Terms of Use

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Welcome to Barnraisings

Barnraisings, Inc. (“Barnraisings”) maintains this web site (the “Site” or “”Barnraisings Site”) as a service to: its visitors (“Users” or “User”), donors (“Donors”), and nonprofits who create projects (“Beneficiaries”) using Barnraisings services (“Services”) and who receive the donations.

Please review the following terms and conditions carefully. This Terms of Use Agreement (the “Terms of Use”) is a legally binding contract between each User and Barnraisings regarding User’s access to and use of the Barnraisings Site and any use by User of the Services. By accessing the Sites, the User agrees to these Terms of Use. If a User does not agree with any part of the following Terms of Use, User must not use the Sites.

1. Registration, Accounts, Passwords and Use

The Services or Barnraisings Site may require registration. Should a User choose to register for such Services, User agrees to provide accurate and current information as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. Further, User agrees to notify Barnraisings of any unauthorized use of User’s password or account. The Sites are intended for use by individuals 13 years of age or older. If you are under 18, you may use the Site only with involvement of a parent or guardian who agrees to be bound by these Terms of Use.

2. Ownership

The Barnraisings Site is the property of Barnraisings, its licensors and/or its various third party providers and distributors. The Barnraisings Site is protected by copyright, trademark and other intellectual property laws. User must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and User agrees not to alter, obscure or obliterate any of such notices. Unless otherwise set forth in these Terms of Use, none of the content or data found in the Barnraisings Site may be copied, reproduced, republished, sold, transferred, modified or distributed in any way without the prior written consent of Barnraisings, its licensors and/or its third party providers and distributors. Trademarks, logos, images and service marks displayed on the Barnraisings Site are the property of either Barnraisings or other third parties. Users agree not to display or use any Barnraisings or third party marks without prior written consent of Barnraisings or the appropriate third party licensor.

3. Privacy

For information on how User information is collected, used and disclosed by Barnraisings, please consult the Privacy Policy.

4. Change of Terms of Use

From time to time Barnraisings may revise or modify these Terms of Use by posting the revised Terms of Use through a link on the Barnraisings Site. Users will be bound by the revised Terms of Use for all subsequent uses of this Service after such modifications have been made. If User does not agree to any of the Terms of Use set forth herein, User may not use this Service.

5. User Content

The Barnraisings Site may allow User to post information, text, data, photographs, audio, video, images, graphics, logos, trademarks, service marks, and other materials (collectively “User Content”) to the Sites. User understands that all of the User Content and the consequences of such posting User Content is User’s sole responsibility and is subject to the Terms of Use and the Barnraisings Privacy Policy.

User understands that by using the Barnraisings Site, User may be exposed to User Content that may be offensive or objectionable to User. Barnraisings may, but is not obligated to, preview or review any User Content and, in its sole discretion, may block or may remove from the Sites, without notice, any User Content that violates the Terms of Use or is otherwise objectionable. However, failure to block or remove any User Content is not an endorsement, warranty, representation, or guarantee regarding such User Content.
User represents and warrants that the User Content does not infringe the copyright, trademark, publicity/privacy right or other intellectual property or proprietary right of any third party.

By posting, uploading or otherwise distributing the User Content on the Barnraisings Site, User hereby grants (and represent and warrant that User has all necessary rights to grant) to Barnraisings a perpetual, sublicenseable, transferable, world-wide, non-exclusive, royalty free, license to all User’s rights in the User Content (including moral rights) for all purposes, including but not limited to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, display, perform, or derive revenue or other remuneration from such User Content and incorporate such User Content into other works in any form, media or technology.

By providing User Content to the Barnraisings Site, User hereby permits Barnraisings to identify User as the provider of such User Content in any form, media and technology. User may revoke this license in regard to the right to display the User Content by removing the User Content from the Barnraisings Site.

User agrees that Barnraisings has no liability or responsibility for the storage or deletion of any User Content that User submits or posts through the Sites.

6. Rules and Conduct

Any information; ideas or opinions posted by Users of the Service or Barnraisings Site does not necessarily reflect Barnraisings’s views. Barnraisings does not assume responsibility for the accuracy of any information, ideas or opinions posted by Users and are not liable for any claims, damages or losses resulting from such information, ideas or opinions. When posting any information, materials or content User agrees that User will not:

  • Harass, defame, intimidate or threaten another user;
  • Interfere with another user’s rights to privacy;
  • Post any material that is defamatory (i.e., disparaging to the reputation of an individual or business);
  • Post any material that is obscene, offensive or indecent;
  • Post any trademarks, logos, copyrighted material or other intellectual property without the authorization of the owner;
  • Operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise;
  • Post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse);

User must at all times use the Sites and the Service in a responsible and legal manner. In particular (but not exclusively) User must not do any of the following: misrepresent User’s identity or User’s affiliation with any other person or organization; send junk email or spam to people who do not wish to receive mail from User; delete or falsify any attributions, trademarks or designations of source from any website content; or interfere with or disrupt the service or services or networks connected to the Service or Sites; collect or store personal data about other users including email addresses without consent. User agrees that User will comply with all applicable local, state and federal laws, statutes and regulations regarding use of the Sites and Services.

7. Dealing with Third Parties

The Barnraisings Site may provide links to third-party websites or services and may link User automatically to sponsors’ or third party’s websites or services. Barnraisings provides such links solely for the convenience of Users. Barnraisings does not review or endorse, and are not responsible for, any content, advertising, products, services or other materials on or available from such websites or services. User assumes full responsibility for User’s use of third-party websites or services.

8. Exclusion of Warranty

THE SITES, SERVICES, AND THE CONTENTS THEREIN AND/OR THE CONTENT PROVIDED BY BARNRAISINGS.COM, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

9. Limitation of Liability

YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE SITE INFORMATION AND THE SERVICES ARE PROVIDED “AS IS,” AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, BARNRAISINGS, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. BARNRAISINGS, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE, THE SITE INFORMATION OR THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF SITE, SERVICES OR SITE INFORMATION.

BARNRAISINGS, ITS AFFILIATES AND ITS SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS, THE PROVISION OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY PRODUCTS, MERCHANDISE AND/OR SERVICES ORDERED THROUGH SITE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES OR THE SITE INFORMATION, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

YOU HEREBY AGREE TO RELEASE BARNRAISINGS, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES OR THE SITE INFORMATION.

10. Disclaimer concerning tax deductible nature of donations

Unless specifically noted, Barnraisings makes every effort to work with 501(c)3 nonprofit organizations in good standing as our Beneficiaries. However, Barnraisings makes no representation as to whether all or any portion of your donations, including, if any, processing fees, (collectively, “Donations”) are tax deductible. Barnraisings will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you, any Barnraisings user or any Charity. You should consult your tax advisor as to the amount of your Donation that is tax deductible.

11. Indemnification

Users are entirely responsible for maintaining the confidentiality of passwords and accounts. Furthermore, Users are entirely responsible for any and all activities that occur under their account. User agrees to indemnify, defend and hold harmless Barnraisings, its parents, affiliates and subsidiary companies, shareholders, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from User’s use of the Services, the violation by User of the Terms of Use or the infringement by User of any intellectual property or other right of any person or entity. User agrees to immediately notify Barnraisings of any unauthorized use of User’s account or any other breach of security known to User.

12. International Use

The Barnraisings Site is controlled and operated from within the United States. Barnraisings makes no representation that the Barnraisings Site is appropriate or available in locations outside of the United States. Those who choose to access the Barnraisings Site from other locations do so at their own risk and are responsible for compliance with applicable laws.

13. Termination

Barnraisings reserves the right, at its sole discretion, to immediately, with or without notice, suspend or terminate User’s registration, the Terms of Use, and/or User’s access to all or a portion of the Barnraisings Site and/or remove any registration information or User Content from the Barnraisings Site, for any reason. Upon termination or expiration of the Terms of Use, User’s obligations and Barnraisings’s rights and disclaimers survive, but User’s right to use the Barnraisings Site immediately ceases.

14. Payments

Working with WePay

Barnraisings works with WePay to make donating to your charities of choice easy, safe, and seamless. When you use the Site to make donations through WePay, you agree that: (i) your donations will be processed through WePay; (ii) WePay will remit funds to the designated Beneficiary; and (iii) Beneficiary will send a thank you email and/or transaction receipt to all Donors. WePay is not affiliated with Barnraisings and is not permitted to share your financial information, such as credit card information, with Barnraisings without your consent. When you make a donation through WePay, Barnraisings does not collect or store your credit card information. All donations processed through WePay will be governed by the WePay User Agreement and WePay Privacy Notice.

Rules for All Donations

For all donations made on or through the Site , all Users agree that: (i) they will not use an invalid or unauthorized credit or debit card or other payment method; (ii) they are solely responsible for selecting the correct Beneficiary for fundraising, volunteering, donating, or registering; (iii) designated donation amounts and Processing Fees will be charged to the credit or debit card or other payment method you use through WePay; (iv) and all donations are final and non-refundable.

Refunds for Donors and Donations

All refunds are handled exclusively by the Beneficiaries. Barnraisings is not responsible for handling or communicating a Beneficiaries’ refund policy or processing refunds. Beneficiaries agree that they are solely responsible for providing information concerning their refund policy. If you wish to seek a refund for a donation, you must communicate directly with the Beneficiary and not Barnraisings. Beneficiaries acknowledge that Barnraisings will not be liable, accountable or responsible in any way for anything related to refunds for donations, including without limitation, an error processing a refund, the failure to provide a refund, the failure of a Beneficiary to communicate about a refund, or any chargebacks related to a refund.

Fees for Donations

In order to ensure that Barnraisings does not go out of business and to provide you with the very best experience and customer service, Barnraisings charges certain fees for donations made on or through site. All of Barnraisings’s fees are explained on our Fees page, which is incorporated by reference into these Terms of Use. By using the Site and our Services, you agree to our Fees, which are further explained below.

When a donation is made through Barnraisings, a Transaction Fee is paid by the Beneficiary so we don’t go out of business. We try to keep our pricing as low as possible so your donation can have the greatest possible impact. Transaction Fees cover Barnraisings’s costs associated with maintaining and hosting the Site, plus other value-added services so we can give you the best, most innovative fundraising platform in the world. The reason we charge the Beneficiary is to maximize the chance that your donation is 100% tax deductible. Compared to traditional ways of fundraising like direct mail or putting on a charity dinner, Barnraisings is an inexpensive and efficient way to raise additional money for Beneficiaries.

15. General Provisions

These Terms of Use will be governed by and construed in accordance with the laws of the State of Minnesota, without reference to its conflicts of laws rules. Any provision of these Terms of Use that is held to be invalid or unenforceable will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these Terms of Use shall continue in full force and effect. Except to the limited extent set forth herein, neither these Terms of Use, nor any terms contained herein, shall be construed as creating or constituting a partnership, joint venture or agency relationship between the parties. User may not assign, sublicense or otherwise transfer any right or obligation set forth herein without Barnraisings’s prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect. These Terms of Use are binding upon the parties’ respective successors and permitted assigns. No failure of Barnraisings to exercise or enforce any of its rights hereunder will act as a waiver of such rights. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.

© 2015 Barnraisings. All rights reserved.

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