Fundraising By Net and MyELeader MyPartyBuilder, MyeAdvocacy Terms of Services

Fundraising by Net (FNB) is web based software that allows for a secure method of donating money online aka donationpages.com. MyELeader (MEL) and all its other affiliated names is an additional program that helps advocates raise money online powered by FBN software. The use of FBN and MEL allows its customers to use sophisticated email fundraising tools. FBN and MEL also provide Website visitors who have created personal Web pages email fundraising tools. These tools provide convenient ways to communicate with friends and family on a personal level; they are not designed for sending out bulk emails. Both programs are meant solely for the purposes of collecting donations and no other purpose. It is the duty of the user to make sure they comply with all applicable federal, state and local laws. In no way is the licensor of FBN or MEL liable for any damages and all disclaimers and terms also applied to licensor of the technology. All donations are processed through Bank of America, polices are posted at www.bankofamerica.com/privacy/index.jsp

These terms of use apply to your use of FBN AND MEL websites AND ALL WHO USE FBN AND MEL TO COLLECT DONATIONS. INCLUDING all associated services If you Browse, USE, or donate through FBN AND OR MEL you explicitly accept these conditions. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

USER PERSONAL GAURNTEE
Users acknowledges that by using this software they shall be responsible for any and all Chargebacks, as well as fines, assessments, and fees related to or arising out of such Chargebacks, and will pay Fund Raising By Net, LLC (FBN) upon demand. User further acknowledges that FBN may assess a Chargeback Fee for each Chargeback arising from the activities of User, or any other charges as may be established by User from time to time. The liability of User shall not be affected by any settlement, modification, release, waiver, discharge or variation of terms of any obligation of User or any other person or by any failure of FBN to exercise or enforce any of its rights against User. User hereby waives notice of acceptance of guarantee, notice of demand, prosecution of collection, all exemption and homestead laws and all setoffs and counterclaims.

The User waives any right to require FBN to proceed against other persons or entity. This is a guarantee of payment and not of collection. This is a continuing guarantee and shall remain in effect until one hundred-eighty (180) days after receipt by FBN of written notice by User terminating or modifying the same. The termination of the Agreement or this guarantee shall not release User from liability with respect to any obligations incurred prior to the effective date of termination. No termination of this guarantee shall be effected by the dissolution of User, by any change in legal status of User or any change in the relationship between FBN and User.

Registration Data; Account Security
In consideration of your use of the Site and Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

Content
Text, graphics, data, and other content posted by users on FBN and MEL are the sole responsibility of those users. This means that (a) FBN does not control and is not responsible for the accuracy, integrity, or quality of user-created content, and (b) users, and not FBN and MEL, are entirely responsible for all content you post or otherwise make available via FBN and MEL. FBN, LLC reserves the right to remove or edit user-created content, but shall not be obligated to do on any particular basis. The use of any data mining, robots or similar data gathering or extraction methods is strictly prohibited and will terminate the users ability to access sites. The content you post or otherwise make available via FBN and MEL may not be illegal, obscene, threatening, defamatory, or otherwise injurious to third parties. You may not impersonate any person or entity, or otherwise mislead as to the origin of your content. You will indemnify FBN, LLC or its affiliates for all claims resulting from content you supply. Further, you may not make use of FBN and MEL website or services to forge e-mail headers, or send bulk unsolicited e-mail messages ("spam").

Personalized Web Pages
FBN and MEL enable its customers to allow their supports to create personalized individualized social networking sites. FBN and MEL also enable customers to allow supporters to create content including but not limited to email that bring visitors to these personalized supporter pages. Such personal supporter pages as well as the customer associated with these pages are readily identifiable. Going to a personal supporter pages you are agreeing to let FBN and MEL to collect information about your session visits. This information, and also provide it to our customers, for aggregate statistical analysis. If a visitor provides personal information on these supporter pages, then we make this information available only to the customer associated with the pages.

User-Contributed Content
Text, graphics, data, and other content posted by users of FBN or MEL are the sole responsibility of those users. This means that (a) FBN or MEL does not control and is not responsible for the accuracy, integrity, or quality of user-created content, and (b) you, and not FBN and MEL, are entirely responsible for all content you post or otherwise make available via FBN and MEL. FBN and MEL reserve the right to remove or edit user-created content, but shall not be obligated to do on any particular basis. The content you post or otherwise make available via FBN and MEL may not be illegal, obscene, threatening, defamatory, or otherwise injurious to third parties. You may not impersonate any person or entity, or otherwise mislead as to the origin of your content. You will indemnify FBN and MEL or its affiliates for all claims resulting from content you supply. Further, you may not make use of FBN and MEL website or services to forge e-mail headers, or send bulk unsolicited e-mail messages ("spam").

User Conduct
In addition, you agree not to use the Service or the Site to:

• use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the FBN or MEL;
• use automated scripts to collect information from or otherwise interact with the Service or FBN and MEL;
• upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
• upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
• register for a User account on behalf of an individual other than yourself;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
• upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• intimidate or harass another;
• upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
• upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.

Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of FBN and MEL to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification from FBN, LLC by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the FBN and MEL in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. FBN, LLC’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Fundraising By Net, Cardinal Law Group Copyright Agent, 1603 Orrington Ave., Suite 2000, Evanston, IL 60201, 1-847-905-7111

Protection of Proprietary Material, Intellectual Property Rights, Copyright Protection Software and Confidential Information
Notwithstanding any provision to the contrary herein, by virtue of this Agreement, FBN, LLC shall retain, and user shall not claim or be entitled to (i) ownership interest or title to, any or all rights to the License and Services, or any part thereof, of any techniques and ideas embedded therein, copies and derivative works thereof (by whomever produced, including all changes and improvements requested or suggested by user), and related documentation and materials, and (ii) copyrights, patent rights, logos or marks of any type, trade secret rights and other proprietary rights in the License and Services. User agrees not to copy, reproduce, reverse engineer, disassemble, decompile, customize, translate, or alter FBN and MEL, attempt to unlock or by-pass any access prevention device in FBN or MEL or have anyone else do so.

FBN and MEL Platform Applications
The FBN and MEL Platform uses a set of APIs, which can be standard or through upgrade options, and services provided by third party vendors to send emails, manage compliance issues, send cards, etc. These third party vendors can create these applications in accordance with the terms and conditions set forth in an agreement entered into between FBN, LLC license agreement with its supplier of technology and the third party vendor. These agreements with certain third party developers have their own terms of service and any and all problems with these applications are not the responsibility of FBN, LLC. ALL USE OF FBN AND MEL PLATFORMS ARE PROVIDED "AS IS" AND AT YOUR OWN RISK.

Campaign Finance Laws and Disclaimers
Political contributions are governed by campaign finance laws. FBN and MEL make its best efforts to ensure that all contributions made on the FBN and MEL site are in accordance with these laws. There is a dynamically created content with federal and state campaign laws this is not meant to be legal advice. This content may be incorrect and it is the users who should update the fields to correct the content. Users have the final responsibility for ensuring compliance. FBN, LLC has no way of knowing how much money has been contributed to campaigns through different avenues and is the responsibility of the user not to exceed the contribution limits. Additionally, there may be disclaimer requirements for some political messaging and again it is the responsibility of the campaign to comply with these requirements.

Creating Your Own Greetings and Photos Video and/or Images
FBN and MEL may allow you to create your own greetings by uploading your own photos, artwork and other materials. Users are subject to the conditions outlined in these Terms. When you upload photos and/or images to the Site you are indicating that you own the photo and/or image and/or have full rights to its use. When Users upload material to the Site and use it to create a greeting, your material will be used for the transmission of your digital greeting; however, we may also use such material in the course of performing testing, training and/or archiving of our and our affiliates' systems and hereby expressly reserve the right to do so. Any digital Images must be configured to a certain quality standard and that is the sole responsibility of the user and not FBN, LLC.

Contests/Rewards
From time to time, FBN and MEL or users of such systems may sponsor contests, rewards and sweepstakes on their FBN and MEL sites. Participation in such programs is entirely voluntary. FBN and MEL do not condition access to any goods or services it offers on participation in any contest and fulfillment of these contest and rewards are not the responsibility of FBN, LLC. If you elect to enter any such contest, your participation shall be governed exclusively by the contest and reward rules available through the entry forms set by the sponsor or in these Terms of Service. You agree to strictly abide by any and all contest and reward rules. Any personally identifiable information you provide in conjunction with any contest shall become the property of FBN, MEL and Sponsor and you hereby consent to receive special promotions and offers from FBN, MEL and Sponsor. In the event that you are awarded any prizes or other consideration, you give FBN and MEL permission to use your name, likeness, portrait, recorded voice, and biographical information to advertise, publicize, or promote FBN and MEL, its products and services, and no additional consideration shall be paid for such rights.

No Warranty
THIS SITE IS PROVIDED BY FUNDRAISING BY NET AND MYELEADER ON AN "AS IS" AND "AS AVAILABLE" BASIS. FUNDRAISING BY NET AND MYELEADER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WHETHER BASED UPON THE NATURE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, AS TO THE OPERATION OF THIS SITE, OR THE ACCURACY, TIMELINESS, OR COMPLETENESS OF INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND ANY INFORMATION CONTAINED HEREIN IS AT YOUR SOLE RISK. FUNDRAISING BY NET AND MYELEADER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Refund policy
FBN and MEL follow contributors' instructions in accordance with Federal and state laws, and disburse funds on a regular basis to campaigns and committees. If users identify an error within five (5) days of making your contribution, please contact us immediately. If we have not yet disbursed funds, we will reverse the contribution. If the funds have already been disbursed, you should contact the recipient(s) of your contribution(s) directly.

Resolution of Disputes
If a dispute arises between you and FBN, LLC, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and FBN, LLC regarding our Services may be reported to Customer Service 1-888-932-2946. If you are unable to resolve your issue by working directly with us, FBN, LLC will consider reasonable requests to resolve disputes through alternative dispute resolution procedures, such as mediation or binding arbitration as alternatives to litigation. Accordingly, you and FBN, LLC agree to resolve any claim in accordance with this Agreement, or as otherwise agree to in writing. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $100,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. All claims you bring against FBN, LLC or its Licensor of Technology must be resolved in accordance with this section of these. All claims filed or brought contrary to section shall be considered improperly filed a breach of this Agreement and Terms. Should you file a claim contrary to this section, FBN, LLC or its Licensor of Technology may recover attorney's fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD, provided that FN, LLC or its Licensor of Technology has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Severability and Governing Law
Each of the provisions of this Terms of Service shall be enforced independently of any other provision, claim, or cause of action. If any provision of this Terms of Service shall be held invalid, illegal, or unenforceable in any jurisdiction, it shall not render this entire Terms of Service unenforceable, but rather this Terms of Service shall be equitably modified, if possible, to most reasonably effectuate the intention thereof, and the invalid or unenforceable provision shall be severed and the remaining provisions of the Terms of Service shall continue to be binding upon the Parties. By visiting or using the Site and/or the Service FBN and MEL, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in Du Page County Illinois, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to, venue and jurisdiction in the state of Illinois.

Limitation on Liability
IN NO EVENT WILL FBN, LLC OR ITS LICENSOR OF TECHONLOGY’S DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST DONTATIONS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification
You agree to defend, indemnify and hold FBN, LLC, its parent, officers, directors and employees and Licensor of Technology harmless from any claim or demand (including attorney’s fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Services.

Entire Agreement
These Terms of Use set forth the entire agreement between you and FBN, LLC and supersedes all prior and contemporaneous contracts, representations, and understandings of the parties except for the licenses agreement.