1. SCOPE OF SERVICES
Fundraising By Net (FBN) makes information available on this site, myelectionmall.com and campaigncloudos.com and affiliate sites, subject to the following terms and conditions and all applicable laws. By accessing and using this site, you accept the following terms and conditions, without limitation or qualification. By using this site you may also subject yourself to the terms and services of MyELeader (MEL) and all other affiliated sites. FBN reserves the right to change these terms and conditions at any time without notice. To see all legal disclaimers, licensing agreements and other legal polices that users may be subject to visit electionmall.com
FBN is web based software that allows for a secure method of donating money online – aka www.donationpages.com Users give EXPRESS permission to make the administrators of FBN and affiliate sites an agent of the campaign and give Express permission to allow FBN and affiliate sites process donations on behalf of the campaign. MEL and all its other affiliated names is an additional program that helps advocates raise money online powered by FBN software. The use of FBN and MEL allows users to use sophisticated email fundraising tools. FBN and MEL also provide Website visitors who have created personal Web pages, email fundraising tools, and other tools. These tools provide convenient ways to communicate with friends and family on a personal level. Both programs are meant solely for the purposes of collecting donations and no other purpose.
2. FBN & MEL PLATFORM APPLICATIONS
The FBN and MEL Platform uses a set of APIs, which is made up of standard or upgradable options and services provided by third party vendors to send emails, manage compliance issues, send cards, and other such tasks. These third party vendors can create these applications in accordance with the terms and conditions set forth in a license agreement entered into between FBN with its supplier of technology and the third party vendor. These agreements with certain third party developers have their own terms of service and any and all problems with these applications are not the responsibility of FBN. ALL USE OF FBN AND MEL PLATFORMS ARE PROVIDED "AS IS" AND AT YOUR OWN RISK.
4. APPLICATION OF TERMS
It is the duty of the user to make sure they comply with all applicable federal, state and local laws. In no way is the licensor of FBN or MEL liable for any disclaimers or damages. These terms also apply to the Licensor of Technology.
5. USER PERSONAL GUARANTEE
Users acknowledges that by using this software they shall be responsible for any and all chargebacks as well as fines, assessments, and fees related to or arising out of such chargebacks, and will pay FBN upon demand.
User further acknowledges that FBN may assess a ‘chargeback fee’ for each chargeback arising from the activities of user, or any other charges as may be established by user from time to time. The liability of user shall not be affected by any settlement, modification, release, waiver, discharge or variation of terms of any obligation of user or any other person or by any failure of FBN to exercise or enforce any of its rights against user. User hereby waives notice of acceptance of guarantee, notice of demand, prosecution of collection, all exemption and homestead laws and all setoffs and counterclaims.
The User waives any right to require FBN to proceed against other persons or entity. This is a guarantee of payment and not of collection. This is a continuing guarantee and shall remain in effect until one hundred-eighty (180) days after receipt by FBN of written notice by user terminating or modifying the same. The termination of the Agreement or this guarantee shall not release user from liability with respect to any obligations incurred prior to the effective date of termination. No termination of this guarantee shall be effected by the dissolution of user, by any change in legal status of user or any change in the relationship between FBN and user. The legal organization (campaign, party, etc.) is liable sfor all chargebacks and associated fees when a chargeback is filed by a donor or refund request filed by a donor.
The Personal Guarantee allows FBN to have a contact that is associated with the campaign, party, etc. This person does take responsibility for any debt incurred if a chargeback is resolved in favor of the donor by the credit card agency.
FBN does not provide refunds under normal circumstances. If a donor has a duplicate transaction, donated the incorrect amount as intended, or intended the funds to go to a different campaign, party, etc, refunds may be issued. If a donor, campaign, party, etc contacts DonationPages on the same day as the transaction occurred, the transaction maybe voided. If a donor, campaign, party, etc contacts DonationPages after the same day window and has funds in their DonationPages account, the funds will be deducted from the future payments to the party, campaign, etc. The refund will be listed under the chargeback protection module in your Donation Page. A chargeback occurs when a donor does not recognize a charge on his or her credit card statement. The donors contact the corresponding credit card company to inform the credit card company he or she did not authorize or recognize a charge. MasterCard, Visa, and Discover usually allow charge backs to occur up to 3 months but can be longer due to the specific type of card. American Express up to 6 months but is dependent on the specific American Express card. However, with risk analysis involved, there is an estimated time period of 1-3 months that charge backs are commonly filed by donors. FBN strongly recommends communicating a donor immediately after the campaign has received the chargeback notification. Donors can terminate a chargeback but it is at his or her digression.
If a chargeback does occur, the campaign is liable to pay all fees associated with the campaign. The campaign, party, etc, not paying any and all fee will be classified as a loan with is illegal for the campaign. In order to have a loan to the campaign not occur, all fees must be remitted to
Fundraising By Net, LLC
1101 Pennsylvania Ave, NW
Washington, DC 20004
Invoices are not provided since this is not considered a product or service purchased. For documentation or reporting purposes a chargeback will be recorded in your reporting module under chargeback protection. If further documentation is necessary- a written letter of request must be faxed or emailed to firstname.lastname@example.org and the charge. FBN does not challenge all dispute both before and after a campaign or event has occurred. During this process DonationPages notifies the campaign via email, the donor via email, and update your chargeback protection module. If the campaign is over, DonationPages will notify the guarantor to the campaign.
6. REGISTRATION DATA AND ACCOUNT SECURITY
In consideration of your use of this site and its services, you agree to
(a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the site (registration data).
(b) maintain the security of your password and identification.
(c) maintain and promptly update registration data, and any other information you provide to FBN, to keep it accurate, current, and complete and
(d) be fully responsible for all use of your account and for any actions that take place using your account.
7. CONTENT USAGE RULES
A. General Content Submissions: Text, graphics, data, and other content posted by users on FBN and MEL are the sole responsibility of those users. This means that
(1) FBN does not control and is not responsible for the accuracy, integrity, or quality of user-created content, and
(2) users, and not FBN and MEL, are entirely responsible for all content posted or otherwise made available via FBN and MEL.
FBN reserves the right to remove or edit user-created content, but is under no obligation to do so on a regular basis. The use of any robots, data mining, or similar data gathering or extraction methods are strictly prohibited and will terminate your ability to access sites.
Content posted by users otherwise made available via FBN and MEL may not be illegal, obscene, threatening, defamatory, or otherwise injurious to third parties. You may not impersonate any person or entity, or otherwise mislead as to the origin of your content. You may not make use of FBN and MEL websites or services to forge e-mail headers, or send bulk unsolicited e-mail messages ("Spam").
B. Personalized Web Pages: FBN and MEL enable its users to allow their supporters to create personalized individualized social networking sites. FBN and MEL also enable users to allow supporters to create content, including but not limited to emails that bring visitors to these personalized supporter pages.
By going to personal supporter pages you are agreeing to let FBN and MEL collect information about your session visits and also provide it to our customers for aggregate statistical analysis. When a visitor provides personal information on a supporter’s page, we make this information available only to the user associated with the pages.
C. User-Contributed Content: Text, graphics, data, and other content posted by users of FBN or MEL are the sole responsibility of those users. This means that
(1) FBN or MEL does not control and is not responsible for the accuracy, integrity, or quality of user-created content, and
(2) you, and not FBN and MEL, are entirely responsible for all content you post or otherwise make available via FBN and MEL.
FBN and MEL reserve the right to remove or edit user-created content, but shall not be obligated to do so any regular basis. The content you post or otherwise make available via FBN and MEL may not be illegal, obscene, threatening, defamatory, or otherwise injurious to third parties. You may not impersonate any person or entity, or otherwise mislead as to the origin of your content.
D. Creating Greetings, Photos, Videos, and Images: FBN and MEL may allow you to create your own greetings by uploading your own photos, artwork or other materials. When uploading your own photos, videos, or images, you are subject to the conditions outlined in these terms. When you upload photos and/or images to the site you are indicating that you own the photo and/or image and/or have full rights to its use.
When users upload material to the site and use it to create a greeting, your material will be used for the transmission of your digital greeting however, we may also use such material in the course of performing testing, training, or archiving of our own and our affiliates' systems and hereby expressly reserve the right to do so. Any digital images must be configured to a certain quality standard and that is the sole responsibility of the user and not FBN.
8. USER CONDUCT
In addition to the above terms of submitting user-created content, users may not use this or affiliated sites to do the following:
A. Use the site in any unlawful manner or in any other manner that could damage, disable, overburden or impair FBN or MEL sites.
B. Use automated scripts to collect information from or otherwise interact with FBN and MEL.
C. Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, racial, or otherwise objectionable.
D. Upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that:
(i) are of you or your friends
(ii) are taken by you or your friends, or
(ii) are original art or animation created by you or your friends.
E. Register for a user account on behalf of an individual other than yourself.
F. Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or affiliation with any person or entity.
G. Upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or other forms of solicitation.
H. Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including but not limited to, addresses, phone numbers, email addresses, social security numbers, and credit card numbers.
I. Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes.
J. Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
K. Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
L. Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of FBN, is objectionable or which restricts or inhibits any other person from using or enjoying the site, or which may expose FBN or its users to any harm or liability.
9. CONTESTS AND REWARDS
From time to time, FBN and MEL, or users of such systems, may sponsor contests, rewards and sweepstakes on their FBN and MEL pages. Participation in such programs is entirely voluntary. FBN and MEL do not condition access to any goods or services it offers on participation in any contest. Fulfillment of these contest and rewards are not the responsibility of FBN or MEL.
If you elect to enter any such contest, your participation shall be governed exclusively by the contest and reward rules available through the entry forms set by the sponsor or in these Terms of Service. You agree to strictly abide by any and all contest and reward rules. Any personally identifiable information you provide in conjunction with any contest shall become the property of FBN, MEL and the sponsor and you hereby consent to receive special promotions and offers from FBN, MEL and the sponsor.
In the event that you are awarded any prizes or other consideration, you give FBN and MEL permission to use your name, likeness, portrait, recorded voice, and biographical information to advertise, publicize, or promote FBN and MEL, its products and services, and no additional consideration shall be paid for such rights.
10. COPYRIGHT POLICY
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of FBN and MEL to terminate membership privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to FBN by the copyright owner or the copyright owner's legal agent.
Further, nothing contained in this site shall be construed as conferring by implication, estoppels, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of FBN or any third party. This site and the content provided in this site, including, but not limited to, graphic images, audio, video, html code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of FBN.
Without limiting the foregoing, if you believe that your work has been copied and posted on FBN and MEL sites in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
(b) a description of the copyrighted work that you claim has been infringed.
(c) a description of where the material that you claim is infringing is located.
(d) your address, telephone number, and email address.
(e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner
FBN’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Fundraising By Net, Cardinal Law Group Copyright Agent, 1603 Orrington Ave., Suite 2000, Evanston, IL 60201. They may also be reached by phone at (847) 905-7111.
11. PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, CONFIDENTIAL INFORMATION PROTECTION
Notwithstanding any provision to the contrary herein, by virtue of this Agreement, FBN shall retain, and user shall not claim or be entitled to
(a) ownership interest or title to, any or all rights to the license and services, or any part thereof, of any techniques and ideas embedded therein, copies and derivative works by whomever produced (including all changes and improvements requested or suggested by user), and related documentation and materials, and
(b) copyrights, patent rights, logos or marks of any type, trade secret rights and other proprietary rights in the license and services.
User agrees not to copy, reproduce, reverse engineer, disassemble, decompile, customize, translate, or alter FBN and MEL, attempt to unlock or by-pass any access prevention device in FBN or MEL or have anyone else do so.
12. CAMPAIGN FINANCE LAWS AND DISCLAIMERS
Political contributions are governed by campaign finance laws. FBN and MEL make its best efforts to ensure that all contributions made on the FBN and MEL site are in accordance with all federal and state campaign laws, this is not meant to be legal advice. Users have the final responsibility for ensuring compliance.
FBN has no way of knowing how much money has been contributed to campaigns through different avenues and it is the responsibility of the user not to exceed the contribution limits. Additionally, there may be disclaimer requirements for some political messaging and it is the responsibility of the campaign to comply with these requirements.
13. REFUND POLICY
FBN and MEL follow contributors' instructions in accordance with Federal and State laws, and disburse funds on a regular basis to campaigns and committees. If you identify an error within five (5) days of making your contribution, please contact us immediately. If we have not yet disbursed funds, we will reverse the contribution. If the funds have already been disbursed, you should contact the recipient(s) of your contribution(s) directly.
THIS SITE IS PROVIDED BY FBN ON AN "AS IS" AND "AS AVAILABLE" BASIS. FBN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WHETHER BASED UPON THE NATURE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, AS TO THE OPERATION OF THIS SITE, OR THE ACCURACY, TIMELINESS, OR COMPLETENESS OF INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND ANY INFORMATION CONTAINED HEREIN IS AT YOUR SOLE RISK. FBN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
LINKS ON THIS SITE MAY LEAD TO SERVICES OR SITES NOT OPERATED BY FBN. NO JUDGMENT OR WARRANTY IS MADE WITH RESPECT TO SUCH OTHER SERVICES OR SITES AND FBN TAKES NO RESPONSIBILITY FOR SUCH OTHER SITES OR SERVICES. A LINK TO ANOTHER SITE OR SERVICE IS NOT AN ENDORSEMENT OF THAT SITE OR SERVICE. ANY USE YOU MAKE OF THE INFORMATION PROVIDED ON THIS SITE, OR ANY SITE OR SERVICE LINKED TO BY THIS SITE, IS AT YOUR OWN RISK.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
15. LIMITATION OF LIABILITY AND DAMAGES
NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, FBN’S LIABILITY TO USERS FOR ANY MATTER RELATING TO THIS AGREEMENT IS LIMITED TO THE AMOUNT ACTUALLY PAID TO FBN. IN NO EVENT SHALL FBN BE LIABLE FOR ANY LOSS OF USE, LOSS OR INACCURACY OF DATA, LOST PROFITS, INTERRUPTION OF BUSINESS OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF FBN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM A USER’S RELIANCE ON INFORMATION OR ADVICE PROVIDED IN CONNECTION WITH THIS SITE OR BY THIRD PARTIES.
FBN will not be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, lost profits, business interruption, loss of programs or data) without regard to the form of action and whether in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with this site, any content on or accessed through this site or any site service linked to, or any copying, displaying, or use thereof.
You will indemnify FBN and MEL or its affiliates for all claims resulting from content you supply. Further, users agree to defend, indemnify and hold FBN and MEL, its parent, officers, directors, employees, and Licensor of Technology harmless from any claim or demand (including attorney’s fees) made or incurred by any third party due to or arising out your breach of these terms and/or occurring from unauthorized or unlawful use of this site.
17. ENTIRE AGREEMENT
It is expressly agreed that this Agreement supersedes all prior or contemporaneous Agreements or representations, written or oral, regarding FBN and MEL. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective. This Agreement may not be modified and the rights and restrictions may not be altered or waived.
Each of the provisions of this Terms of Service shall be enforced independently of any other provision, claim, or cause of action. If any provision of this Terms of Service shall be held invalid, illegal, or unenforceable in any jurisdiction, it shall not render this entire Terms of Service unenforceable, but rather this Terms of Service shall be equitably modified, if possible, to most reasonably effectuate the intention thereof, and the invalid or unenforceable provision shall be severed and the remaining provisions of the Terms of Service shall continue to be binding upon the Parties.
19. GOVERNING LAW AND FORUM
If you attempt to bring any legal proceedings against FBN you specifically acknowledge that FBN is free to choose the jurisdiction of our preference as to where such action against us may be held. As you have agreed by using this site to choose the laws of the State of Illinois to govern any such proceedings, we will probably choose to defend any such action in Illinois and we can make this decision entirely as it suits us, without regard to where in the world you are located, or from where in the world you visited this site.
Users are responsible for complying with the laws of the jurisdiction from which they are accessing this site and you agree that you will not access or use the information on this site in violation of such laws.
No FBN employee or agent has authority to vary any of FBN’s polices or the terms and conditions governing any sale.
20. RESOLUTION OF DISPUTES
If a dispute arises between you and FBN, our goal is to learn about and address your concerns. If we are unable to do so to your satisfaction, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly.
Disputes between you and FBN regarding our services may be reported to Customer Service at 1-888-932-2946. If you are unable to resolve your issue by working directly with us, FBN will consider reasonable requests to resolve disputes through alternative dispute resolution procedures, such as mediation or binding arbitration as alternatives to litigation. Accordingly, you and FBN agree to resolve any claim in accordance with this Agreement, or as otherwise agreed to in writing.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $100,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties.
The ADR provider and the parties must comply with the following rules:
(a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner being chosen by the party initiating the arbitration.
(b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
All claims you bring against FBN or its Licensor of Technology must be resolved in accordance with the terms of this section. All claims filed or brought contrary to section shall be considered improperly filed and a breach of this Agreement and Terms. Should you file a claim contrary to this section, FBN or its Licensor of Technology may recover attorney's fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD, provided that FBN or its Licensor of Technology has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
In the event of a breach by user of its material obligations under these terms, FBN may immediately cease to provide services to customer. If you have a situation in which you feel you may be conflicting with the license agreement, please contact us by visiting www.electionmall.com and completing the email form. Each situation will be met on a case-by-case basis.
22. OTHER TERMS AND CONDITIONS
FBN reserves the right to change the terms and conditions of sale at any time. Users are encouraged to review the terms and conditions on a periodic basis for modifications. Your use of this site is conditioned upon your prior acceptance of the terms of this Agreement.
FBN may provide users with certain software for use in connection with its services. All such software is the property of FBN or its licensors. All intellectual property, including joint efforts created on behalf of users, is the property of FBN and its licensors. Further, unless otherwise stated, the contents of this site including, but not limited to, the text and images contained herein and their arrangement are the property of FBN. All trademarks used or referred to in this website are the property of their respective owners.
Users may not otherwise copy, export, or reverse engineer data or software. Data gathering and extraction tools are strictly prohibited from being used and will terminate your ability to access this and affiliated sites. In addition, users will not attempt to, encourage, or assist any other person to, circumvent or modify any software required for use. Any burning or exporting capabilities are solely an accommodation for users and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners of any content.
Users of this site may not use software or services directly from FBN’s vendors or licensors. Any such use will make user liable for damages including, but not limited to, lost profits, business interruption, lost wages, and loss of programs and data.
23. ASSISTANCE WITH ORDERS
For assistance with billing questions or other order inquiries, please refer to our online support page by clicking here www.fundraisingbynet.com. If you cannot find the answers you are seeking in our robust knowledge base, you can send us an email by visiting www.fundraisingbynet.com and completing the email form or you may call us toll free at 1-888-932-2946. Responses to emails will be provided as soon as possible.