User Agreement

Welcome, and thanks for using givingcompass.org (the “Site”), a platform operated by Giving Compass Network (“GivingCompass”, “we”, and “our”).

When you use our Services (as defined below), you’re agreeing to our terms, so please take a few minutes to read over the User Agreement set forth in more detail below.  Note: You are entering into a legally binding agreement.  Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.

This User Agreement (“Agreement”), which includes by reference, our Privacy Policy, which covers how we collect, use, share, and store your personal information, sets forth the legally binding terms for your use of the Site and Services. By accessing or using the Site or Services, you are accepting this Agreement (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement (on behalf of yourself or the entity that you represent). You may not access or use the Site or Services or accept the Agreement if you are not at least 18 years old. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Site or Services. Each of our products’ applications has its own terms of use, available in the respective application. In the event of any conflict between this Agreement and the terms of a product and/or application, the latter shall govern.  This Agreement constitutes a binding legal agreement between you and GivingCompass. Please read these terms carefully and print a copy for reference.

We may modify this Agreement or any additional terms, which are relevant to a particular GivingCompass service, to reflect changes in the law or to the Services.

We may, in our sole discretion, modify this Agreement with or without notice to you. The “Last updated” date at the top of this Agreement will indicate when the latest modifications were made. We will post the revised Agreement on the Site.  PLEASE REVIEW THE SITE ON A REGULAR BASIS TO OBTAIN TIMELY NOTICE OF ANY REVISIONS.  IF YOU CONTINUE TO USE THE SERVICES AFTER THE REVISIONS TAKE EFFECT, YOU AGREE TO BE BOUND BY THE REVISED AGREEMENT.  You agree that we shall not be liable to you or to any third party for any modification of the Agreement.

Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both.

We are an online portal designed to enable impact-driven philanthropy, aggregating the best published and original content related, including: how to give, who to partner with, where to meet, and where to give to maximize your impact.

Our mission is to drive more resources to more impact on the ground for communities and causes. Our services are designed to enable our members to discover and author content, meet, exchange ideas, learn about issues, find opportunities to contribute, and make decisions in a network of trusted relationships (the “Services”).

We use the term “Content” to mean: articles, events, gatherings, groups, networking, members, lectures, books, interactive tools, resources, and so on, in any electronic or printed form: video, podcast, audio, blog, animation, formula, algorithm and any future format known or unknown.

2.1. Service Eligibility

Here are some promises you make to us in this Agreement:

You’re eligible to enter into this Agreement and you are at least our “Minimum Age”.

To use the Services, you agree that: (1) you must be the “Minimum Age” (defined below) or older; (2) you will only have one GivingCompass account, which must be in your real name; and (3) you are not already restricted by GivingCompass from using the Services.

“Minimum Age” means (a) 18 years old for the People’s Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. However, if law requires that you must be older in order for GivingCompass to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Services are not for use by anyone under the age of 13.

2.2. Your Membership

You’ll keep your password a secret.

You will not share an account with anyone else and will follow our rules and the law.

As between you and others, your account belongs to you. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account and (4) follow the law and the Dos and Don’ts below. You are responsible for anything that happens through your account unless you close it or report misuse.

2.3. Notices and Service Messages

You’re okay with us using the Site, and any of our other websites, and email to provide you with important notices. Also, you agree certain additional information can be shared with us.

If the contact information you provide isn’t up to date, you may miss out on these notices.

You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) through other means including SMS, Instant Messaging, Social Messaging, Social Networking, mobile number, telephone, or mail. You agree to keep your contact information up to date.

Please review your givingcompass.org user settings to control and limit what kind of messages you receive from us.

2.4. Messages and Sharing

When you share information, others can see, copy and use that information.

Our Services allow messaging and sharing of information in many ways, such as your profile, links to content, original content and ideas, republished content and ideas. Information and content that you share or post may be seen by other Members or, if public, by Visitors. Where we have made settings available, we will honor the choices you make about who can see content or information.

We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.

3.1. Your License to GivingCompass

You own all of the personal information and content (“User Content”) you provide to us, but you also grant us a non-exclusive license to it.

We’ll honor the choices you make about who gets to see your information and content.

You promise to only provide information and content that you have the right to share, and that your GivingCompass profile will be truthful.

As between you and GivingCompass, you own the User Content and other information that you submit or post to the Services and you are only granting GivingCompass the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, monetize, and process, information and User Content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

You can end this license for specific User Content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems.

We will not include your User Content in advertisements for the products and services of others (including sponsored content) to others without your separate consent. However, we have the right, without compensation to you or others, to serve ads near your User Content and other information, and your comments on sponsored content may be visible as noted in the Privacy Policy.

Other Members and/or Visitors may access and share your User Content and other information, consistent with your settings and degree of connection with them.

While we may edit and make formatting changes to your User Content (such as translating it, modifying the size, layout, grammar, style or file type or removing metadata), we will do our best to not modify the meaning of your expression.

Because you own your User Content and other information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.

You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy and your privacy settings.

By submitting suggestions or other feedback regarding our Services to GivingCompass, you agree that GivingCompass can use and share (but does not have to) such feedback for any purpose without compensation to you.

You agree to only provide User Content or other information if that does not violate the law nor anyone’s rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. GivingCompass may be required by law to remove certain information or content in certain countries.

3.2.  Copyright Policy, Trademark & DMCA

The User Content, and in some cases the Services themselves, are protected by copyright, patent, trademark and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any User Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any User Content not owned by you, (i) without the prior consent of the owner of that User Content (which may be GivingCompass or our licensors) or (ii) in a way that violates someone else’s (including GivingCompass’s) rights.

You understand that GivingCompass owns the Services and intellectual property in them (except that you own physical hardware devices that you have purchased, but not software or other materials we may license to you under this Agreement even if such materials reside on your devices). You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services. We respect others’ intellectual property rights, and we reserve the right to delete or disable User Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; visit givingcompass.org/copyright-and-ip-policy to review our complete DMCA and Copyright Dispute Policy and learn how to report potentially infringing content.

3.3. Service Availability

We may change or discontinue any of our Services. We can’t promise to store or keep showing any information and content you’ve posted.

We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.

GivingCompass is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in Section 3.1 of our Privacy Policy.

3.4. Other Content, Sites and apps

When you see or use others’ content and information posted on our Services, it’s at your own risk.

Third parties may offer their own products and services through GivingCompass, and we aren’t responsible for those third-party activities.

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. GivingCompass generally does not review content provided by our Members. You agree that we are not responsible for third parties’ (including other Members’) content or information or for any damages as result of your use of or reliance on it.

You are responsible for deciding if you want to access or use third party apps or sites that link from our Services. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, GivingCompass is not responsible for these other sites and apps — use these at your own risk.

3.5. Limits

We have the right to limit how you connect and interact on our Services.

We’re providing you notice about our intellectual property rights.

GivingCompass reserves the right to limit your use of the Service. GivingCompass reserves the right to restrict, suspend, or terminate your account if GivingCompass believes that you may be in breach of this Agreement or law or are misusing the Services (e.g., violating any Do and Don’ts).

4.1. No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.

TO THE EXTENT ALLOWED UNDER LAW, GIVINGCOMPASS (AND THOSE THAT GIVINGCOMPASS WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

4.2. Exclusion of Liability

These are the limits of legal liability we may have to you.

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS GIVINGCOMPASS HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), GIVINGCOMPASS (AND THOSE THAT GIVINGCOMPASS WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).

IN NO EVENT SHALL THE LIABILITY OF GIVINGCOMPASS (AND THOSE THAT GIVINGCOMPASS WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY FEE (PRORATED, IF YOU PAY ANNUALLY) THAT YOU PAID FOR OUR SERVICE, IF ANY, OR (B) US $100.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND GIVINGCOMPASS AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G., WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF GIVINGCOMPASS HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

We can each end this Agreement anytime we want.

GivingCompass or you may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

Our rights to use and disclose your feedback;
Members’ and/or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
Sections 4, 6 and 7 of this Agreement;
Any amounts owed by either party prior to termination remain owed after termination.
You can visit our Help Center to learn how to close your GivingCompass account.

In the unlikely event we end up in a legal dispute, it will take place in Washington state courts, applying Washington state law.

You agree that the laws of the State of Washington, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts of King County, Washington, USA, and we each agree to personal jurisdiction in those courts.

Here are some important details about how to read the Agreement.

If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services. The Site and the Services are designed to comply with the laws of the United States.  The Site and the Services are intended for access and use by U.S. residents only.

If we don’t act to enforce a breach of this Agreement, that does not mean that GivingCompass has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that GivingCompass may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.

We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don’t agree to these changes, you must stop using the Services.

You agree that the only way to provide us legal notice is at the addresses provided in Section 10.

8.1. Dos. You agree that you will:

Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;

Provide accurate information to us and keep it updated;

Use your real name on your profile;

Use the Services in a professional manner.

8.2. Don’ts. You agree that you will not:

Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;

Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by GivingCompass);

Use an image that is not your likeness or a head-shot photo for your profile;

Create a false identity on GivingCompass;

Misrepresent your current or previous philanthropic activities;

Misrepresent your affiliations with a person or entity, past or present;

Misrepresent your identity, including but not limited to the use of a pseudonym;

Create a Member profile for anyone other than yourself (a real person);

Use or attempt to use another’s account;

Harass, abuse or harm another person;

Send spam or other unwelcomed communications to others;

Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);

Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;

Disclose information that you do not have the right to disclose (such as confidential information of others);

Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;

Violate the intellectual property or other rights of GivingCompass, including, without limitation, using the word “GivingCompass” or our logos in any business name, email, or URL;

Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by GivingCompass;

Send messages to distribution lists, newsgroup aliases, or group aliases;

Post anything that contains software viruses, worms, or any other harmful code;

Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;

Create profiles or provide content that promotes escort services or prostitution.

Creating or operate a pyramid scheme, fraud or other similar practice;

Copy or use the information, content or data of others available on the Services (except as expressly authorized);

Copy or use the information, content or data on GivingCompass in connection with a competitive service (as determined by GivingCompass);

Copy, modify or create derivative works of GivingCompass, the Services or any related technology (except as expressly authorized by GivingCompass);

Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;

Imply or state that you are affiliated with or endorsed by GivingCompass without our express consent;

Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;

Sell, sponsor, or otherwise monetize a GivingCompass feature of the Services, without GivingCompass’s consent;

Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;

Remove, cover or obscure any advertisement included on the Services;

Collect, use, copy, or transfer any information obtained from GivingCompass without the consent of GivingCompass;

Share or disclose information of others without their express consent;

Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;

Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;

Monitor the Services’ availability, performance or functionality for any competitive purpose;

Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;

Access the Services except through the interfaces expressly provided by GivingCompass, such as its mobile applications, GivingCompass.com and slideshare.net;

Override any security feature of the Services; and/or

Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).

We respect the intellectual property rights of others. We require that information posted by Users and Visitors be accurate and not in violation of the intellectual property rights or other rights of third parties.

Copyright © 2023, Giving Compass Network. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

If you want to send us notices or service of process, please contact us:

Online at: https://GivingCompass.org or by mail at: Giving Compass, Attn: Agreement Matters (Legal), PO Box 458, Union, WA 98592.

Copyright and IP Policy

Reporting Claims of Copyright Infringement

We respect content owner rights and we expect our users to do the same. It is our policy to respond to claims of infringement in compliance with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place on our Site (as defined in our User Agreement), please complete the following DMCA Notice and deliver it to our Designated DMCA Agent at the contact information provided below.

You must provide substantially the following information in writing in your DMCA Notice:

Identify the copyrighted work that you claim has been infringed;

Identify the material that is claimed to be infringing and where it is located on the Service;

Provide reasonably sufficient information to permit us to contact you, such as your address, telephone number, and, e-mail address;

Provide a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;

Provide a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner; and

Provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner;

Deliver the DMCA Notice, with the above information completed, to our Designated DMCA Agent at:

DMCA Notice

GivingCompass

Attn: Agreement Matters (Legal)

PO 458

Union, WA 98592

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please be aware that this procedure is only for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice.

Counter-Notification Procedures

If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, your Counter-Notice must provide substantially the following:

An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.

Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.

Your physical or electronic signature.

Deliver the DMCA Notice, with the above information completed, to our Designated DMCA Agent at:

DMCA Notice

Giving Compass

Attn: Agreement Matters (Legal)

PO Box 458

Union, WA 98592

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

REPEAT INFRINGERS

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

The following Service Terms apply only to the specific Services to which the Service Terms relate. In the event of a conflict between the terms of these Service Terms and the terms of the Terms of Use above or other agreement with us governing your use of our Services, the terms and conditions of these Service Terms apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.

GivingCompass API

The Giving Compass’s application programming interface consisting of an automated XML web service (the “API”) is subject to this User Agreement and the terms and conditions set forth in a written agreement and ordering document between you and Giving Compass.  More information relating to the GivingCompass API is provided at www.givingcompass.org/api/

GivingCompass Widget

The GivingCompass Widget (the “Widget”) provides access to content provided by GivingCompass and its customers (collectively, the “Widget Content”). When you use the Widget, you’re agreeing to these service-specific terms, as supplemental terms to the User Agreement (the “Widget Terms of Use”). If you use or access the Widget or the Widget Content on behalf of a business, company or other entity, you represent that you have authority to bind such entity and its affiliates to these terms and that is fully binding upon each of them. In such case, the term “you” will designate such entity and its affiliates. If you do not agree with these terms or if you do not have authority, you may not use or access the Widget or the Widget Content.  More information relating to the GivingCompass Widget is provided at www.givingcompass.org/widget/

Widget and Widget Content

The Widget is a tool which you may place on your website which allows visitors to your website to access and view the Widget Content. The Widget Content may include, without limitation, logos, photos, audio and headlines, which link to stories retrieved from GivingCompass or its supplier’s servers. The Widget consists of the Widget Content, and as well as all software files or images incorporated in, or generated by, the Widget and any and all data and html embedded code that accompanies the Widget, and any upgrades, enhancements, modifications, updates and revisions of such software and code. If you object to any of the Widget Content for any reason, your sole recourse is to stop using the Widget and to remove the Widget (and associated software code) from your website.

License and Restrictions on Use

Subject to your compliance with these Widget Terms of Use, GivingCompass hereby grants you a non-exclusive, non-transferable, non-sublicensable, personal, revocable license to use and display the Widget on your website solely for your own use as permitted by these Widget Terms of Use. You are not licensed to use the Widget for any other purpose, and nothing in these Widget Terms of Use shall be deemed to grant you any right, title or interest in the Widget except as expressly stated in these Widget Terms of Use. The Widget (including the software contained therein) and the Widget Content are protected under United States and international copyright laws, are subject to other intellectual property and proprietary rights and laws, and are owned or licensed by GivingCompass. Subject to the express parameters of this limited license, the Widget, the Widget Content and any proprietary rights, notices or markings may not be copied, modified, deleted, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without your obtaining the express prior written permission in each instance of GivingCompass. In addition, the Widget Content may not be used in any manner that would constitute an endorsement (whether express or implied) by any person or entity of any product, service, activity or brand contained on your website.  Notwithstanding anything to the contrary in this Widget Terms of Use, nothing herein is intended to prevent you from using Widget Content as permitted under fair use principles applicable under the copyright laws of the United States. PLEASE NOTE: Fair use is a doctrine that may not apply under copyright laws of jurisdictions other than the United States. You should not assume that you have the right to use in accordance with fair use principles any materials other than those copyrighted solely in the name of GivingCompass, and GivingCompass does not purport to grant you any rights in such materials under this Widget Terms of Use. YOU MAY NOT DIRECTLY OR INDIRECTLY ATTEMPT TO RE-SELL, REDISTRIBUTE, SYNDICATE OTHERWISE COMMERCIALIZE THE WIDGET OR WIDGET CONTENT IN ANY WAY.

Placement of the Widget

The Widget may be placed on your website only. GivingCompass prohibits the placement of the Widget on websites that include content that is offensive, abusive, harassing, threatening, discriminatory, vulgar, pornographic, or otherwise inappropriate as determined by GivingCompass in its sole discretion. You are responsible for all activity related to or content provided on your website.

Link to Content Pages

The Widget may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article or other information retrieved from GivingCompass or its supplier’s servers. You may not display the Widget Content in a manner that does not permit successful linking to, redirection to or delivery of the Widget Content. You may not insert any intermediate page, splash page or other content between the Widget link and the full text of the Widget Content.

Ownership

GivingCompass and/or its third party suppliers retain all ownership and other rights in the Widget Content and the GivingCompass logos and Marks. All rights reserved. All other trademarks appearing in the Widget Content are the property of their respective owners.

Data Collection and Use

GivingCompass may use cookies, web beacons, or other similar technologies to capture, track, extract, compile, aggregate, analyze, and process data resulting from your use and your website visitors’ (“End-Users”) interactions with the Widget Content (collectively, “Data Processing”) to provide aggregate analytics data to GivingCompass’s customers and for GivingCompass’s and/or its affiliates’ own business purposes such as making inferences about End-Users and sharing that information with third parties for purposes such as improving their business communications and content distribution and displaying targeted advertisements to End-Users (collectively, “Data Uses and Data Sharing”). As part of our Data Processing, GivingCompass will track End-Users over time and across different websites. You shall: (i) comply with all Applicable Laws that relate to individual third party privacy; and (ii) provide End-Users with clear and comprehensive notice and obtain all required consents from End-Users regarding Data Processing, Data Uses and Data Sharing.

No Warranty

GIVINGCOMPASS DISCLAIMS ANY LIABILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE WIDGET. THE WIDGET IS PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. GIVINGCOMPASS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. GIVINGCOMPASS FURTHER DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, AND PERFORMANCE OF THE WIDGET. YOUR USE OF THE WIDGET IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF WIDGET.

Limitation of Liability

NEITHER GIVINGCOMPASS NOR ITS SUPPLIERS SHALL BE LIABLE BASED ON OR FROM YOUR USE OF THE WIDGET. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF GIVINGCOMPASS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WIDGET, FROM INABILITY TO USE THE WIDGET OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WIDGET (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL GIVINGCOMPASS BE LIABLE TO YOU UNDER ANY CIRCUMSTANCE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Termination

You may terminate the license granted herein at any time by ceasing to use the Widget and destroying and purging from your computer systems all copies of the Widget and associated software code from your website, all hard drives, networks, and other storage media. GivingCompass may, without liability, restrict, suspend or terminate the Widget, and/or revoke the license granted herein at any time by suspending access to GivingCompass or its supplier’s servers from your website.

Right to Discontinue the Widget

GivingCompass reserves the right, in its sole discretion, to discontinue providing the Widget at any time and to require you to cease displaying, distributing or otherwise using the Widget for any reason including, without limitation, your violation of any provision of these Widget Terms of Use. Neither GivingCompass, nor any of its affiliates, sponsors or licensees assume any liability for any of your activities in connection with the Widget or for your use of the Widget in connection with your website. You agree to indemnify, defend and hold GivingCompass harmless form and against any claims arising from such activities or use, your breach of these Widget Terms of Use or your violation of any law or the rights of a third party. In addition, if you use, or attempt to use the Widget in a manner that extends beyond the scope of the license granted in these Widget Terms of Use, or if you tamper with, hack, spoof, copy, distribute, modify, or otherwise corrupt the administration, security, or proper function of any part of the Widget, you may be subject to legal and equitable action.