Agreement between User and www.tahoeprosperity.org
Welcome to www.tahoeprosperity.org. The www.tahoeprosperity.org website (the “Site”) is comprised of various web pages operated by Tahoe Prosperity Center (“Tahoe Prosperity Center”). www.tahoeprosperity.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.tahoeprosperity.org constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. www.tahoeprosperity.org is a Non-Profit Site and informs the community of the services offered by Tahoe Prosperity Center.
Visiting or sending emails to Tahoe Prosperity Center constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Tahoe Prosperity Center does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.tahoeprosperity.org only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.tahoeprosperity.org may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Tahoe Prosperity Center and Tahoe Prosperity Center is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Tahoe Prosperity Center is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tahoe Prosperity Center of the site or any association with its operators. Certain services made available via www.tahoeprosperity.org are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.tahoeprosperity.org domain, you hereby acknowledge and consent that Tahoe Prosperity Center may share such information and data with any third party with whom Tahoe Prosperity Center has a contractual relationship to provide the requested product, service or functionality on behalf of www.tahoeprosperity.org users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Tahoe Prosperity Center content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Tahoe Prosperity Center and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Tahoe Prosperity Center or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Tahoe Prosperity Center from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Tahoe Prosperity Center Content accessed through www.tahoeprosperity.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Tahoe Prosperity Center, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Tahoe Prosperity Center reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Tahoe Prosperity Center in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Tahoe Prosperity Center AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TAHOE PROSPERITY CENTER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Tahoe Prosperity Center AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Tahoe Prosperity Center reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tahoe Prosperity Center as a result of this agreement or use of the Site. Tahoe Prosperity Center’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Tahoe Prosperity Center’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Tahoe Prosperity Center with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Tahoe Prosperity Center with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Tahoe Prosperity Center with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Tahoe Prosperity Center reserves the right, in its sole discretion, to change the Terms under which www.tahoeprosperity.org is offered. The most current version of the Terms will supersede all previous versions. Tahoe Prosperity Center encourages you to periodically review the Terms to stay informed of our updates.
Tahoe Prosperity Center welcomes your questions or comments regarding the Terms:
Tahoe Prosperity Center
948 Incline Way
Incline Village, NV 89451
Effective as of July 01, 2021
Information we collect and how we may use it
If you are a customer of Kindful, we collect certain information about you in order to provide you with our donor management system and/or online payment service (the “Service”). When you register for the Service we will request some personal information such as your name and email address, and information about your organization such as the name of your organization, Tax ID, mailing address, and tax designation. Furthermore, if you are opening a merchant account, Kindful may also obtain information about you from third party sources, including, without limitation, consumer reporting agencies. This information is used to contact you about the services on our Site for which you have expressed an interest. As part of the Service, we may also collect donor information on behalf of your organization. Except as may be expressly set forth herein, we will not use any donor information collected on your behalf for any purpose other than to provide the Service. Any tax or financial information we collect is used only to bill you for the Service. If you purchase the Service by credit card, this information will be transmitted to our credit card merchant account provider, and may be forwarded to your credit card provider. We do not store credit card information.
If you are a donor for a Kindful customer, we collect certain information from you in order to process your donation (“Donor Information”). Kindful will use Donor Information during the course of providing the Service to such Kindful customer. Kindful may also use Donor Information at an aggregate level for internal business analyses and fraud prevention. During the course of providing the Service to Kindful customers, Kindful may disclose Donor Information to banks, processors, card associations, and other financial institutions that are involved in the course of processing or screening the transaction applicable to the Donor Information.
We may use personal information for internal purposes to provide you with other products and services, or to contact you regarding administrative notices or communications relevant to you on this Site. In addition, we may use personal information to provide or improve products or services that you have requested.
We will only use access to read Gmail message bodies (including attachments), metadata, headers, and settings to display emails to authorized users of Kindful and will not transfer this Gmail data to others unless doing so is necessary to provide and improve these features, comply with applicable law, or as part of a merger, acquisition, or sale of assets.
We will not use this Gmail data for serving advertisements.
We will not allow humans to read this data unless we have your affirmative agreement for specific messages, doing so is necessary for security purposes such as investigating abuse, to comply with applicable law, or for our internal operations and even then only when the data have been aggregated and anonymized.
When we disclose your information
Kindful takes your privacy very seriously. The information we collect is used to provide the Service, and, in general, is not shared with or sold to other organizations for commercial purposes. However, there are times when it may be advantageous for Kindful to make certain personal information about you available to companies that Kindful has a strategic relationship with or that perform work for Kindful to provide products and services to you on our behalf. These companies may help us process information, deliver products or services to you, provide customer service, manage and enhance user data, assess your interest in our products and services, or conduct user research or satisfaction surveys. We may also disclose your personal information, if you have authorized us to act on your behalf to initiate the creation of a merchant account for the purpose of accepting donations by credit card.
At times we may be required by law or litigation to disclose your personal information. We may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, disclosure is necessary.
In addition, Kindful may sell, transfer or otherwise share some or all of its assets in connection with a merger, acquisition, reorganization or sale of assets, or in the event of bankruptcy. In such an event, personal information may be one of the assets transferred.
How we protect your personal information
Kindful takes precautions to safeguard your personal information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission that can be guaranteed against any interception or other type of misuse.
You can help us by also taking precautions to protect your personal data when you are on the internet. Do not share your registration information with anyone, and make sure you use a secure web browser.
Accessing your information
This Site may contain web pages through which you can correct or update some of the personal information you have provided to us. Kindful will make a good faith effort to make requested changes and correct your data if it is inaccurate or delete the data if we are not required to retain it by law or for legitimate purposes.
Cookies and other technologies
To make this Site more useful to you, we automatically gather general statistical information about this Site and its visitors, such as IP addresses (and information tied to IP addresses, such as screen size, color depth, language, java enabling, flash version, page title, host name, referring source, and page path), browsers, pages viewed, number of visitors, services purchased, etc. In doing so, we do not reference you by name, email, mailing address, or any similar personal information. We use this data in the aggregate to learn about our visitors and to improve our ability to cater to their needs. We may use third party vendors to gather general statistical information about this Site and its visitors as well as to perform certain services on behalf of this Site, such as hosting this Site, designing or operating this Site’s features, or performing other administrative services. We may provide these companies with access to your personal information to carry out the services they are performing for you or for Kindful.
Your California Privacy Rights
If you are a California resident and request information about how to exercise your third party disclosure choices you must send a request to firstname.lastname@example.org.