Blackbaud, Inc. Technology and Blackbaud, Inc. Content Terms of Use

Blackbaud, Inc. (“Blackbaud”) provides technology which powers the Visa Giving Gateway website located at www.visagiving.com. Blackbaud also provides certain proprietary content on the Visa Giving Gateway, including, without limitation, the “Nonprofit Central Database”, which consists of data obtained from the IRS 990 database, as well as from nonprofits submitting content on their own behalf. Your access to and use of such technology and content (collectively, the “Blackbaud Content”) is subject to the following terms and conditions (the “Terms of Use”). In addition, your use of Visa Giving Gateway is fully subject to the Visa Giving Gateway Terms of Service. To the extent there is a conflict between the terms of these Terms of Use and the Visa Giving Gateway Terms of Service, the terms contained in the Visa Giving Gateway Terms of Service will govern and control. Notwithstanding anything contained herein to the contrary, you acknowledge and agree that Visa U.S.A. Inc. (“Visa”) and its affiliates, and each of their officers, directors, shareholders, employees and agents shall have no liability under any cause of action arising from or in connection with Blackbaud Content.

These Terms of Use constitute a binding contract between You and Blackbaud. Your access to and continued use of the Visa Giving Gateway and/or the Blackbaud Content thereon constitutes your acceptance, without limitation, of the terms and conditions of these Terms of Use. If you do not agree to be bound by these Terms of Use, you may not access or use Blackbaud Content.

Permitted and Prohibited Uses

Permitted Uses. You may access Blackbaud Content for the following and other related purposes (collectively, "Permitted Uses"):

  1. to learn about nonprofit organizations for the purposes of evaluating them as recommended charities to receive grants, to make donations at Visa Giving Gateway and to track your receipts for donations; or
  2. if You are an nonprofit entity that appears at Visa Giving Gateway, for the purposes of reviewing your listing within the Blackbaud Content and the accuracy thereof. We encourage you to notify us (by sending an email to Feedback@Blackbaud.com) of any inaccuracies so your listing may be updated.

Prohibited Uses. You may not:

  1. use the Blackbaud Content other than as authorized by these Terms of Use;
  2. use the Blackbaud Content for the benefit of any third party, other than as part of a Permitted Use;
  3. republish or distribute information from the Blackbaud Content (including by posting same on any other Web site);
  4. modify information from the Blackbaud Content except in connection with a Permitted Use;
  5. disassemble, decode, decompile, or otherwise reverse engineer the Blackbaud Content, including, without limitation, any interfaces or software programs comprising the Blackbaud Content ;
  6. take any action that would impede or interfere with the operation of Blackbaud Content or alter the contents thereof, or alter or interfere with any other content or software that Blackbaud owns or uses Blackbaud technology;
  7. directly or indirectly, change, recompile, reframe, rent, sell, distribute or publish any of the Blackbaud Content, any database thereon and/or any content thereon, or any portion thereof;
  8. use any data mining, robots or similar data gathering and extraction methods with respect to the Blackbaud Content or any portion thereof; or
  9. use the Blackbaud Content directly or indirectly in competition with Blackbaud in any way whatsoever.
  10. use Blackbaud Content in any way that violates Blackaud’s Acceptable Use Policy

Legal Notices and Proprietary Rights

You agree not to take any action that would infringe, misappropriate, or violate Blackbaud's, its licensors or any third party’s intellectual property interests.

The Blackbaud Content (including, without limitation, the database and Blackbaud Content appearing on Visa Giving Gateway) is copyrighted subject matter owned by Blackbaud and is protected by United States and international copyright law. Other than as may be specifically permitted hereby, you may not reproduce, modify, distribute or publicly display Blackbaud Content, in whole or in part, except as provided under these Terms of Use or as expressly authorized in writing by Blackbaud.

ACCURACY AND WARRANTY DISCLAIMERS

Blackbaud does not warrant or guarantee the accuracy, quality, completeness, currency, or validity of any content including, without limitation, the Blackbaud Content which may be made available on the Visa Giving Gateway (including, without limitation, any database accessible via the Visa Giving Gateway (such as the Nonprofit Central Database)) or linked to from the Visa Giving Gateway.

Due to, among other things, the possibility of human and/or mechanical error, Blackbaud shall not be responsible for any errors or omissions related to Blackbaud Content. Blackbaud makes no representations as to the accuracy or integrity of the information contained therein, including, without limitation, any content thereon. Blackbaud shall not be liable for any damages of any kind incurred as a result of Blackbaud Content.

BLACKBAUD MAKES NO WARRANTY THAT THE VISA GIVING GATEWAY OR THE BLACKBAUD CONTENT IS BUG FREE OR ERROR FREE, THAT SAME WILL OPERATE WITHOUT ANY INTERRUPTION, OR THAT USE OF SAME WILL RESULT IN ANY PARTICULAR RESULTS. THERE ARE NO WARRANTIES AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY INFORMATION OR AGAINST INFRINGEMENT. BLACKBAUD CONTENT IS PROVIDED "AS IS" AND "WITH ALL FAULTS." BLACKBAUD HAS MADE AND MAKES NO OTHER WARRANTIES, AND IT DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, OR ARISING BY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES RELATING TO NONINFRINGEMENT, NONINTERFERENCE, ACCURACY, MERCHANTABILITY, TIMELINESS, PERFORMANCE, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR THAT ANY INFORMATION, EFFORTS, SERVICES OR SYSTEM PROVIDED BY BLACKBAUD WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. BLACKBAUD MAKES NO REPRESENTATIONS OR WARRANTIES ON BEHALF OF ITSELF WITH RESPECT TO THIRD PARTY SOFTWARE OR EQUIPMENT AND EXPRESSLY EXCLUDES ANY AND ALL LIABILITY ARISING FROM OR RELATING TO A THIRD PARTY'S SOFTWARE AND/OR EQUIPMENT.

LIMITATIONS ON LIABILITY; INDEMNITY

IN NO EVENT SHALL BLACKBAUD (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS) HAVE LIABILITY FOR PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST BUSINESS, LOST PROFITS, OR LOST DATA) ARISING IN CONNECTION WITH THESE TERMS OF USE, VISA GIVING GATEWAY, THE NONPROFIT CENTRAL DATABASE, ANY DATABASE, THE BLACKBAUD CONTENT OR CONTENT THEREON OR THE USE OR INABILITY TO USE VISA GIVING GATEWAY, OR ANY DATABASE OR CONTENT THEREON, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES ARE CLAIMED OR REGARDLESS OF WHETHER BLACKBAUD HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. NOT ALL STATE LAWS ALLOW SUCH LIMITATIONS, AND YOUR RIGHTS MAY VARY.

You agree to indemnify, defend and hold harmless Blackbaud, its affiliates, and their respective officers, directors, employees, agents, successors, assigns, licensors, partners, joint venturers, customers and any other person or entity involved in the creation, production and/or distribution of the Visa Giving Gateway or the Blackbaud Content, from and against any and all claims, liabilities, costs and expenses (including, without limitation, attorneys' fees and expenses) incurred in connection with or arising from any breach by you of these Terms of Use or resulting in connection with or arising from your use the Visa Giving Gateway or the Blackbaud Content.

Endorsement Disclaimer

Blackbaud does not endorse, support, sanction, or verify the information or material on or accessible via the Visa Giving Gateway or the Blackbaud Content. Unless otherwise specifically indicated, Blackbaud does not endorse and has no affiliation with any of the organizations mentioned, listed in, described on or linked to via the Visa Giving Gateway or the Blackbaud Content, and it makes no representations or warranties whatsoever with regard to those organizations or any other organization, entity or person.

Disclaimer Regarding Financial and Legal Advice

The information provided through Blackbaud Content is provided for educational and informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on in that respect. We suggest that you consult an attorney, accountant, and/or financial advisor to answer any financial or legal questions.

Disclaimer Regarding Third Party Content and Documents Uploaded to the VISA Giving Gateway

For those uploading content through the Visa Giving Gateway or the Blackbaud Content, you are solely responsible for such content. Blackbaud and its affiliates make no representations or warranties of any kind, whether express or implied, regarding Blackbaud Content. Blackbaud will not be held liable for any damages. Likewise, Blackbaud and its affiliates make no representations or warranties of any kind, whether express or implied, regarding any Third Party Content on the Visa Giving Gateway. Blackbaud will not be held liable for any damages.

Termination; Equitable Remedies

Blackbaud may terminate these Terms of Use (including your rights hereunder) at any time, with or without notice and with or without cause. Terms of these Terms of Use that, by their nature, survive the termination or expiration of these Terms of Use, shall so survive.

You acknowledge and agree that any unauthorized use or disclosure by you of Blackbaud Content or any infringement or violation of Blackbaud's intellectual property rights, shall cause Blackbaud irreparable injury for which Blackbaud could not be fully compensated by money damages. You agree that, in the event of such a violation, Blackbaud would be entitled to seek and recover (in addition to any other available remedies) preliminary and permanent injunctive relief without the necessity of posting bond or security, and further that Blackbaud would be entitled to recover from you its attorneys' fees and costs incurred in seeking and obtaining such relief.

Force Majeure

Blackbaud shall have no liability whatever for delays or interruptions in delivery or accessibility of any of Blackbaud Content, interruptions of service or other breach of these Terms of Use due to fire, explosion, lightning, power surge or failure, water, acts of God, war, civil disturbance, terrorism, acts or omissions of communications carriers, or other causes beyond Blackbaud's reasonable control.

Dispute Resolution

These Terms of Use shall be governed and construed by the laws of the State of South Carolina, without regard to its choice of law rules. You agree that, by entering into these Terms of Use and accessing and/or using the Blackbaud Content, you are transacting business in the State of South Carolina and are subject to jurisdiction in its courts. Any legal or equitable action arising from these Terms of Use or in connection with the Blackbaud Content shall be commenced and maintained in a court of competent subject matter jurisdiction within the State of South Carolina, and You consent to personal jurisdiction and venue in any such court. In the event it is held that jurisdiction or venue is wanting in such a court, an action then may be commenced in any other court having proper jurisdiction under applicable statutes and court rules. In the event of any dispute adjudicated between the parties, whether in litigation or permitted appeal, the prevailing party shall be entitled to recover from the party not prevailing its reasonable attorneys' fees and costs incurred in such proceeding. The parties agree that neither may bring a claim or assert a cause of action against the other, in any forum or manner, more than one (1) year after the cause of action accrued, except where the party could not have reasonably discovered the wrong giving rise to the claim within the basic facts supporting the claim within one (1) year. Notwithstanding anything contained in the foregoing or these Terms of Use to the contrary, and for the avoidance of doubt, this Dispute Resolution section, in its entirety, shall be superseded by the “Disputes” section set forth in the Visa Giving Gateway Terms of Service in the event Visa or any of its affiliates are named or otherwise involved in any legal or equitable action in connection with Visa Giving Gateway (including, without limitation, Blackbaud Content), regardless of whether Blackbaud is named or involved in such legal or equitable action.

Modification of These Terms of Use

Blackbaud reserves the right, in its sole discretion, to modify, alter, or otherwise revise these Terms of Use at any time by posting such modified versions on the Visa Giving Gateway. You agree to monitor regularly these Terms of Use as they appear on the Visa Giving Gateway. Your continued use of the Visa Giving Gateway and/or the Blackbaud Content after the posting of any modified versions shall constitute your agreement to these Terms of Use. These Terms of Use may not otherwise be modified or amended.

Notices

Except as is stated herein to the contrary, any notices to Blackbaud must be given by postal mail sent to Blackbaud's headquarters as then listed on the Visa Giving Gateway. Any notices to you will be sent to the e-mail address that you provide to Blackbaud.

Severability

Should any term of these Terms of Use be finally held by a court of competent jurisdiction to be invalid, unenforceable, void, or otherwise contrary to law or equity, Blackbaud and you agree that such provision shall be automatically severed and the remainder of these Terms of Use that can be given effect shall continue to be given effect.

Entire Agreement

Subject to the following sentence, these Terms of Use constitute the entire agreement between Blackbaud and you with respect to the subject matter of these Terms of Use - specifically Blackbaud Content - and supersede all prior agreements, understandings or representations between you and Blackbaud with respect to the subject matter of these Terms of Use. In the event of a conflict between these Terms of Use and any such other agreement to which you have agreed or in the future agree, the terms of such other agreement shall control. These Terms of Use may not be modified except in writing and as is permitted herein.

Supporting your favorite charity has never been faster or easier with Visa.

Visa Giving Gateway is powered by Blackbaud.  For support please review our frequently asked questions or contact Blackbaud at 1.877.801.7249.

Information in charity profiles comes from the charity and the IRS, and is not verified or endorsed by Visa.Visa or Blackbaud do not verify, endorse or sponsor any charities, including Featured Charities, at or through Visa Giving Gateway. Neither Visa nor Blackbaud makes solicitations. Donations made through Visa Giving Gateway are solicited, collected, received and processed by Renaissance Charitable Foundation Inc. (RCF), a registered 501(c)(3) publicly supported charity, who will in substantially all cases grant the amounts donated (less an administrative fee) to the charities recommended by donors. RCF has exclusive legal control over all donations. Like any tax-deductible contribution, donations are non-refundable. Learn More.

Blackbaud Terms of Use