VISA® GIVING GATEWAY TERMS OF SERVICE

IMPORTANT: PLEASE CAREFULLY READ THE FOLLOWING TERMS OF SERVICE (“TERMS”) BEFORE ENROLLING IN OR OTHERWISE USING VISA GIVING GATEWAY (“GIVING GATEWAY”). BY CHECKING THE AGREE TO TERMS BOX ON THE DONATION PAGE, registering for a giving gateway account (“Account”), making a donation at giving gateway, OR OTHERWISE USING GIVING GATEWAY, you represent and warrant that you have the right, authority and capacity to CONSENT TO THESE TERMS IN THEIR ENTIRETY AND YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND FULLY ACCEPT AND AGREE TO ALL OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO ENROLL IN OR OTHERWISE USE Giving Gateway TO MAKE DONATIONS OR FOR ANY OTHER PURPOSE.

1. Giving Gateway

Giving Gateway is an online service provided by Visa U.S.A. Inc. (“Visa,” “us,” “we” or similar pronoun) through which Visa cardholders can make donations with their Visa card to nearly 1 million IRS qualified §501(c)(3) public charities that are described in §§509(a)(1) and 509(a)(2) through one online portal. Giving Gateway is powered by Blackbaud, Inc. (“Blackbaud”), a third party service provider to Visa. Donations made at Giving Gateway are solicited, collected, received and processed by Renaissance Charitable Foundation Inc. (“RCF”), a public charity as defined in §§501(c)(3), 509(a)(1) and 170 (b)(1)(A)(vi) of the Internal Revenue Code and a third party to Visa, who in substantially all cases will grant the amounts donated (less an administrative fee) to the charity recommended by the donors (each, a “Benefiting Charity”).

As used in these Terms, the term “Giving Gateway” shall also refer to the Giving Gateway website (whether operated as a domain or subdomain, the “Website”), the logos, designs, text, images, videos, graphics, software and other content and materials of Visa or its licensors available through Giving Gateway, and the selection and arrangement thereof (collectively, “Content”), and the Blackbaud hardware, software and networks associated with making Giving Gateway available to you (collectively, the “Giving Gateway System”).

Unless explicitly stated otherwise, any new features or functionality that augment or enhance Giving Gateway in the future shall be considered part of Giving Gateway and subject to these Terms.

By enrolling in or otherwise using Giving Gateway, you represent and warrant that: (a) you are a legal resident of the 50 United States or the District of Columbia; (b) you are at or above the legal age of majority in your jurisdiction of residence; (c) you own or have sufficient authorization to use a personal computer to access and use Giving Gateway; (d) you are authorized to use the Visa card designated to make a donation at Giving Gateway; and (e) you will access and use Giving Gateway in accordance with these Terms.

While this is the Visa Giving Gateway, Visa is not soliciting contributions from the public nor will it solicit contributions from the public for the purpose of making grants for the benefit of recommended charities or charitable causes. Only RCF is and will be making such solicitations and grants. Contributions are made directly to RCF even though cardholders have the ability to recommend a charity to receive a donation from RCF. RCF will in substantially all cases grant the amount of each contribution it receives from a donor (less an administrative fee) to the Benefiting Charity.

2. RCF

RCF, a §501(c)(3) public charity, is the entity that solicits, collects, receives and processes donations and, in substantially all cases, grants the amounts donated (less an administrative fee) to the Benefiting Charity recommended by donors in connection with Giving Gateway. RCF performs some of these functions using Blackbaud technology. Blackbaud is a provider of software and services to the nonprofit community and does not solicit any contributions from any individual or entity nor does Blackbaud provide fundraising counsel. Like any tax-deductible contribution, your donation is non-refundable. If your recommended Benefiting Charity cannot or does not accept the donation, including, without limitation, if the recommended Benefiting Charity is no longer recognized by the IRS as a public charity or is not in good standing with federal regulators, RCF will attempt to contact you via email for an alternate recommendation. If RCF does not receive a response to this email within 30 days or if RCF cannot contact you via email, RCF will select another charity that RCF believes meets high public standards and whose mission is similar to the organization that you originally selected or a “featured charity”.

You acknowledge and agree that donations made at Giving Gateway are not made directly to the Benefiting Charities. Rather, all donations are made to and received by RCF and RCF in substantially all cases grants the amounts donated (less an administrative fee) to the recommended Benefiting Charities.

RCF represents and warrants that: (i) it is a tax-exempt public charity described in Sections 501(c)(3), 509(a)(1) and 170(b)(1)(A)(vi) of the Internal Revenue Code; (ii) it is registered to solicit contributions in every state and make grants in every state where such registration is required, including the District of Columbia; and (iii) it is in good standing in all such states so registered.

The following disclosure notices are required by state charitable solicitation laws:

(1) FLORIDA: A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE FLORIDA DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE (1-800-435-7352) WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE OF FLORIDA. OUR FLORIDA REGISTRATION NUMBER IS CH13085. (2) MARYLAND: A copy of the current financial statement of Renaissance Charitable Foundation Inc. is available by writing 6100 W. 96th St., Suite 105, Indianapolis, IN 46278 or by calling (866) 803-0389. Documents and information submitted under the Maryland Solicitations Act are also available, for the cost of postage and copies, from the Maryland Secretary of State, State House, Annapolis MD 21401, (410) 974-5534. (3) MISSISSIPPI: The official registration and financial information of Renaissance Charitable Foundation Inc. may be obtained from the Mississippi Secretary of State's office by calling 1‑888‑236‑6167. Registration by the Secretary of State does not imply endorsement by the Secretary of State. (4) NEW JERSEY: INFORMATION FILED WITH THE ATTORNEY GENERAL CONCERNING THIS CHARITABLE SOLICITATION MAY BE OBTAINED FROM THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY BY CALLING (973) 504-6215. REGISTRATION WITH THE ATTORNEY GENERAL DOES NOT IMPLY ENDORSEMENT. (5) NEW YORK: A copy of the current financial statement of Renaissance Charitable Foundation Inc. may be obtained by writing 6100 W. 96th St., Suite 105, Indianapolis, IN 46278 or by writing the New York State Attorney General’s Charities Bureau, Attn: FOIL Officer, 120 Broadway, New York, New York 10271. (6) NORTH CAROLINA: Financial information about this organization and a copy of its license are available from the NORTH CAROLINA State Solicitation Licensing Branch at (919) 807-2214. The license is not an endorsement by the State. (7) PENNSYLVANIA: The official registration and financial information of Renaissance Charitable Foundation Inc. may be obtained from the Pennsylvania Department of State by calling toll free, within Pennsylvania, 1-800-732-0999. Registration does not imply endorsement. (8) VIRGINIA: A copy of the current financial statement of Renaissance Charitable Foundation Inc. is available upon request by writing the Office of Consumer Affairs, Department of Agriculture and Consumer Services, P.O. Box 526, Richmond, VA 23218-0526. (9) WASHINGTON: A copy of the current financial statement of Renaissance Charitable Foundation Inc. may be obtained from the Office of the Washington Secretary of State by calling toll free 1-800-332-4483. (10) WEST VIRGINIA: West Virginia residents may obtain a summary of the registration and financial documents from the Secretary of State, State Capitol, Charleston, West Virginia 25305. Registration does not imply endorsement. (11) WISCONSIN: A copy of the latest financial report filed with the Wisconsin Department of Regulation and Licensing may be obtained by writing to Renaissance Charitable Foundation Inc. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL OR RECOMMENDATION BY THE STATE.

3. FEE DISCLOSURE

Giving Gateway allows donors to make tax-deductible gifts to RCF, a public charity as defined in §§501(c)(3), 509(a)(1) and 170 (b)(1)(A)(vi) of the Internal Revenue Code. RCF will, in substantially all cases, grant the amounts donated (less an administrative fee) to the Benefiting Charities. RCF will deduct an administrative fee of 3.75% + $0.25 per donation to cover administrative, processing and other costs and fees associated with managing and processing online contributions and disbursement to the Benefiting Charities. Your full donation, which includes the administrative fee, is tax deductible to the fullest extent permitted by law. Please consult with a professional tax advisor for details regarding tax deductibility for your particular donation.

4. Forward-to-a-friend communications

Giving Gateway may offer you the opportunity to email information about Giving Gateway and your Benefiting Charities to your family and friends through a forward-to-a-friend feature. You may only use the feature to forward emails to a family member or friend who is a permanent, legal resident of the 50 United States or the District of Columbia and who is at or above the legal age of majority in their jurisdiction of residence. The contact information for such person must be valid and functioning in order for us to facilitate your communications. Visa will not be responsible for validating any contact information. Visa reserves the right to not forward any email in its sole discretion. You agree to use any forward-to-a-friend communication in compliance with all laws, rules, regulations. Visa specifically disclaims any liability from your use of the forward-to-a-friend feature.

5. Charges

You are solely responsible for providing any hardware, systems and software programs you use to access Giving Gateway, and any associated fees, charges and expenses. For example, you are required to obtain at your own cost a compatible personal computer (with high level browser encryption), an Internet access plan from a service provider and a valid email address.

6. Modification of these Terms; Termination

If you do not agree with any of these Terms, you must not use Giving Gateway. Visa reserves the right, in its sole discretion, to modify these Terms at any time with or without further notice to you. You can always find the most recent version of these Terms at visagiving.com/terms. Visa may change these Terms by posting a new version at such URL, without notice to you, so please continue to review these Terms from time to time. The most recent modification date will be noted by the “Last Updated” date above. To the fullest extent permitted under applicable law, your continued use of Giving Gateway after any such modification constitutes your acceptance of these Terms as modified. If you register for or use certain features available as a part of Giving Gateway additional terms, conditions, rules, policies and disclaimers may apply.

Visa may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of Giving Gateway, temporarily or permanently, including the availability of any features of Giving Gateway or access to any parts of Giving Gateway, at any time with or without notice to you. You agree that Visa shall not be liable to you or to any third party for any modification, suspension or discontinuance of Giving Gateway. You will continue to be responsible for any donations made at Giving Gateway in accordance with your card agreement with your card-issuing financial institution.

You may terminate your use of Giving Gateway at any time. Visa may suspend, discontinue or terminate your access to or use of Giving Gateway at any time immediately and without prior notice or obligation to you (i) if you violate any of these Terms as determined by Visa in its sole discretion, or (ii) for any other reason or no reason, in Visa’s sole discretion. Visa may, in its sole discretion, notify you of any such suspension, discontinuance or termination by posting a notice on the Website, on any webpage opened when using Giving Gateway, by email to an email address you provided to Giving Gateway upon enrollment or thereafter, or otherwise. Upon suspension, discontinuance or termination, you must immediately discontinue any use of Giving Gateway. Sections 1, 6, 7, 9, 10, 12, 13, 14, 17 and 19 and any other provisions that by their nature should survive termination shall so survive any termination of your use of Giving Gateway. You agree that Visa shall not be liable to you for any suspension, discontinuance, termination, change or modification of your use of or access to Giving Gateway.

7. Registration and Account Security

You can make a donation without enrolling in Giving Gateway. However, you have the option to enroll in Giving Gateway to simplify subsequent use of Giving Gateway. If you choose to register for an Account or make a donation through Giving Gateway, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration and/or donation form; (b) maintain and promptly update Account information to keep it true, accurate, current and complete as permitted through the functionality of Giving Gateway; and (c) for each donation, provide true, accurate and complete Visa card information as prompted by the donation form to charge your donation. You acknowledge and agree that Visa will have no liability associated with or arising from your failure to provide and/or maintain accurate information, including, without limitation, your failure to receive important information and updates about Giving Gateway. If Visa has reasonable grounds to suspect that the information you provided on the registration or donation form or under any other circumstance is untrue, inaccurate or incomplete, Visa may, without limiting any other rights available to Visa, suspend or terminate your Account and refuse any and all current or future use of Giving Gateway (or any portion thereof) by you, with or without notice to you.

As a part of your Account registration, you will establish a user ID and password. Your password is used to authenticate you when you use Giving Gateway. For your protection, you should memorize your password and not keep notation of them on or with your personal computer. Your password helps to ensure that only you, or someone you have authorized to use your Account by giving them your user ID and password, can access your Account.

You agree not to give your user ID or password to anyone you do not authorize to use your Account. You are responsible for all use of your Account and for ensuring that use of or access to your Account complies fully with these Terms. You acknowledge and agree that any use of Giving Gateway occurring through your user ID and current password shall be deemed to be your actions and that Visa and its designees may rely upon such actions. You are solely responsible for protecting the confidentiality of your password.

8. Privacy

For information about Visa’s privacy practices in connection with Giving Gateway, please read the Giving Gateway Privacy Policy at visagiving.com/privacy. The Privacy Policy is incorporated into these Terms and explains how Visa collects, uses and shares your personal information in connection with Giving Gateway. By using Giving Gateway, you agree to the terms of the Privacy Policy.

9. License Grant

Visa grants to you a limited, revocable, non-exclusive, non-sublicenseable and otherwise non-transferable license to access and use the Content strictly in accordance with these Terms. Visa may in its sole discretion suspend, discontinue or terminate this license at any time for any reason. You may use Giving Gateway for your own personal, non-commercial use. No part of Giving Gateway may be reproduced in any form or incorporated into any information retrieval system, electronic, mechanical or otherwise. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer Giving Gateway or any portion thereof. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of Giving Gateway and you may not take any action that imposes an unreasonable or disproportionately large burden on the Giving Gateway System as determined by Visa in its sole discretion. All rights not expressly granted to you are reserved by Visa and its licensors.

10. Proprietary rights

All ownership rights and title in and to Giving Gateway, including all content therein, are owned by Visa, its licensors or RCF and protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights and international treaties (collectively, “Intellectual Property Rights”). Unless and except as expressly stated in these Terms, you may not reproduce, perform, create derivative works from, republish, upload, post, transmit or distribute in any way Giving Gateway, or any portion therein, including, without limitation, any Content, without the prior written permission of Visa. All rights not expressly granted to you through these Terms are retained by Visa, its licensors and RCF.

Nothing in these Terms grants to you any right to use any of Visa’s or any other third party’s trademarks, service marks, logos, domain names or other indicia of origin.

11. User Conduct

In using or accessing Giving Gateway, you agree, without limitation:

not to use Giving Gateway in breach of these Terms;
not to use Giving Gateway for commercial purposes;
not to “spam” others or “phish” for others’ personal information;
not to disrupt or interfere with the security of, or otherwise abuse, Giving Gateway, or any part of Giving Gateway;
not to disrupt or interfere with any other user’s enjoyment of Giving Gateway;
not to upload, post or otherwise transmit through or on Giving Gateway any viruses or other harmful, disruptive or destructive files;
not to use, frame or utilize framing techniques to enclose any part of Giving Gateway without Visa’s express prior written consent;
not to use meta tags or any other “hidden text” utilizing a Visa name, trademark or product name without Visa’s express written consent;
not to “deeplink” to Giving Gateway without Visa’s express prior written consent;
not to create or use a false identity on Giving Gateway;
not to collect or store personal data about others;
not to attempt to obtain unauthorized access to Giving Gateway or portions of Giving Gateway that are restricted from general access;
not to transmit to another Giving Gateway user any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, violates any third party proprietary rights, or is in violation of any law or regulation;
not to post any copyrighted (or other proprietary) material unless the copyright (or other proprietary right) is owned by you or you have the right to do so; and
not to use Giving Gateway in breach of any third party website’s terms and conditions.

In addition, you agree that you will comply with all applicable local, state, national and international laws, regulations and other legal requirements that relate to your use of or activities in connection with Giving Gateway. You also agree to act consistent with the requirements set forth in these Terms and other requirements of Giving Gateway.

You agree to immediately notify us if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms, including any unauthorized access to your Account. If you so notify us, or we otherwise suspect such activity, you agree to cooperate with us in any investigation and to use any prevention measures we prescribe.

12. Warranties

GIVING GATEWAY, IN WHOLE AND IN PART, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VISA MAKES NO WARRANTY: (A) THAT GIVING GATEWAY WILL FUNCTION AS INTENDED OR WILL BE UNINTERRUPTED OR ERROR- FREE; (B) AS TO THE GOODS OR SERVICES PURCHASED FROM MERCHANTS IN RELIANCE ON INFORMATION STORED WITH GIVING GATEWAY; (C) THAT DEFECTS OR ERRORS IN GIVING GATEWAY WILL BE CORRECTED; (D) THAT GIVING GATEWAY WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (E) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS YOU RECEIVE IN CONNECTION WITH GIVING GATEWAY, INCLUDING, WITHOUT LIMITATION, INFORMATION REGARDING BENEFITING CHARITIES; (F) REGARDING THE ACCURACY OR COMPLETENESS OF INFORMATION STORED AT GIVING GATEWAY, INCLUDING, WITHOUT LIMITATION, DONATION HISTORY; (G) THAT DONATIONS WILL BE DISTRIBUTED TO YOUR RECOMMENDED benefiting charities; (H) THAT TRANSMISSIONS THROUGH GIVING GATEWAY WILL BE SECURE; (I) THAT YOUR USE OF GIVING GATEWAY WILL MEET YOUR REQUIREMENTS; (J) THAT DATA COLLECTED, STORED OR PROCESSED THROUGH GIVING GATEWAY WILL BE SECURE OR ERROR-FREE; AND (K) WITH RESPECT TO RCF’S AND BLACKBAUD’S PERFORMANCE IN CONNECTION WITH GIVING GATEWAY.

13. Limitation of Liability

to the fullest extent PERMITTED UNDER APPLICABLE LAW, You expressly acknowledge and agree that you assume sole responsibility and risk for your use of Giving Gateway (including, without limitation, ANY DONATIONS MADE TO RCF).

IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL VISA AND ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AUTHORIZED AGENTS, VENDORS OR SERVICE PROVIDERS (COLLECTIVELY, THE “VISA PARTIES”) BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, DIRECT, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING FROM OR IN CONNECTION WITH ANY OF THE FOLLOWING SUBJECT MATTER OR CIRCUMSTANCES, EVEN IF A VISA PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES: (A) YOUR USE OF OR INABILITY TO USE GIVING GATEWAY; (B) ANY CONTENT OR YOUR USE OF OR RELIANCE UPON ANY CONTENT; (C) ANY THIRD PARTY WEBSITE, CONTENT OR RESOURCE USED IN CONNECTION WITH OR AVAILABLE THROUGH GIVING GATEWAY, INCLUDING, WITHOUT LIMITATION, RCF’S OR BLACKBAUD’S WEBSITE; (D) ANY INFORMATION REGARDING CHARITIES PROVIDED THROUGH GIVING GATEWAY; (E) BLACKBAUD’S AND RCF’S ACTS AND OMISSIONS IN CONNECTION WITH GIVING GATEWAY OR OTHERWISE; (F) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED AT GIVING GATEWAY; (G) DONATIONS MADE AT GIVING GATEWAY, INCLUDING, WITHOUT LIMITATION, DONATIONS MADE TO RCF AND THE FAILURE OF A BENEFITING CHARITY TO RECEIVE ANY DONATIONS; (H) UNAVAILABILITY OF INFORMATION STORED AT GIVING GATEWAY; (I) UNAUTHORIZED ACCESS TO, OR ALTERATION OR LOSS OF, YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS COLLECTED, STORED OR SENT IN CONNECTION WITH GIVING GATEWAY; (J) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (K) ANY OTHER OF YOUR USE OF GIVING GATEWAY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VISA’S CUMULATIVE LIABILITY TO YOU ARISING FROM 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 FOR ACCESS TO GIVING GATEWAY. IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THESE TERMS SHALL BE TO DISCONTINUE ANY USE OF GIVING GATEWAY.

14. Exceptions

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, VISA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

15. No Endorsements of Benefiting Charities.

Visa does not review, qualify, support or endorse, and is not responsible for, any of the Benefiting Charities you may recommend at Giving Gateway.

16. Copyright Infringement Claims

Visa respects the rights of all copyright holders and in this regard Visa has adopted and implemented a policy that provides for notification and removal of content that allegedly infringes the rights of copyright holders. If you believe that your work has been copied at the Website in a way that constitutes copyright infringement, please provide Visa’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Visa’s Copyright Agent for notice of claims of copyright infringement on or regarding Giving Gateway can be reached by email to copyright@visa.com or in writing to Agent for Copyright Claims, Visa U.S.A. Inc., P.O. Box 8999, San Francisco, California 94128.

Please note that under the same law any person who knowingly materially misrepresents that material or activity is infringing may be liable for damages, including costs and attorneys’ fees.

17. Third Party Websites, Content and Resources

Giving Gateway includes and permits you to link or direct connections to third party websites, content and resources, including, for example, websites of companies that provide services on behalf of Giving Gateway (in the case of Blackbaud) or otherwise participate in Giving Gateway (in the case of RCF). You acknowledge that Visa has no control over any such third party websites, content or resources, which are made available by companies or persons other than Visa. You acknowledge and agree that Visa is not responsible for the availability of any such third party websites, content or resources. You further acknowledge that Visa is not liable to you for any loss or damage which may be incurred by you as a result of these third party websites, content or resources.

18. International Users

Giving Gateway is controlled, operated and administered by Visa from its offices within the United States. Visa makes no representation that materials on Giving Gateway are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents available through Giving Gateway are illegal is prohibited. Use of Giving Gateway is prohibited to those residing outside of the 50 United States or the District of Columbia.

19. General Terms

(a) Export Laws. You acknowledge that the laws and regulations of the United States and other countries may restrict the export and re-export of Giving Gateway. You agree that you will not export or re-export Giving Gateway in any form or to any recipient whether inside or outside the United States in violation of applicable United States and foreign law.

(b) Force Majeure. Visa will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood or war.

(c) Headings. The section titles in these Terms are provided solely for convenience and have no legal or contractual significance.

(d) Notices. You agree that Visa may provide you with notices and other disclosures in connection with Giving Gateway by mail, email, postings on the Website, other forms of electronic communication or other reasonable means. All electronic communications from us to you shall be deemed to be communications “in writing” and deemed delivered to you no later than the earlier of the date actually received or 5 days from the date of posting or dissemination. For communications that we are otherwise required under applicable law to provide in a written paper format to you, you agree that we may provide such communications or records by means of electronic communications.

(e) Waiver. Our failure to exercise or enforce any provision or right of these Terms shall not be deemed a waiver of such provision or right.

(f) Entire Agreement; Limitation of Actions. The Terms (including the Giving Gateway Privacy Policy incorporated into these Terms by reference) constitute the entire agreement between Visa and you with respect to your use of Giving Gateway. Any cause of action you may have with respect to Giving Gateway must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary.

(g) Indemnification. You agree to indemnify, defend and hold harmless the Visa Parties from any loss, liability, claim, or demand, including costs and reasonable attorneys’ fees, made by any third party due to, in connection with or arising out of your use of Giving Gateway or arising from your breach of these Terms, including any representation or warranty set forth herein, your violation of applicable laws, or your violation of any rights of another person or entity.

(h) Severability. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

(i) Disputes. To the fullest extent permitted by law, you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with these Terms or Giving Gateway will be governed by and construed under the laws of the State of California, U.S.A., excluding only its conflict of law provisions; (b) any and all disputes, claims and causes of action arising out of, or connected with these Terms or Giving Gateway shall be resolved individually, without resort to any form of class action, exclusively within the federal and state courts residing within San Francisco County, State of California, U.S.A., and you waive any jurisdictional venue or inconvenient forum objections to such courts; (c) any and all claims, judgments, liabilities and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with your use of Giving Gateway, but in no event will attorneys’ fees be due or payable; and (d) under no circumstances will you be permitted to obtain awards for, and you hereby waive, all rights to claim, punitive, special, incidental and/or consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of Giving Gateway, exploitation of any information or other materials issued in connection therewith, or exploitation of Giving Gateway or any content or other material used or displayed through Giving Gateway.

(j) Relationship of the Parties. Nothing in these Terms will be construed as creating a joint venture, partnership, employment or agency relationship between you and Visa, and you do not have any authority to create any obligation or make any representation on Visa’s behalf.

(k) Assignment. You may not assign these Terms by operation of law or otherwise, without Visa’s prior written consent. Visa reserves the right to freely assign these Terms, and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and your respective successors and assigns.

(l) Contact Us. If you have any questions about Giving Gateway, please visit the FAQ section of Giving Gateway at visagiving.com/faq. You can call toll-free 1-877-801-7249.