eAngel Terms and Conditions
Welcome to the eAngel Community! Our mission is to connect individual and organizational donors, of non-cash resources, with nonprofit organizations in need of these donations. eAngel does this through a simple and effective online process of matching donations with nonprofit wish list needs.
eAngel User Agreement
1. Introduction
1.1 This User Agreement (the “Agreement”) outlines the eAngel privacy and security practices which apply to all content in the website under the domain name eAngelcommunity.org (the “Website”), to any email correspondence between eAngel and you (including the free Angel e-Newsletter (the “Newsletter”)), and to all other services provided by eAngel (collectively the “Services”).
1.2 Anyone who visits, views, or uses the Website, including registered Donor Members and Nonprofit Members, is considered a “User.” Even if you do not register, but still access the Website, you are considered a User. Once you register through the Website, you become a Member of eAngel. For purposes of this Agreement, the term "Member" includes Donor Members and Nonprofit Members, except where its usage indicates otherwise. Certain areas of the Website and certain Services are only open to Members.
1.3 Please read this Agreement in its entirety before using the Services. Using the Services constitutes your acceptance of these terms regardless of whether or not you choose to become a Member. If you do not accept these terms, do not use the Services. If you object to any term or condition of these Terms, any guidelines or any subsequent modifications, or if you become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Services. If you have any questions about this statement, please do not hesitate to contact eAngel at friends@eangelcommunity.org .
1.4 eAngel may revise this Agreement at any time. You should check the Website from time to time to review the Agreement, because it is binding on you. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located on particular pages of the Website.
2. SERVICE ACCESS
2.1 While eAngel endeavors to ensure that the Website is available 24 hours a day, eAngel shall not be liable to any User if for any reason the Website is unavailable at any time or for any period.
2.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond the control of eAngel.
3. CONTENT AND USER CONDUCT
3.1 eAngel owns and retains all proprietary rights in the Website and the Services. The Website contains copyrighted material, trademarks, and other proprietary information of eAngel, its Users, and its licensors. You may not copy, modify, publish, transmit, distribute, perform, display, frame, or sell any such proprietary information unless granted written permission by eAngel.
3.2 Any graphics you submit remain your property, however, eAngel retains the right to use these graphics on the Website and in other marketing materials or otherwise, free of any charge claimed by you or a third-party beneficiary.
3.3 Advice, opinions, statements, offers, or other information or content made available through the Website, but not directly by eAngel, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. eAngel does not:
(a) monitor or guarantee the accuracy, completeness, or usefulness of any third-party information on the Website, or
(b) adopt, endorse or accept responsibility for the accuracy or reliability of any third-party opinion, advice, or statement appearing on the Website.
Under no circumstances will eAngel or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website by any third-party or transmitted to or by any User.
You forever waive any claim for monetary damages against eAngel as a result of anything posted in this paragraph.
3.4 You are prohibited from posting or transmitting to or from the Website any material:
(a) that is false, deceptive, misleading, fraudulent, threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, misrepresentative, in breach of confidence, in breach of privacy, or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licenses and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or (e) which solicits any form of compensation.
You may be held liable to eAngel for any claims against eAngel for conduct prohibited in this article.
3.5 eAngel reserves the right, in its sole discretion, to remove any text submitted by a Member if eAngel deems it in breach of this article.
3.6 You may not misuse the Website (including, without limitation, by hacking or any other activity that otherwise disrupts or diminishes the quality, performance or functionality of the Services).
3.7 eAngel shall fully co-operate with any law enforcement authorities or court order requesting or directing eAngel to disclose the identity or locate anyone posting any material in breach of this article.
3.8 You may not impersonate any person or entity. Any goods donated by a donor must be the property of the Donor Member.
3.9 You agree not to contact anyone who has asked not to be contacted, nor stalk or otherwise harass anyone, nor collect personal data about other Users for commercial or unlawful purposes.
3.10 eAngel reserves the right to immediately terminate membership, and you will not be entitled to any refund if eAngel deems that your behavior toward any other User or employee or representative of eAngel is inappropriate, threatening, or offensive.
4. PRIVACY
4.1 eAngel respects the privacy of Users and will never sell, trade, or rent your personal information to other individuals or companies without your permission. The information you provide to eAngel will be used only by eAngel for purposes of membership, donation matching or to provide you information about eAngel or its activities.
4.2 eAngel collects information from Members and Members’ computers upon registration, including name, organization name, street address, phone number, email address, IP address, cookie information, software and hardware attributes, the pages you request, the date and time of your visit to the Website, your description of the items you seek to donate or receive. For Nonprofit Members, eAngel also may collect employer ID, tax exempt status and a copy of the 501(c)(3) letter confirming your tax exempt status. Collectively the information eAngel collects shall be called the “Registration Information.” eAngel uses Registration Information for the following general purposes: (a) to fulfill your requests for services, improve our services, contact you, conduct research and provide anonymous reporting. Members can log into their password protected "My Account" section to update any personally identifiable information.
4.3 By registering as a Nonprofit Member, you agree to permit eAngel to provide your Registration Information to any Donor Member. By registering as a Donor Member, you agree to permit eAngel to provide your zip code, email address and the items you seek to donate to the Member Nonprofits who have indicated a need for your donated item. Each Nonprofit Member has its own policies regarding privacy of donor information. Donor Members should contact the Nonprofit Members directly to learn about their privacy policies.
4.4 When you become a Member of eAngel, you are automatically subscribed to receive the eAngel Newsletter. If you do not wish to receive the Newsletter, you may unsubscribe by using the link located at the bottom of each Newsletter.
4.5 Although eAngel makes a reasonable effort to preserve User privacy, it may need to disclose personal information when it has a good-faith belief that such action is necessary to comply with a current law, judicial proceeding, court order, or legal process served to eAngel.
4.6 Users of the Services and the Website must be adults or acting under the supervision of their parents or guardians. eAngel does not intend to collect any information from individuals under the age of 18.
5. REGISTRATION
5.1 Each registration is for a single User, or in the case of Nonprofit Members, registration is for a single nonprofit entity only. eAngel does not permit you to share your user name or password with anyone.
5.2 Responsibility for the security of your username and password rests with you, and you are fully responsible for all activities that occur under your username and password. You agree to:
(a) immediately notify eAngel of any unauthorized use of your username or password or any other breach of security,
(b) ensure that you exit from your account at the end of each session, and
(c) use particular caution when accessing your account from a public or shared computer, so that others are not able to view or record your password or other personal information.
5.3 eAngel is not liable for any loss or damage arising from your failure to comply with this provision.
6. ELIGILIBITY
6.1 You may not use the Services and may not accept the Agreement if:
(a) you are not of legal age to form a binding contract, or
(b) you are a person barred from receiving the Services under the laws of the United States or other jurisdictions, including the jurisdiction in which you are resident or from which you use the Services.
7. DISCLAIMER
7.1 While eAngel endeavors to ensure that its content on the Website is correct, it does not warrant the accuracy or completeness of the content. eAngel may make changes to the Website content, or to the goods or Services described in it, at any time without notice. The Website content may be out of date, and eAngel makes no commitment to update such content.
7.2 YOU AGREE THAT YOUR USE OF THE SERVICES AND THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, EANGEL PROVIDES ACCESS TO THE WEBSITE ON THE BASIS THAT EANGEL EXCLUDES ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS (INCLUDING, WITHOUT LIMITATION, THE CONDITIONS IMPLIED BY LAW OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND THE USE OF REASONABLE CARE AND SKILL) WHICH, BUT FOR THIS LEGAL NOTICE, MIGHT HAVE EFFECT IN RELATION TO THE WEBSITE.
8. LIABILITY & INDEMNITY
8.1eAngel, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the eAngel officers, directors, employees, or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation, negligence), contract or otherwise) in connection with the Services in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including without limitation, to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
8.2 If your use of the Services results in the need for servicing, repair, or correction of equipment, software or data, you assume all costs thereof.
8.3 You are solely responsible for your interactions with other Users. eAngel reserves the right, but has no obligation, to monitor disputes between you and other Users. eAngel is not responsible for the conduct, whether online or offline, of any User. In no event shall eAngel be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Users of eAngel, or persons you meet through eAngel. If there is a dispute between Users or between Users and any third party, you understand and agree that eAngel is under no obligation to become involved.
8.4 You agree to take reasonable precautions in all interactions with other Users, particularly if you decide to meet offline or in person. You should not provide your financial information (for example, your credit card or bank account information) to other Users.
8.5 You agree to indemnify and hold eAngel, its subsidiaries, affiliates, officers, agents, other partners, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
9. NON-COMMERCIAL USE
9.1 Illegal and/or unauthorized uses of the Website, including collecting User names and/or email addresses by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
9.2 Use of the Services is with the permission of eAngel, which may be revoked at any time, for any reason, and in eAngel's sole discretion.
10. LINKS
10.1 Users may provide links to other websites or resources. Because eAngel has no control over such sites and resources, you acknowledge and agree that eAngel is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
10.2 You further acknowledge and agree that eAngel shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
11. NO THIRD PARTY BENEFICIARIES
11.1 You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
12. ILLINOIS LAW AND JURISDICTION
12.1 This legal notice shall be governed by and construed in accordance with Illinois law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Illinois courts.
12.2 By using the Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
12.3 Membership is void where prohibited.
13. TERM
13.1 This Agreement will remain in full force and effect at all times. You may terminate your membership at any time, for any reason, by terminating your membership registration, and or by notification to friends@eangelcommunity.org.
13.2 eAngel may terminate your membership by sending notice to you at the email address originally provided to eAngel. All decisions regarding the termination of accounts shall be made at the sole discretion of eAngel. eAngel is not required to provide you notice prior to terminating your membership. eAngel is not required to, and may be prohibited from, disclosing a reason for the termination of your account. Even after your membership is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement and shall be deemed to survive such termination.
14. ENTIRE AGREEMENT 14.1 This Agreement contains the entire agreement between you and eAngel regarding the use of the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
15. Please contact eAngel at friends@eangelcommunity.org with any questions regarding this User Agreement.