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Buyadate.org is an online database of members looking to browse, buy and/or sell time. Buyadate.org is more than just a 'social network', it is intended to be a 'social utility'. The goal is to be an empowerment website for entrepreneurs and humanitarians- and to help channel funding into the nonprofit sector.



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Nonprofit User Agreement

Nonprofit User Agreement

Effective date: July 12, 2008



  1. 1. General Overview of Our Relationship with You
  2. 2. Eligibility and Registration for Participation
  3. 3. Obligations of Participating Nonprofits
  4. 4. Eligibility to Receive Donations
  5. 5. Access to Buyadate.org Online Tools
  6. 6. No Fees
  7. 7. Warranties, Disclaimers
  8. 8. Term and Termination of this Nonprofit User Agreement
  9. 9. Miscellaneous Terms and Conditions


  10. Welcome to the community of Buyadate.org ("Buyadate.org", "we," "us"), a set of websites and services of Global Entrepreneur, LLC. Accepting this Nonprofit User Agreement and Terms of Use (the "User Agreement") is the first step in registering your non-profit organization with Buyadate.org.

    Please read the complete Nonprofit User Agreement carefully. You, a nonprofit organization contemplating entering into this Nonprofit User Agreement ("you" or "your organization"), should read the entire Nonprofit User Agreement before indicating your acceptance.

    This Nonprofit User Agreement is an integral part of the Agreement between you and Buyadate.org. Any capitalized terms not defined in this Nonprofit User Agreement shall be deemed to have the meaning ascribed to them in the Terms of Use.

    We take your trust in Buyadate.org very seriously, and have prepared this legally binding Nonprofit User Agreement to set forth both our commitments to you and our requirements of you as a "Participating Nonprofit."

    If you have questions about this Nonprofit User Agreement, please feel free to Contact Us.

    1. General Overview of Our Relationship with You

    1.1 Buyadate.org is a set of websites and services of Global Entrepreneur, LLC ("Buyadate.org/GELLC"). We offer access to information and Web-based tools through our Web site located at www.Buyadate.org (this "Website") to assist members utilizing this Website to identify nonprofit organizations ("NPOs"), like your organization, that they wish to benefit. For purposes of this Nonprofit User Agreement, we call those people "Community Sellers". We provide this assistance by permitting NPOs, like your organization, to register as participants in the Buyadate.org online community to become "Participating Nonprofits", and then by providing information to Community Sellers about those Participating Nonprofits.

    1.2 We also facilitate Community Sellers' efforts to benefit NPOs like your organization. As described in greater detail below, we do this by accepting and processing profit sharing donations ("donations") received from Community Sellers and then forwarding each donation, to the Participating Nonprofit that the Community Seller selected as his or her intended beneficiary (the "Charitable Beneficiary"). Buyadate.org issues receipts to Community Sellers for each donation, and Community Sellers are able to take tax deductions for such donations to the full extent allowed by law.

    1.3 Because Buyadate.org assists Community Sellers as described above, Buyadate.org provides direct benefits to NPOs. Participating Nonprofits become eligible to receive donations when Community Sellers use Buyadate.org online giving tools to search and select a Charitable Beneficiary while listing a date through Buyadate.org, and Participating Nonprofits may receive donations as a result. We grant licenses to Participating Nonprofits to enable them to manage certain information (such as a descriptive mission statement) that is made available to Community Sellers through this Website using specific tools for such purposes.

    1.4 Notwithstanding anything else in this Nonprofit User Agreement, you understand that, in entering and performing this Nonprofit User Agreement, both Buyadate.org and you are acting solely as independent contractors, and nothing in this Nonprofit User Agreement creates a partnership, joint venture, or employer-employee relationship, and neither party is acting as an agent of the other party. For purposes of clarity, neither party has any authority to make any commitments on behalf of the other party or to purport to bind the other party in any manner or to any extent.

    2. Eligibility and Registration for Participation

    2.1 In order to become a Participating Nonprofit within the Buyadate.org online Community, at all times while this Nonprofit User Agreement remains in effect your organization must be a Tax-Deductible Organization in "good standing," or otherwise be eligible to receive tax-deductible contributions. In other words, your organization must meet the requirements necessary to be treated as a public charity by the Internal Revenue Service ("IRS"), and we must not have received any information that your organization has problems with its public accountability. You agree to provide to Buyadate.org written documentation suitable to Buyadate.org that evidences the foregoing, such as a copy of your 501(c)(3) determination letter from the IRS, or other requested proof of your tax-deductible status ("Proof of Status"), and you will promptly update that documentation whenever necessary to maintain its accuracy and completeness. You agree promptly to notify Buyadate.org upon the occurrence of any change in your status as a Tax-Deductible Organization or the occurrence of any inquiry by the IRS or any state or local government regarding the foregoing, and to provide Buyadate.org any additional information that we may reasonably require related to the foregoing.

    2.2 You must register with, or be pre-registered by, Buyadate.org in order to become a Participating Nonprofit. Before we can provide you access to any of the special features or tools of this Website that are designed specifically for Participating Nonprofits, or provide you access to any of the other benefits available to Participating Nonprofits as described herein, we require you to provide the information requested by our online nonprofit registration form, including certain contact information (e.g., address, name of a contact person) and certain financial information (e.g., bank account routing information, used only for processing donations, as described below). We maintain all of your organization's information in a database (your "Nonprofit Profile").

    2.3 You may update or correct information contained in your Nonprofit Profile by contacting us, or by using online tools that may be provided within the online "Nonprofit Area". You agree to update your Nonprofit Profile promptly whenever necessary to maintain its accuracy and completeness. We will treat your Nonprofit Profile according to the terms of our Privacy Policy, which is hereby incorporated into this Nonprofit User Agreement by reference. After you have completed your registration and verification, and until this Nonprofit User Agreement is terminated for any reason, you will be considered a "Participating Nonprofit."

    3. Obligations of Participating Nonprofits

    3.1 In order to provide information about Participating Nonprofits to Community Sellers, we require Participating Nonprofits to provide us a suitable written statement that describes the organization and its nonprofit purposes and objectives (a "Mission Statement"). Each such Mission Statement must meet our guidelines for length, formatting, etc., must comply with all of the standards and covenants in this Nonprofit User Agreement, and must otherwise be acceptable to us. You agree to provide a Mission Statement to us in an electronic text format (and, if we request, in a printed hardcopy form), and you agree to update your Mission Statement from time to time if we request or whenever necessary to maintain its accuracy.

    3.2 We use logos and other trademarks of Participating Nonprofits in connection with the activities contemplated in this Nonprofit User Agreement, including, by way of example, to identify Participating Nonprofits on this Website and to identify them as the Charitable Beneficiaries of particular Buyadate.org listings. If your organization has a logo that you want us to use, you agree to provide a copy of that logo to us in an electronic graphics file that meets our technical requirements (per the instructions available on this Website). You hereby grant Buyadate.org a non-exclusive license to use your organization's name and logos during the term of this Nonprofit User Agreement in connection with identifying your organization. We acknowledge that you retain full ownership of your trademarks, trade names and servicemarks and any associated goodwill.

    3.3 You bear sole responsibility for complying with all laws, rules and regulations applicable to your activities under this Nonprofit User Agreement and to your status as a Tax-Deductible Organization. You understand that you may have obligations to register under state or local laws regarding charitable solicitations, and Buyadate.org has no obligation to assist your organization with any such registration; nor shall we have any liability for your failure to register properly, if such registration is required. You agree to bear all costs associated with your organization's compliance with such requirements. You agree that, for purposes of state charitable solicitation laws or regulations, nothing in this Nonprofit User Agreement is intended to cause Buyadate.org in any way to act as a professional fundraiser or fundraising counsel on your behalf. You will utilize any and all donations received pursuant to this Nonprofit User Agreement solely in accordance with your status as a Tax-Deductible Organization.

    3.4 We expect all Participating Nonprofits to meet Buyadate.org's high ethical standards, including, without limitation, our policies regarding the kinds of NPOs that are appropriate for participation in the Buyadate.org community. For example, your organization is not authorized to register to become a Participating Nonprofit if you sponsor or promote hatred, violence, racial intolerance or illegal activities. Buyadate.org reserves the right to deny or revoke participation as a Participating Nonprofit to any NPO that fails, in Buyadate.org's sole opinion, to meet these standards.

    4. Eligibility to Receive Donations

    4.1 For so long as you are a Participating Nonprofit, we will post information about your organization on this Website, including your Mission Statement and logo(s), and will permit Community Sellers to access and view that information. If a Community Seller specifies your organization as his or her Charitable Beneficiary for a particular Buyadate.org listing, information about your organization (or a hyperlink to that information) will be included within that listing on the Buyadate.org online marketplace.

    4.2 For so long as you are a Participating Nonprofit, we will permit Community Sellers to select your organization as the Charitable Beneficiary for any listings submitted by those Community Sellers through our online giving tools. We understand that Participating Nonprofits may sometimes prefer not to receive donations in instances where the amounts to be donated are derived from particular listings and sales that are contrary to the organization's policies. For that reason, we permit you to request that Buyadate.org remove a particular listing (and indicate your reasons for making such a request) in which you are listed as the Charitable Beneficiary. Whenever a Participating Nonprofit requests that a listing be removed, Buyadate.org will exert commercially reasonable efforts to ensure that the date is removed from this Website within 24 hours. You acknowledge that your approval or disapproval of a particular listing, as contemplated, extends solely to the designation of your organization as the Charitable Beneficiary for that listing. Accordingly, if you disapprove such a designation, you waive all claims with respect to any donation associated with that listing.

    4.3 Any donations distributed to you under this Nonprofit User Agreement will be made by electronic funds transfer to the designated account specified in your Nonprofit Profile (or by written check upon our discretion, sent to your mailing address specified in your Nonprofit Profile). You agree to undertake any actions necessary to authorize us to make such transfers to you, including, by way of example, by instructing your bank or other financial institution to permit such transfer and/or to provide us with such information as we may require in order to effect such transfer(s). If requested by Buyadate.org, you will execute a written agreement authorizing such electronic funds transfers.

    4.4 You are solely responsible for maintaining your Nonprofit Profile and for complying with all of your obligations under this Nonprofit User Agreement. You agree to update your Nonprofit Profile from time to time as necessary to accurately reflect your organization's preferences in this regard. In the event that we are unable to effect a donation (e.g., if the bank account information and/or contact information you have provided in your Nonprofit Profile is invalid), if at any time you are in breach of this Nonprofit User Agreement, or if you cease to be a Tax-Deductible Organization, we reserve the right not to distribute donation proceeds to you and instead to redirect any donation to another entity or to use or dispense with the donation in any manner which complies with our agreements with Community Sellers, even if you were the Charitable Beneficiary for that donation.

    4.5 If you receive any donations pursuant to this Nonprofit User Agreement after you have ceased to be a Tax-Deductible Organization or after this Nonprofit User Agreement has been terminated for any reason, you agree promptly to refund the full amount of such donation to us and to notify us of the change in your tax-deductible status. If you receive any donations pursuant to this Nonprofit User Agreement at any time while you are not a Participating Nonprofit (whether or not you have been notified of such status at the time the donation is received), we reserve the right to offset amounts that we would otherwise subsequently donate to you against the amount donated while you are not in good standing, or we may require you to refund all or a portion of such donations made while you were not in good standing.

    5. Access to Buyadate.org Online Tools

    5.1 For so long as you are a Participating Nonprofit, you may access the "Nonprofit Area" of this Website, which consists of certain web pages that contain information and features available only to Participating Nonprofits, solely for purposes contemplated by this Nonprofit User Agreement. We also grant you a non-exclusive, non-transferable, non-sublicenseable license during the term of this Nonprofit User Agreement, subject to the terms and conditions herein, to download, install and display any software, scripts and other content (e.g., graphics) that we may specifically identify within the Nonprofit Area as available for download ("downloadable tools") These downloadable tools may enable you to place features within your website(s) in order to inform users of your website(s) that you are a Participating Nonprofit, and to link those users to this Website so that they may consider making a donation thru Buyadate.org with you as the Charitable Beneficiary.

    5.2 Certain limitations and restrictions apply to the licenses and rights granted or provided to you in this Nonprofit User Agreement. You understand and agree that these licenses and rights may be exercised only by your employees and agents (including volunteers) acting on your behalf, that you are responsible for their conduct in using any Site or Service, and that these licenses and rights may not be assigned to any other person or entity or used on another's behalf. You also understand and acknowledge that Buyadate.org desires to maintain high ethical and reputational standards. Such ethical standards, as amended from time to time in Buyadate.org's sole discretion, shall at all times be deemed to include the foregoing requirements, and are hereby incorporated into this Nonprofit User Agreement by reference.

    5.3 You acknowledge that we own this Website (including the Nonprofit Area and the online giving tools) and all associated intellectual property rights, and all rights that are not expressly granted to you by this Nonprofit User Agreement are expressly reserved by Buyadate.org/GELLC. For example, this Nonprofit User Agreement gives you no right or license to obtain a copy of any software (whether in object code, source code, script or other form) used by Buyadate.org to operate this Website or that is used by Buyadate.org to provide any services in connection with this Nonprofit User Agreement, except the downloadable tools. You may not modify, distribute or make derivative works of the downloadable tools, nor use such downloadable tools for any purposes other than as expressly contemplated herein. Our software and any non-public aspects of the downloadable tools are confidential and proprietary information of Buyadate.org, and you agree not to disclose or distribute such information.

    6. No Fees

    6.1 There is no charge for becoming a Participating Nonprofit. Notwithstanding your status as a Tax-Deductible Organization, as between Buyadate.org and you, you will be responsible for any sales, use, value added or other similar taxes, duties, levies, charges or assessments, if any of the foregoing are or become applicable or payable in connection with donations made to your organization pursuant to this Nonprofit User Agreement.

    7. Warranties, Disclaimers

    7.1 You represent and warrant to Buyadate.org that (i) you are, and at all times during the term of this Nonprofit User Agreement will remain, a Tax-Deductible Organization with public charity status described in section 170(c) of the Code; (ii) you will utilize donations received through this use of the online giving tools in accordance with such tax-exempt status; (iii) you will undertake any and all actions necessary to comply with any applicable laws, rules and regulations, including, without limitation, any requirements governing solicitation of charitable donations and registration requirements, if any, related to activities contemplated herein; (iv) all information provided by you in your Nonprofit Profile and Mission Statement is true and accurate in all respects; (v) you have the right to provide all information provided in your Nonprofit Profile or otherwise provided by you to us, the right to authorize use thereof by Buyadate.org as contemplated herein and the right to enter into this Nonprofit User Agreement on behalf of your organization; (vi) you have the right to grant the licenses granted to Buyadate.org hereunder; and Buyadate.org's use, as contemplated by this Nonprofit User Agreement, of materials or rights licensed hereunder, will not infringe the intellectual property rights or similar rights of any third party; (vii) you will not disparage Buyadate.org, any other Participating Nonprofit, or any partner or sponsor of Buyadate.org identified within this Website, including, without limitation, through your use of this Website, the Nonprofit Area, the online giving tools or the downloadable tools; and (viii) all information submitted by you on your Nonprofit Profile will comply with our ethical standards, and will not contain nor relate to obscene, defamatory or illegal subject matter.

    7.2. You agree to indemnify, hold harmless, and, at Buyadate.org's request, defend Buyadate.org, its affiliates and their respective officers, directors, employees, licensees, agents and vendors from and against any claims, losses, damages, costs, expenses (including attorney's fees and court costs) and liabilities arising from your breach or alleged breach of any obligation, covenant, representation or warranty under this Nonprofit User Agreement. If Buyadate.org requires you to provide defense of any matter for which indemnity is or may be due hereunder, Buyadate.org may participate in such defense by counsel of its choice at its own expense. You will not settle any claim for which indemnity is due hereunder unless such settlement completely and forever releases Buyadate.org and the other indemnified parties with respect to such claim, or unless Buyadate.org provides its prior written consent.

    7.3 BUYADATE.ORG MAKES AVAILABLE THE NONPROFIT AREA, THE NONPROFIT PROFILES, THE ONLINE GIVING TOOLS AND THE DOWNLOADABLE TOOLS FOR CHARITABLE PURPOSES. YOU ACKNOWLEDGE THAT THIS WEBSITE, THE NONPROFIT AREA, THE NONPROFIT PROFILES , THE ONLINE GIVING TOOLS, THE DOWNLOADABLE TOOLS AND BUYADATE.ORG'S PERFORMANCE HEREUNDER ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND BUYADATE.ORG DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES UNDER THIS NONPROFIT USER AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, DATA ACCURACY OR SYSTEM INTEGRATION. NO WARRANTY IS MADE BY BUYADATE.ORG ON THE BASIS OF TRADE USAGE, COURSE OF DEALING, COURSE OF TRADE OR COURSE OF CONDUCT. YOU ACKNOWLEDGE THAT BUYADATE.ORG MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE PERFORMANCE, EFFICIENCY OR AVAILABILITY (INCLUDING "UPTIME") OF ANY SITE OR SERVICE OR THE ONLINE NONPROFIT AREA, THE NONPROFIT PROFILES, OR THE ONLINE GIVING TOOLS. NO REPRESENTATION OR WARRANTY IS MADE THAT OPERATION OF ANY SITE OR SERVICE (INCLUDING THE NONPROFIT AREA , THE NONPROFIT PROFILES, AND THE ONLINE GIVING TOOLS) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY SITE OR SERVICE (INCLUDING THE NONPROFIT AREA, THE NONPROFIT PROFILES, AND THE ONLINE GIVING TOOLS) WILL OPERATE AS EXPECTED OR WILL MEET YOUR PARTICULAR NEEDS OR PURPOSES. YOU ACKNOWLEDGE THAT BUYADATE.ORG MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY LEGAL REQUIREMENTS TO WHICH YOUR ORGANIZATION MAY BE SUBJECT, SUCH AS, BY WAY OF EXAMPLE, ANY REGISTRATION REQUIREMENTS RELATED TO CHARITABLE SOLICITATIONS; NOR DOES BUYADATE.ORG MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE APPLICABILITY OF TAX LAWS TO YOUR ORGANIZATION OR TO ANY COMMUNITY SELLER, SUCH AS, BY WAY OF EXAMPLE, ANY COMMUNITY SELLER'S ABILITY TO OBTAIN TAX DEDUCTIONS OR OTHER TAX BENEFITS IN CONNECTION WITH DONATIONS MADE THROUGH THE ONLINE GIVING TOOLS. YOU ACKNOWLEDGE THAT BUYADATE.ORG MAKES NO REPRESENTATIONS OR WARRANTIES TO YOU THAT YOU WILL RECEIVE ANY MINIMUM AMOUNT OF DONATIONS OR ANY DONATIONS AT ALL UNDER THIS NONPROFIT USER AGREEMENT.

    7.4 IN NO EVENT SHALL BUYADATE.ORG BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF BUYADATE.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CUMULATIVE LIABILITY OF BUYADATE.ORG TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS NONPROFIT USER AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT OR STRICT LIABILITY, SHALL NOT EXCEED $10. THE FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY ARE INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS NONPROFIT USER AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. IF YOU HAVE AUTHORIZED ANY THIRD PARTY TO ENTER THIS NONPROFIT USER AGREEMENT ON YOUR BEHALF (E.G., AN ASSOCIATION OF NONPROFIT ORGANIZATIONS), OR TO PERFORM ON YOUR BEHALF (E.G., TO RECEIVE AND PROCESS ANY DONATIONS MADE TO YOU), YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR THE ACTS AND OMISSIONS OF THAT THIRD PARTY, AND BUYADATE.ORG HAS NO RESPONSIBILITY UNDER THIS NONPROFIT USER AGREEMENT OR ANY LIABILITY TO YOU ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH THAT THIRD PARTY'S ACTS OR OMISSIONS. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS PARAGRAPH AND THE PRECEDING PARAGRAPH FORM AN ESSENTIAL BASIS OF THE ARRANGEMENT BETWEEN YOU AND BUYADATE.ORG, AND ABSENT THE DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF BUYADATE.ORG'S LIABILITY SET FORTH ABOVE, THE TERMS OF THIS NONPROFIT USER AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.

    8. Term and Termination of this Nonprofit User Agreement

    8.1 This Nonprofit User Agreement will become effective when you have acknowledged your acceptance of all the terms and conditions herein by following the instructions set forth on this Website. Ordinarily, we will require you to indicate your agreement by selecting a particular checkbox and/or clicking a particular button during the process of registering as a Participating Nonprofit. Once in effect, this Nonprofit User Agreement will continue in operation until terminated by either you or us.

    8.2 You may terminate this Nonprofit User Agreement (and thereby cancel your participation as a Participating Nonprofit) at any time and for any reason by providing written notice to us or by choosing to cancel your membership using the tools provided for that purpose within the Nonprofit Area of this Website. If you breach this Nonprofit User Agreement at any time, you are not considered to be "in good standing" as a Participating Nonprofit until such breach is remedied. We may temporarily suspend your access to any Site or Service, including the online giving tools and/or the Nonprofit Area in order to require you to remedy any breach hereunder. Notwithstanding the foregoing, we also reserve the right to terminate this Nonprofit User Agreement at any time and for any reason by providing notice to you in accordance with this Nonprofit User Agreement.

    8.3 After termination of this Nonprofit User Agreement, we will exercise reasonable efforts promptly to remove your Mission Statement and logo(s) from this Website, as well as any reference to you as a current Participating Nonprofit. Upon such removal, the licenses you have granted to us in such materials will expire. You agree to promptly remove the Downloadable tools and any copies thereof from your computers and storage media, and to destroy any confidential information of Buyadate.org that you may possess. You understand that we have no obligation to make any donations to you (even with respect to listings for which you have been specified as the Charitable Beneficiary), or otherwise to provide any services or perform other obligations under this Nonprofit User Agreement, after the termination of this Nonprofit User Agreement for any reason.

    9. Miscellaneous Terms and Conditions

    9.1 This Nonprofit User Agreement, together with any other documents incorporated herein by reference, sets forth the entire agreement between Buyadate.org and you on this subject and supersedes all prior negotiations, understandings and agreements between Buyadate.org and you concerning the subject matter and all Buyadate.org promotional, marketing, sales, and informational materials.

    9.2 Any notices given by Buyadate.org pursuant to this Nonprofit User Agreement may be given by any means of contact set forth in your Nonprofit Profile and will be effective when sent. If you fail to provide or update valid contact information as required by the Nonprofit Profile, you waive your right to receive notices under this Nonprofit User Agreement during the period of such failure. Alternatively, any notices given by Buyadate.org to all Participating Nonprofits may be given by posting information within the Announcements, Message Center, or Nonprofit Area of this Website, and will be deemed effective when posted. Notices from you to Buyadate.org must be given by email to the appropriate address provided by Buyadate.org, or through the Contact Us page within this Website, or by any other means specifically authorized in this Nonprofit User Agreement, and will be deemed given when actually received by Buyadate.org.

    9.3 Buyadate.org may amend this Nonprofit User Agreement at any time by posting the amended terms on this Web Site. Buyadate.org will send a message to the email address in your Nonprofit Profile alerting you to the amended terms. Except as otherwise expressly stated in such a posting, all amended terms shall automatically be effective and legally binding upon you fourteen (14) days after initially posted on this Website. If, after reviewing the posted amended terms, you completely agree to all such amended terms, no further action is necessary on your part. Rather, your continued access to and/or use of this Website, or your receipt of any donation hereunder, shall constitute your complete assent to and acceptance of all such amended terms. All such posted amended terms shall be incorporated in this Nonprofit User Agreement as if fully set forth in this Nonprofit User Agreement. You may view the most recent Nonprofit User Agreement at any time from this Website. If you do not accept all of the posted amended terms, you may terminate this Nonprofit User Agreement as set forth above. Apart from such posting of amended terms by Buyadate.org, this Nonprofit User Agreement may not otherwise be amended except in a written document (i) that expressly references this Nonprofit User Agreement and/or any affected amended terms as posted by Buyadate.org and (ii) that is executed by both you and Buyadate.org.

    9.4 Should any provision of this Nonprofit User Agreement be held by a court or other tribunal of competent jurisdiction to be void, illegal, invalid, inoperative, or unenforceable, the remaining provisions of this Nonprofit User Agreement shall not be affected and shall continue in effect, and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity.

    9.5 All the terms and provisions of this Nonprofit User Agreement shall be binding upon, shall inure to the benefit of, and shall be enforceable by the respective successors and permitted assigns of you and Buyadate.org.

    9.6 You may not assign this Nonprofit User Agreement without Buyadate.org's prior written consent; any attempted assignment in violation of the foregoing will be null and void. Buyadate.org may assign this Nonprofit User Agreement to any third party without your consent.

    9.7 The failure by Buyadate.org to partially or fully exercise any right or the waiver by Buyadate.org of any breach, shall not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of this Nonprofit User Agreement. Any remedies made available to Buyadate.org by the terms of this Nonprofit User Agreement are cumulative and are without prejudice to any other remedies that may be available to Buyadate.org in law or equity.

    9.8 Except as otherwise expressly set forth, each party will be responsible for its own expenses incurred in performance of its obligations hereunder.

    9.9 Any dispute between you and Buyadate.org which cannot be resolved by negotiation shall be submitted to mediation, and if mediation fails, arbitration, under the rules of the American Arbitration Association, or any comparable entity that you and Buyadate.org may subsequently agree upon in writing. Any arbitration award issued by the arbitrator shall be final, binding, and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, you acknowledge that unauthorized use of Buyadate.org's proprietary materials, information or technology may cause irreparable harm to Buyadate.org for which monetary damages would be an inadequate remedy. Accordingly, Buyadate.org has the right, without necessity of posting bond, to seek injunctive or other equitable relief from any court of competent jurisdiction to protect its rights in intellectual property or confidential information.

    9.10 This Nonprofit User Agreement shall be governed and interpreted in accordance with the laws of the State of Illinois without regard to its principles of conflict of laws. Venue for mediation, arbitration, or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Nonprofit User Agreement, or the breach thereof, shall be proper only within a mediation or arbitration process or in a tribunal of competent jurisdiction within the State of Illinois.