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Privacy - Terms

TERMS OF USE
This Site is provided by The Giving Center Inc. & The Giving Central Inc. (“The Giving Center Inc. & The Giving Central Inc.”) and may be used for information purposes only. By accessing or using this Site, or by conducting business with The Giving Center Inc. & The Giving Central Inc. or it’s agents or affiliates you agree to the terms and conditions contained in these Terms of Use which constitute an agreement between you and The Giving Center Inc. & The Giving Central Inc.. If you do not agree with these Terms of Use, do not use the Site or download any materials from the Site. As long as you comply with these Terms of Use, The Giving Center Inc. & The Giving Central Inc. and their affiliates grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.


Ownership/Use of Materials Contained On This Site
The Site contains material that is derived in whole or in part from material supplied by The Giving Center Inc. & The Giving Central Inc. (“The Giving Center Inc. & The Giving Central Inc.”) and its licensees, and is protected by U.S. and international copyright laws. No material (including but not limited to the text, images, audio and/or video) and no software or product of software used (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the "Materials") may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or de-compiled, reverse engineered or disassembled, except that you may download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of The Giving Center Inc. & The Giving Central’s Inc. or its licensees’ copyright, trademark and other proprietary rights. The use of any such Materials on any other web site or networked computer environment without The Giving Center Inc. & The Giving Central’s Inc. express written consent is prohibited. Except as expressly provided herein, The Giving Center Inc. & The Giving Central Inc. does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Limited License
Subject to the terms and conditions set forth in this Agreement, The Giving Center Inc. & The Giving Central Inc. grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the Materials.

Disclaimer
THE MATERIALS CONTAINED ON THIS SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. NEITHER THE GIVING CENTER INC. & THE GIVING CENTRAL NOR ANY OF ITS LICENSEES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. THE GIVING CENTER INC. & THE GIVING CENTRAL INC. RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. THE GIVING CENTER INC. & THE GIVING CENTRAL INC. MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. THIS SITE, THE INFORMATION, SERVICES, PROGRAMS AND MATERIALS MENTIONED OR REPRESENTED ON THE SITE, AND MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, PERFORMANCE, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Information Provided By You
The Privacy Policy associated with this Site protects any personally identifiable information you may provide to The Giving Center Inc. & The Giving Central Inc. via this Site. The Giving Center Inc. & The Giving Central Inc. does not want you to, and you should not, send any confidential or proprietary information to The Giving Center Inc. & The Giving Central Inc. via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to The Giving Center Inc. & The Giving Central Inc. will not be considered confidential or proprietary. By providing any such information or materials to The Giving Center Inc. & The Giving Central Inc., you grant to The Giving Center Inc. & The Giving Central Inc. an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that The Giving Center Inc. & The Giving Central Inc. is free to use any ideas, concepts, information or know-how that you or individuals acting on your behalf provide to The Giving Center Inc. & The Giving Central Inc. You further recognize that The Giving Center Inc. & The Giving Central Inc. does not want you to, and you warrant that you shall not, provide any information or materials to The Giving Center Inc. & The Giving Central Inc. that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

Limitation of Damages
IN NO EVENT SHALL THE GIVING CENTER INC. & THE GIVING CENTRAL INC. OR ANY OF ITS LICENSEES, AGENTS AND AFFILIATES BE LIABLE TO YOU OR ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED SITE, EVEN IF THE GIVING CENTER INC. & THE GIVING CENTRAL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Except where prohibited by law, in no event will The Giving Center Inc. & The Giving Central Inc., and their affiliates be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, whatsoever, even if The Giving Center Inc. & The Giving Central Inc., and their affiliates has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, The Giving Center Inc. & The Giving Central Inc., and their affiliates is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site, any Content, or services provided The Giving Center Inc. & The Giving Central Inc., and their affiliates liability shall in no event exceed the greater of $1.00(1) (one U.S. Dollar). Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Changes
The Giving Center Inc. & The Giving Central Inc. reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes. Please check back periodically to inform yourself of any changes.
The Giving Center Inc. & The Giving Central Inc. may terminate, change, suspend or discontinue any aspect of the The Giving Center Inc. & The Giving Central Inc. Site, including the availability of any features of the Site, at any time. The Giving Center Inc. & The Giving Central Inc. may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. The Giving Center Inc. & The Giving Central Inc. may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.

User Conduct
Users are not permitted to upload, transmit, distribute or otherwise publish through this Site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.

Linked Sites
The Giving Center Inc. & The Giving Central Inc. has provided links with other Internet sites that are maintained by third parties. The Giving Center Inc. & The Giving Central Inc. is not responsible for content or the practices of such third party sites. These terms and conditions apply solely to this Site and you should always review the terms and conditions of any site that you access through a link from this Site.

Indemnification
You hereby agree to indemnify and hold harmless The Giving Center Inc. & The Giving Central Inc. and its licensees, agents and affiliates against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including, but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss), incurred or suffered by The Giving Center Inc. & The Giving Central Inc. directly or indirectly by reason of any act or omission which you commit in breach of these terms and conditions and the obligations and warranties contained in them.
If The Giving Center Inc. & The Giving Central Inc. and their affiliates et al; and their affiliates does take any legal action against you as a result of your violation of these Terms, The Giving Center Inc. & The Giving Central Inc. and their affiliates et al; and their affiliates will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to The Giving Center Inc. & The Giving Central Inc. and their affiliates et al; and their affiliates no matter what the outcome. You agree that The Giving Center Inc. & The Giving Central Inc. and their affiliate’s et al; and their affiliates will not be liable to you or to any third party as a result of any violation of these Terms of Use.

Other
This site is controlled and operated by The Giving Center Inc. & The Giving Central Inc. from its agents or affiliates facilities in the United States of America. The Giving Center Inc. & The Giving Central Inc. makes no representations that materials in this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the state to be determined exclusively by The Giving Center Inc. & The Giving Central Inc. (California) in any legal action whether The Giving Center Inc. & The Giving Central Inc. be Petitioner or Respondent, State or federal action. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.

“Donor Bill of Rights”
The Giving Center Inc. & The Giving Central Inc. believes in the rights of donors and subscribes to the Donor Bill of Rights. This statement of rights was developed by the following organizations: the American Association of Fund Raising Counsel, Association for Healthcare Philanthropy, Council for Advancement and Support of Education, and National Society of Fund Raising Executives. The full text of the Donor Bill of Rights follows.
"Philanthropy is based on voluntary action for the common good. It is a tradition of giving and sharing that is primary to the quality of life. To assure that philanthropy merits the respect and trust of the general public, and that donors and prospective donors can have full confidence in the not-for-profit organizations and causes they are asked to support, we declare that all donors have these rights:

I. To be informed of the organization's mission, of the way the organization intends to use donated resources, and of its capacity to use donations effectively for their intended purposes.

II. To be informed of the identity of those serving on the organization's governing board, and to expect the board to exercise prudent judgment in its stewardship responsibilities.

III. To have access to the organization's most recent financial statements.

IV. To be assured their gifts will be used for the purposes for which they were given.

V. To receive appropriate acknowledgement and recognition.

VI. To be assured that information about their donations is handled with respect and with confidentiality to the extent provided by law.

VII. To expect that all relationships with individuals representing organizations of interest to the donor will be professional in nature.

VIII. To be informed whether those seeking donations are volunteers, employees of the organization or hired solicitors.

IX. To have the opportunity for their names to be deleted from mailing lists that an organization may intend to share.

X. To feel free to ask questions when making a donation and to receive prompt, truthful and forthright answers

PRIVACY POLICY
The following states The Giving Center Inc. & The Giving Central Inc. and its affiliate’s policy regarding the privacy rights of visitors to this website. We recognize the importance of protecting the privacy of visitors to our Site. This privacy policy describes the personal information that The Giving Center Inc. & The Giving Central Inc. and its affiliates will collect and how we manage that information along with the circumstances under which we may disclose that information.

In general, you can visit this Site without telling us who you are or revealing any information about yourself. Our web servers may collect the domain names, not the e-mail addresses, of visitors. We do not collect personally identifying information about you except when you voluntarily provide it (for example, when you contact us by email or request additional information). By providing personal information to The Giving Center Inc. & The Giving Central Inc. and its affiliates means that you agree and consent that The Giving Center Inc. & The Giving Central Inc., and its affiliates may collect, use and disclose your personal information in accordance with this privacy policy. If you do not agree with these terms do not provide any personal information to The Giving Center Inc. & The Giving Central Inc., and its affiliates. Failure to provide your personal information to The Giving Center Inc. & The Giving Central Inc., and its affiliates may prevent us from offering you the services and or programs you have requested. This Site is not intended for persons under 14 years of age.

What is personal information?
Personal information is any information about an identifiable individual. Personal information (e.g. name, address, age, etc.) does not include information that cannot be associated with or tracked back to a specific individual. Information that is publicly available, such as a telephone book listing, is also not considered to be personal information as it relates to this privacy policy.

USE OF COLLECTED INFORMATION
Domain name information that we collect is not used to identify you and instead is aggregated to measure the number of visits, average time spent on the site, pages viewed, etc. We use this information to measure the use of our Site and to improve the content of our Site.
When other information is collected from you, such as your name and e-mail address, we generally let you know at the time of collection how we will use the personal information. Personally identifying information The Giving Center Inc. & The Giving Central Inc., and its affiliates collects personally identifying information about individuals for such purposes as processing your requests, contacting individuals within the scope of the provision of service and ministry or otherwise responding to your needs, as well as to establish, maintain and manage our relationship with you. This information may be shared with one of our licensees, agents or affiliates but only if necessary to fulfill your request or for related purposes. We may share the personal information you provide with other companies we have hired to provide services for us. These companies - our vendors - are contractually bound to use personal information we share with them only to perform the services we have hired them to provide. We do not share, sell, or lease personal information about you to any third parties for their marketing use. We will release information about you if you direct us to do so, if we are required by law to do so, or in other legally limited circumstances. The request for donations within this web site is made only to our members only. While the general public can view most of the information in this web site, the portions of this web site for actually making donations are restricted to members of this Ministry only.

When will The Giving Center Inc. & The Giving Central Inc., Inc. and its affiliates disclose your personal information?
The Giving Center Inc. & The Giving Central Inc., Inc. and its affiliates shares your personal information only with its employees, vendors, and/or volunteers; who require such information to establish, manage and maintain our relationship with you. We may also disclose your personal information to third party service providers whom we engage to mail or otherwise disseminate our materials, process your requests, or answer your phone or email inquiries. These third party providers only have access to personal information that is needed to perform the related function and are not entitled to use it for any other purpose.

General Information
Accuracy of Information: The Giving Center Inc. & The Giving Central Inc., and its affiliates will do its best to ensure that any personal information provided is accurate, complete and current as required for the purposes for which the information is used.

Retention of Personal Information
The Giving Center Inc. & The Giving Central Inc., and its affiliates keeps personal information only as long as it is required for the reasons it was collected. The length of time we retain information will depend on the program, service or nature of the information. The retention period may extend beyond your relationship with us. When your personal information is no longer required for The Giving Center Inc. & The Giving Central Inc., and its affiliate’s purposes, the information is either physically destroyed or deleted. Children and Interaction with Children

The Children’s Online Privacy Protection Act (COPPA) governs information gathering online from or about children under the age of 13. We do not knowingly collect information from children under the age of 13. Verifiable consent from a child's parent or guardian is required before collecting, using, or disclosing personal information from or about a child under the age of 13. We collect no information about you or your child, other than that detailed in the previous section, when you visit our web site unless you choose to provide information to us.

*(Additional Information) As part of a nonprofit Organization that also provides social services to many communities nationwide, The Giving Center Inc. & The Giving Central Inc., and their affiliates qualify as mandated reporter under the Federal Child Abuse Prevention and Treatment Act (CAPTA) passed in 1974, all 50 states have passed laws mandating the reporting of child abuse and neglect. Any and all appropriate information will be aggressively reported to the appropriate authorities.

The Giving Center Inc. & The Giving Central Inc. and their affiliates may terminate any and all transactions at any time and for any reason that is deemed proper by The Giving Center Inc. & The Giving Central Inc. or their affiliates or exercise any other remedy available and if The Giving Center Inc. & The Giving Central Inc. or their affiliates believes that the User has violated the trust of, or has acted in a manner inconsistent with the best wishes of The Giving Center Inc. & The Giving Central Inc., and their affiliates, another User or the law; You agree that monetary damages may not provide a sufficient remedy to The Giving Center Inc. & The Giving Central Inc., or their affiliates for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations as deemed appropriate by The Giving Center Inc. & The Giving Central Inc., and their affiliates only.

The Giving Center Inc. & The Giving Central Inc. and their affiliates may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. The Giving Center Inc. & The Giving Central Inc., and their affiliates is not required to provide any refund to you if you are have in the opinion of The Giving Center Inc. & The Giving Central Inc., and their affiliates have violated these Terms of Use.

Disclaimers- The Giving Center Inc. & The Giving Central Inc., and their affiliates does not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any Content, search or link on it. The Site and its Content and services are delivered on an "as-is" and "as-available" basis. The Giving Center Inc. & The Giving Central Inc., and their affiliates disclaim all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. The viewer/user agrees that by using this site, services or other information disseminated directly or indirectly by The Giving Center Inc. & The Giving Central Inc., and their affiliates, that the aforementioned will not be liable for any damages of any kind arising from the use of this Site, use of services provided by The Giving Center Inc. & The Giving Central Inc., and their affiliates, including without limitation, direct, indirect, incidental, punitive and consequential damages.
The Giving Center Inc. & The Giving Central Inc., and their affiliates make no guarantee of any specific result from use of this Site or use of the services provided.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without The Giving Center Inc. & The Giving Central Inc., and their affiliates express prior written consent.


ACCESS TO COLLECTED INFORMATION
You may review and update the information that you provide to us through this Site by contacting us as described below.

COOKIES
This site may use cookies. A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a web site's computers and stored on your computer's hard drive.

SECURITY OF PERSONAL INFORMATION
No data transmission over the Internet, or by other means, can be guaranteed to be 100% secure. While we strive to protect your personally identifying information, we cannot ensure or warrant the security of any information you transmit to us. Once we receive your personally identifying information, we use reasonable efforts to ensure it is secure and not readily available to unauthorized individuals or third parties.

LINKS
This Site includes links to other sites such as sites operated by our agents and affiliates. We are not responsible for the data collection practices of any of these other sites. When visiting linked sites, you should refer to each such site’s privacy policy.

CHANGES TO THIS POLICY
We reserve the right, at our sole discretion, to change, modify, add or remove any portion of this Policy in whole or in part, at any time. Changes in this Policy will be effective when notice of such change is posted. It is your responsibility to check these Terms of Use periodically for changes. Please check this privacy policy periodically to inform yourself of any changes.

CONTACT INFORMATION
If you have questions or comments about our privacy policy or if you wish to remove your name from our databases, you may contact us. Our privacy policies are under frequent review. We encourage you to review this policy periodically.

The Giving Center Inc. & The Giving Central is a not for profit organization, with all board members serving on a voluntary basis. The continued support and generous donations made by our many generous sponsors will help allow The Giving Center Inc. & The Giving Central to continue in our mission to help support those in need.

Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, services or “other” matters (Any and all) including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of law’s provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Whatever County deemed proper by The Giving Center Inc. & The Giving Central Inc. and their affiliate’s et al; and their affiliates. Currently being Fresno, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees unless otherwise stated in these terms and conditions. In the event of any controversy or dispute between The Giving Center Inc. & The Giving Central Inc. and their affiliate’s et al; and their affiliates and you arising out of or in connection with your use of the Site or services provided, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. The request for donations within this web site is made only to our members only. While the general public can view most of the information in this web site, the portions of this web site for actually making donations are restricted to members of this Ministry only.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and The Giving Center Inc. & The Giving Central Inc. and their affiliates et al; and their affiliates with regard to your use of the Site and or services provided, and any and all other written or oral agreements or understandings previously existing between you and The Giving Center Inc. & The Giving Central Inc. and their affiliates et al; and their affiliates with respect to such use are hereby superseded and cancelled. The Giving Center Inc. & The Giving Central Inc. and their affiliate’s et al; and their affiliates will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. The Giving Center Inc. & The Giving Central Inc. and their affiliates et al; and their affiliates failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by The Giving Center Inc. & The Giving Central Inc. and their affiliates et al; and their affiliates of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between The Giving Center Inc. & The Giving Central Inc. and their affiliates et al; and their affiliates and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

 

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