreement.
“Customer Data” means any of a Customer’s documents, electronic files, photographs, or other information entered into the Software by or on your behalf as such data is maintained on the Software.
“Customer Marks” means any trademark or service mark, whether or not registered, that a Customer supplies to Organizing Chaos for use in providing services under a License Agreement or this Agreement.
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, ay laws regarding the export of data or software to and from the United States or other countries), or promote any illegal activity, or advocate, promote or assist any unlawful act.
• To transmit, or procure the sending of, any advertising or promotional material, including any “spam” or any other similar solicitation or post any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• To impersonate or attempt to impersonate Organizing Chaos, an Organizing Chaos employee, another user or any other person or entity (including, without limitation, by using email addresses identifying information associated with any of the foregoing).
• To make any representations that are likely to deceive any person or give any impression that materials or content emanate from or are endorsed by us or any other person or entity, if this is not the case.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Organizing Chaos or users of the Website or expose them to liability.
• To infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• For competitive research or to send or post commercial communications.
Additionally, you agree not to:
• Directly, indirectly, alone, or with another party, (i) copy, download, disassemble, reverse engineer, or decompile the Software or otherwise attempt to discover the source code or underlying ideas or algorithms of the Software; (ii) modify, create derivative works based upon, or translate the Software; (iii) transfer or otherwise grant any rights in the Software in any form to any other party, nor shall you attempt to do any of the foregoing or cause or permit any third party to do or attempt to do any of the foregoing, except as expressly permitted hereunder.
• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs, keystroke logger, or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to or associated with the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Screen scrape, monitor, mine, copy, or mirror the Website.
• Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the Website without our express written consent.
• Otherwise attempt to interfere with the proper working of the Website.
The information presented on or through the Website is made available solely for general information purposes. The content on the Website may be updated from time to time. It may not necessarily be complete or up-to-date at any given time. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Organizing Chaos, are solely the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
The owner of this Website is based in the state of Alabama in the United States. We make no claims that the Website or any of its content or services is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You may link to the Website’s homepage provided you do so in a way that is fair and legal, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
THE WEBSITE, CONTENT, AND ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE, THE CONTENT, AND ALL MATERIALS, YOUR USE OF THE WEBSITE, THE CONTENT, OR MATERIALS OBTAINED THROUGH THEM IS AT YOUR OWN RISK.
OTHER THAN AS EXPRESSLY PROVIDED TO CUSTOMERS IN THE LICENSE AGREEMENT, WE DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND (EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE) WITH RESPECT TO THE WEBSITE, THE CONTENT, OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM, OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE NEITHER US OR NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR THE CONTENT.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR WEBSITE FOR ANY RECONSTRUCTION OF LOST DATA.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR DUE TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY SITE LINKED TO IT.
THE INFORMATION PRESENTED ON OR THROUGH THE WEBSITE IS MADE AVAILABLE SOLELY FOR INFORMATIONAL PURPOSES. WE USE REASONABLE EFFORTS TO UPDATE THE INFORMATION ON THE WEBSITE, AND THE CONTENTS OF THE WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. ORGANIZING CHAOS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION (INCLUDING ANY PRODUCT, SERVICE, DESCRIPTION, PHOTOGRAPH, FUNDRAISING CAMPAIGN, OR OTHER INFORMATION). ANY RELIANCE PLACED ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. ORGANIZING CHAOS DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER USER OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW OR ANY WARRANTY PROVIDED TO CUSTOMERS UNDER THE TERMS OF THE LICENSE AGREEMENT.
IN NO EVENT WILL ORGANIZING CHAOS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, INCREASED COSTS, DIMINUTION IN VALUE, LOSS OF USE, LOSS OF GOODWILL OR REPUTATION, USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY, WHETHER IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, MISREPRESENTATIONS OR UNDER NAY OTHER LEGAL THEORY, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY CONTENT ON THE WEBSITE, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES.
EXCEPT FOR CUSTOMERS, OUR MAXIMUM TOTAL LIABILITY FOR ANY REASON AND UPON ANY CAUSE OF ACTION OR EQUITABLE THEORY INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). WITH RESPECT TO CUSTOMERS, OUR MAXIMUM TOTAL LIABILITY SHALL BE LIMITED TO ALL FEES PAID TO US BY THE CUSTOMER UNDER THE LICENSE AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY.
All disputes and controversies of every kind and nature between the parties that are not resolved by mediation, shall be resolved, by confidential binding arbitration. The arbitration shall be administered by the American Arbitration Association (“AAA”) and conducted in English in Birmingham, Alabama, in accordance with AAA International Arbitration Rules. In the event of any conflict between this Agreement and such rules, the provisions of this Agreement shall govern. Upon written notice by the claimant party to the other party of such claimant’s intention to arbitrate, the parties shall select one arbitrator within ten (10) days of such notice If an arbitrator is not appointed within such time limit, then such arbitrator shall be appointed by the AAA. The decision of the arbitrator must contain written reasons, and shall be final and incontestably binding upon the parties and not subject to any rights of appeal. Judgment upon any award may be entered in any competent court. The parties shall equally split and pay all fees and expenses of the arbitrator. All awards made pursuant to any arbitration proceeding conducted hereunder shall be in U.S. dollars, and if an award is made to any claimant which is greater than any amount offered in writing by the opposing party in settlement of such claim or if the opposing party has made no offer of settlement, then the opposing party shall pay all of such claimant’s costs and expenses incurred in such arbitration, including reasonable attorneys’ fees, as well as all costs of arbitration, including all AAA fees and charges and the fees and expenses of the arbitrator. If no award is made to claimant or the amount of such award is equal to or less than any such amount offered in settlement, then the claimant shall pay the opposing party’s costs and expenses incurred in such arbitration, including reasonable attorneys’ fees, as well as all such costs of arbitration.
Either party may, without inconsistency with this agreement to arbitrate, seek from a court any provisional remedy that may be necessary to protect confidential information, intellectual property, or other rights or property pending the establishment of the arbitral tribunal or its determination of the merits of the controversy. The parties agree that the arbitrator has the power to award all costs of the arbitration, including reasonable attorneys’ fees and expenses, to the prevailing party. The Federal Arbitration Act, as amended shall apply to this provision.
The official language of this Agreement is English. You accept and approve the English version of this Agreement as controlling in any dispute among the parties arising from or related to the Agreement. All correspondence, communications, agreements, and requests with Organizing Chaos shall be in English.
You may terminate this Agreement at any time by discontinuing your use of the Website and providing us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use the Website, or any portion of the Website, and to block or prevent your future access to and use of the Website or any portion of the Website.
All feedback, comments, request for technical support, and other communications relating to the Website should be directed to firstname.lastname@example.org.