Terms of Service
Last updated: January 22, 2021
We appreciate you using our platform and services ("Services"). The Services are provided by eDonor Software LLC ("eDonor", "we", or "us"), located at 17890 County Road 5, Berthoud, CO 805013, United States. This Terms of Service Agreement (the “Terms”) is an agreement between you (the "User") and eDonor.
By using our Services, you are agreeing to these Terms, our Privacy Policy and any other legal notices, conditions and/or guidelines posted on our site. Additional Terms will be available with the applicable Services, and those additional Terms become part of your agreement with us if you use those Services.
What We Own
All eDonor trademarks and service marks, logos, slogans and taglines are the property of eDonor. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on eDonor without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.
All Services available on the Site, and all Services provided by or through eDonor, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, informational text describing eDonor and our Services, software documentation, design and layout of software ("look and feel"), or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Materials"), are owned by us.
What You Provide to Us
Some of our Services allow you to upload, submit, store, send or receive data, text, photographs/images (including links to 3rd party hosted photographs/images), videos (including links to 3rd party hosted videos), or other materials uploaded, posted or stored in connection with your use of the Services (collectively the "Content"). You retain ownership of any intellectual property rights that you hold in that Content.
You are legally responsible for all Content. eDonor is not responsible for your Content.
Content displayed in our Services is the sole responsibility of the entity that makes it available. We may review Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review Content, so please don’t assume that we do.
You hereby grant eDonor a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services and hereby represent and warrant that you have all the rights necessary to grant us such license.
Rights to Use Our Services
Subject to this Agreement, eDonor hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the Materials through a secure interface ("Account"), to the extent, and only to the extent, necessary to access and use the Services in accordance with the terms of this Agreement. This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials or otherwise distribute in any way the Materials other than as specifically permitted in this Agreement.
You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Materials, create derivative works based on or in any manner commercially exploit the Materials, in whole or in part, other than as expressly permitted in this Agreement. Any use of the Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.
You agree to fully and accurately provide the information requested by us when setting up your Account and to regularly update such information. Your failure to do so may result in the cancellation of your Account and loss of Services.
To protect your eDonor Account, keep your password confidential. You are responsible for the activity that happens on or through your eDonor Account.
Misuse of our Services, such as attempts to interfere with or try to access them using a method other than the interface and the instructions that we provide will result in cancellation of your Account and loss of Services. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and thoughtfulness.
There are, however, certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER EDONOR NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
TO THE EXTENT PERMITTED BY LAW, EDONOR AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF EDONOR, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, EDONOR, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Indemnification
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify eDonor and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Privacy
eDonor’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that eDonor can use such data in accordance with our privacy policies.
Communication
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
