Square Fundraising - Terms of Service

1. ACCEPTANCE OF TERMS
Square Fundraising provides its services to you, subject to the following Terms of Service ("TOS"), which is subject to change. In addition, when using specific Square Fundraising services, both you and Square Fundraising shall be subject to any posted guidelines or rules applicable to such services which may be changed from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Third-party vendors, including Google, use cookies to serve ads based on prior visits to this and other websites. Google's use of advertising cookies enables it and its partners to serve ads based on their visit to this website and/or other sites on the Internet. Please note that users can opt out of personalized advertising by visiting Google's Ads Settings and/or other available mechanisms.

2. DESCRIPTION OF SERVICE
Square Fundraising provides users with a web-based platform for creating, hosting, and managing not-for-profit-fundraisers. Square Fundraising provides its annual service package (5 fundraisers) with no attached fees, whatsoever. By agreeing to these terms of service, you acknowledge that Square fundraising offers a platform for team managers and not-for-profit managers to easily manage digital events on their own - including raffles (Awards of one or more prizes by chance at a single occasion among a single pool or group of persons who have paid or promised a thing of value for a ticket that represents a chance to win a prize), auctions (a sale of property to the highest bidder), and direct donations (the making of a gift, especially to a charity or public institution).

3. NOT-FOR-PROFIT FUNDRAISING PURPOSES ONLY - FORBIDDEN TERRITORIES
All services provided by Square Fundraising are for NOT-FOR-PROFIT FUNDRAISING PURPOSES ONLY. Any and all online raffles are strictly forbidden within Alabama, Hawaii, Florida, and California.

4. RESERVATION OF RIGHTS
Square Fundraising expressly reserves the right to immediately modify, suspend or terminate any of it's services (including future use) if you have violated or acted inconsistently with the spirit or letter of the Terms of Service. Square Fundraising expressly reserves the right to modify or discontinue service, temporarily or permanently, in whole or in part for any reason, with or without notice to you. You agree that Square Fundraising will not be liable to you or to any third party for any modifications or discontinuance of service.

5. SERVICE INTERRUPTION
Square Fundraising will make every effort to provide uninterrupted access to it's services. Square Fundraising also makes no guarantees that it's service will be available at all times. Such occurrences as extremely high website traffic, power outage, natural disasters, changes in law, strikes, etc. may prevent access to Square Fundraising from all or part of the Internet. Square Fundraising will make every reasonable effort to restore access as soon as possible in the event the cause of the interruption is determined to be within it's control. Square Fundraising will not accept responsibility for any consequences resulting from disruptions in service.

6. YOUR REGISTRATION OBLIGATIONS
To register on Square Fundraising, fundraising managers/administrators need to select a type of subscription, enter a team name which will be utilized as a password for participation, their name, email address, street address, city, state, country, and zip code. Participating members must also accept the terms of service outlined in this document. Since vital fundraiser information is sent via email, please provide a valid email address. Fundraiser members will be required to enter similar information upon joining a private fundraiser. Should a user forget his/her password, they may reset their password and have the new password sent to them via the email address on record. If a user has changed email addresses, he/she should notify the fundraiser administrator immediately and the fundraiser administrator will make the necessary changes to the user's account record in an acceptable time frame. Fundraiser managers are personally responsible for accepting fundraiser donations either on their own, or through a digital Paypal or Venmo account. Fundraiser members are responsible for making payment directly to the team manager, through a Paypal/Venmo account with no fee, or with a debit/credit card directly to a manager's Paypal account with a fee charged to the member by Paypal (3.49% fee on dollar amount, and .49 per transaction).

7. USERNAME, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur under your username. You agree to (a) immediately notify Square Fundraising of any unauthorized use of your username or any other breach of security, and (b) ensure that cookies on your machine are managed in a secure manner. Square Fundraising cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

8. LOCATION OF FUNDRAISER – ADHERING TO STATE AND LOCAL LAW
Square Fundraising offers an automated platform for managers to provide safe and legal fundraising options through our secure platform. Square Fundraising does not  collect or distribute cash or prizes based on the results of fundraisers created and operated by managers in our site. Use of this site to facilitate illegal operations between persons is strictly forbidden. Square Fundraising managers and members are subject to all state/local laws, and agree hereby to have investigated and adhere to said applicable laws according to their own geographical location. Any and all raffles are strictly forbidden within Alabama, Hawaii, Florida, and California.

9. INVALIDITY OF SPECIFIC TERMS
If any provision of this TOS or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect.

10. LIABILITY LIMIT & DISCLAIMERS
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST INCOME OR PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO US IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

NEITHER SQUARE FUNDRAISING, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT SOFTWARE WILL BE ERROR-FREE; NOR DO SQUARE FUNDRAISING OR ANY OF THE FOREGOING PERSONS MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THE SOFTWARE OR SERVICES PROVIDED THROUGH THE SERVICE OR THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

11. INDEMNITY
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.