Last updated October 11, 2012
Your use of the Services requires your input of a Username which was supplied to you by the organization with which you are affiliated and which is a party to a Services Agreement with us (the “Organization”). You represent and warrant to us that you are rightfully entitled to use the Username you have used to access Give and you are entitled to use Give on behalf of the Organization. Your use of the Services and Give is governed by the Services Agreement to which the Organization is a party and you agree to be bound thereby and adhere to the terms and conditions thereof. You will use Give and the Services only as authorized by the Organization.
You agree not to use the Services or Give for any illegal or unlawful purpose or in any illegal or unlawful manner. You agree not to use or export the Services except as authorized by the laws of the United States and the laws of the jurisdiction in which the Services were obtained. You will indemnify, defend and hold harmless Billhighway from and against, any claim, loss, cost or damage incurred by Billhighway relating to, or arising out of, your use of the Services or Give in any manner which is, or may be alleged to be, illegal, unlawful or harmful to others.
You may be able to tailor specific portions of Give by supplying imagery and content to reflect your or the Organization’s branding. You represent and warrant that no such imagery or content and no use of such imagery or content in connection with the Services will violate any intellectual property or other rights of any third parties. You will indemnify, defend and hold harmless Billhighway from and against, any claim, loss, cost or damage incurred by Billhighway relating to, or arising out of, any such supplied imagery or content.
This Agreement will be governed by and construed in accordance with the laws of the State of Michigan without reference to its rules of conflicts of law. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in Oakland County, Michigan.
This Agreement is between you and us only and neither Apple, Inc. nor any other person is a party to this agreement or responsible for its contents or performance.
You represent and warrant that you are not located in a country that is subject to a U.S. government embargo or which has been designated as a “terrorist supporting” country; and you are not listed on any U.S. government list of prohibited or restricted parties.
Any questions, complaints or claims with respect to the Services should be directed to us at the following phone number or e-mail address:
- Phone: 866-245-5499
- E-mail: [email protected]
You herby agree to and knowledge the following:
You are hereby granted a limited, non-transferrable license to use the Services solely in accordance with this Agreement and the Services Agreement to which the Organization is a party. All rights not expressly licensed to you are reserved to us. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the software application included in the Services, any updates, or any part thereof (except as, an only to the extent, any foregoing restriction is prohibited by applicable law).
Your right to use the Services may be terminated at any time upon notice given by us.
The Services may be used upon only upon devices owned or controlled by you as permitted by the App Store Terms of Service. Neither Apple nor any other person is responsible for providing any maintenance, support or other services in connection with the Services.
Except as expressly provided in the Billhighway Standard Terms and Conditions which can be found at http://billhighway.wpengine.com/mobile-fundraising-terms-conditions/, no warranty is given with respect to the Services and all implied warranties are hereby expressly disclaimed. Without limiting the foregoing, in the event any warranty is not effectively disclaimed, you may notify Apple, Inc. of any failure of the application included in the Services to conform to an applicable warranty and Apple will refund to you the purchase price for such application and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Services. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
We and you, and not Apple, are responsible for addressing any claims by you or any third party relating to the Services including but not limited to: (i) product liability claims, (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the application included in the Services or your possession and use of such application infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof.