TERMS AND CONDITIONS

 

Date of last Update: May 1, 2020

 

1. Introduction

1.1 These Terms and Conditions (“Terms”) shall be binding on all those persons who visit, view, access, browse, surf, make donations or use (collectively the “Use”) our website www.purplepansies.org including its sub-domains, website pages, hyperlinks and mobile optimized version, if any (“Website”). The Website is operated by Purple Pansies, Inc., a non-profit organization existing under the laws of the State of Georgia, having Tax ID No. 81-2691997 and its registered address at 1595 Peachtree Parkway, STE 204-360, Cumming GA 30041 (hereinafter referred to as the “ Organization”, “we,” “us ” or “our”). Any ancillary terms, guidelines, the Privacy Policy and other documents made available by the Website from time to time and as incorporated herein by reference shall be deemed to be an integral part of the Terms.

1.2 The Terms constitute a legally binding agreement between you as the visitor, viewer, accessor, browser, surfer, donor or user of the Website (hereinafter referred to as “you”, “your” or “User”) and the Organization concerning your Use of the Website.

2. Acceptance of the Terms

2.1 Each time by Using the Website or submitting any content or material therein you agree to abide by the Terms, as amended from time to time with or without your notice.

2.2 The Organization reserves the right to modify or discontinue, temporarily or permanently, and at any time, the Website (or any part thereof) with or without notice.

2.3 The Organization may modify the Terms from time to time and any change to the Terms will be reflected on the Website with the updated version of the Terms and you agree to be bound to any changes to the Terms when you Use the Website. The Organization may also, in its sole and absolute discretion, choose to alert via email all such Users whose information is available with the Organization about such modifications.

2.4 There may be information on the Website that may contain typographical errors, inaccuracies or omissions and the Organization reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

2.5 When you upload, submit or enter any information or material in the Website, you shall be deemed to have agreed and understood the Terms.

3. Purpose of Website

The purpose of the Website is to describe the Organization’s non-profit mission, seek volunteers therefor, post various charitable events, stories and request donations from the general public which the public can make through Network for Good, Stripe, PayPal, Checks, Credit/Debit Cards or Cash. In order to pursue its mission, the Organization carries out various activities including website, social media and silent auctions, live auctions, ticket sales to gala, donations to a guest appreciation event and gala, and similar activities.

The collections which are received by the Organization through the Website are donated to organizations involved in research for pancreatic cancer and to families of individuals suffering from pancreatic cancer and are in monetary need.

The Organization is a registered charitable organization. Taxes are filed each year and for transparency purposes the Organization makes available its bank statements for review. Further, all the Organization’s expenses are recorded on spreadsheets and all these are handled by the Organization’s accountant.

4. Website Availability

4.1 The Organization shall use reasonable efforts to keep the Website up and running 24 hours a day, seven days a week; however, the Organization may carry out scheduled and unscheduled maintenance work as may be necessary from time to time and such maintenance work may impact the availability of the Website.

 

5. Making Donations

5.1 In order to use the Website or to make donations, you may be required to provide certain personal information about you such as name, phone number, email address, username, payment gateway details such as credit/debit card etc. and other personal information as may be required.

6. Electronic Signature Consent

6.1 You agree that your “Electronic Signature” to the Terms is the legal equivalent of your manual signature for the Terms thereby indicating your consent to do business electronically.

6.2 By clicking on the “Accept” button in the Website, you will be deemed to have executed the Terms electronically via your Electronic Signature with the Organization; effective on the date you first click to accept the Terms.

7. Electronic Delivery of Communications

7.1 You agree to receive communications from the Organization/Website in electronic form. Such electronic communications may include, but will not be limited to, any and all current and future notices and/or disclosures that various laws or regulations require that we provide to you as well as such other documents, statements, data, records and any other communications regarding your relationship with the Organization/Website.

7.2 You accept that the electronic documents, files and associated records are reasonable and proper notice for the purpose of any and all laws, rules, and regulations and you acknowledge and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep. The Organization reserves the right to require ink signatures on hard copy documents from the related parties, at any time.

 

8. User Responsibility

8.1 Users are solely responsible for all the activities carried out by them on the Website.

8.2 You agree:

i. not to commit infringement of any law by using the Website;

ii. not to copy any content contained in the Website for republication in print or online as the same is subject to intellectual property laws;

iii. not to create reviews or blog entries for or with any purpose or intent that does not in good faith comport with the purpose or spirit of the Website;

iv. not to attempt to gain unauthorized access to other computer systems from or through the Website;

v. not to interfere with another person’s use and enjoyment of the Website or another entity’s use and enjoyment of the Website;

vi. not to upload or transmit viruses or other harmful, disruptive or destructive files;

vii. not to disrupt, interfere with or otherwise harm or violate the security of the Website, or any services, system restores, servers or networks connected to or accessible through the Website or affiliated or linked website;

viii. not to use the Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;

ix. not to use the Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

x. not to access or use the Website using any robot, spider or other automated means;

xi. not to violate the directives set out in the robots.txt file for the Website;

xii. not to use data collected from the Website for any direct marketing activity (including without limitation e-mail marketing, SMS marketing, telemarketing and direct mailing);

xiii. not to infringe these Terms or allow, encourage or facilitate others to do the same;

xiv. not to plagiarize and/or infringe the intellectual property rights or privacy rights of any third party;

xv. not to create a link from the Website to another website or document without Organization’s prior written consent;

xvi. not to obscure or edit any copyright, trademark or other proprietary rights notice or mark appearing on the Website;

xvii. not to create copies or derivate works of the Website or any part thereof;

xviii. not to reverse engineer, decompile or extract the Website’s source code;

xix. not to remit or otherwise make or cause to deliver unsolicited advertising, e-mail spam or other chain letters;

xx. not to collect, receive, transfer or disseminate any personally identifiable information of any person without consent from title holder; and/or

xxi. not to pretend to be or misrepresent any affiliation with the Organization or any legal entity or third party.

8.3 In addition to the above clause, unless specifically endorsed or approved by the Organization, the following uses and activities of and with respect to the Website are prohibited:

i. engaging in any automated use of the Website.

ii. interfering with, disrupting or creating an undue burden on the Website or the networks connected or linked thereto;

iii. attempting to impersonate another user or person;

iv. using the username of another user;

v. selling or otherwise transferring your profile;

vi. using any information obtained from the Website in order to harass, abuse or harm another person;

vii. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;

viii. attempting to bypass any measures of the Website designed to prevent or restrict access to the Website or any portion of the Website;

ix. harassing, annoying, intimidating or threatening any of the Organization’s employees or agents engaged in relation to the Website;

x. using the Website in any manner inconsistent with any and all applicable federal and state laws and regulations;

xi. using data collected from the Website to contact individuals, companies or other persons or entities;

xii. supplying false, untrue, expired, incomplete or misleading information through the Website.

9. Ownership

9.1 The trademarks, copyright, service marks, trade names and other intellectual and proprietary notices displayed on the Website are the property of or otherwise are licensed to the Organization or its licensors or affiliates, whether acknowledged (or not) and which are protected under applicable intellectual and proprietary laws throughout the world. Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers.

9.2 Nothing herein contained shall be construed as an intent to grant you any interest in the Website in whole or in part. All content and materials included in the Website such as images, photographs, graphics, texts, forms, lists, charts, guidelines, data, logos, code, icons, videos, audio and other content are the property of, are licensed to or are otherwise duly available to the Organization, its affiliates, its licensors or to the appertaining third party copyrights holder.

9.3 You acknowledge and agree that any and all infringing use or exploitation of copyrighted content available in the Website may cause us, our affiliates, licensors or content providers irreparable injury which may not be remedied solely at law and therefore our affiliates, licensors or content providers may seek remedy for breach of the Terms, either in equity or through injunctive or other equitable relief.

 

10. Term and Termination

10.1 The term hereof shall begin on the date of your first access to the Website.

10.2 The term hereof will automatically end on the earlier date of either your: (i) access termination or access revocation for the Website; or (ii) Organization’s decision to make the Website no longer available for use, at its sole and final discretion.

11. Representation

11.1 As a User of the Website, you are liable for the accuracy of the information that you provide to us, including, but not limited to, your personal and professional representation.

 

12. Amendments

12.1 The Organization reserves the right to update, modify, change or amend the Terms and/or the Privacy Policy at any time and at its sole discretion. The Organization may change the Website’s functionalities and (any) applicable fees at any time. Any changes to the Terms will be displayed in the Website and we may notify you through the Website or by e-mail. Please refer to the date shown above for the date where effective changes were last made by us.

 

13. No Warranty

13.1 Neither the Organization, nor its affiliates, subsidiaries, officers, employees and agents warrant that the Website will be error-free, uninterrupted, secure or produce any particular results; or that any listing, information and/or content will be current and/or valid. In no event shall the Organization or its affiliates be held liable for any of the foregoing.

14. Disclaimer of Damages

14.1 To the fullest extent allowable under applicable laws, the Organization hereby expressly disclaims any and all liability of any kind with respect to the Website including any and all liability arising out of or related to any purported facts or information and description of any information, displayed on the Website, including all warranties of any kind, whether express or implied.

 

15. Generals

 

15.1 Force Majeure. The Organization will not be liable for any failure of performance of its obligations as set forth herein, where such failure arises from any cause beyond the Organization’s reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

15.2 Severability and Waiver. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect. The failure or delay of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.

16. Contact

16.1 For any inquires or complaints regarding the Website, please contact us by email at info@purplepansies.org or 1-470-509-5229.

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