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Privacy Policy

TechSoup Privacy Policy and Your Privacy Rights

This privacy policy (the "Privacy Policy") is intended to inform you of the policies and procedures of TechSoup Global and its affiliates (collectively, "TechSoup," "we," or "us") regarding the information we collect from users of our websites and online services (collectively, the "Websites").

Definitions

"Account" means information in a TechSoup account.

"Anonymous Information" means information not associated with or linked to your Personal Information. Anonymous Information, by itself, does not permit the identification of individual persons.

"Personal Information" means information that allows someone to identify or contact you, including — but not limited to — your name, mailing address, telephone number, and email address and any other non-public information that is associated with your contact information.

"Products" means the donated products we make available through the Websites.

"TechSoup Clients" means visitors to the Websites who place a donation request with TechSoup.

General Security

TechSoup takes commercially reasonable physical, electronic, and managerial precautions to prevent the loss and misuse of Personal Information under our control. However, no method of transmission over the Internet, or method of electronic storage, is 100 percent secure. Therefore, while TechSoup uses reasonable efforts to protect your Personal Information, we cannot guarantee its absolute security.

Personal Information We Collect

We collect Personal Information that you submit to us voluntarily. For example:

  • When you create an Account, we will collect your name, the username and password that you choose, the primary email address you provide to us, and any other information you choose to affiliate with your Account.
  • When you enter any information, including Personal Information, into any posting or comments within the Websites, we will collect such information.
  • When you respond to one of our surveys, we will collect any information contained in such survey responses.
  • When you leave us feedback or request support, we will collect any information that is contained in your feedback or support request.
  • When you contact us by sending us an email, we will collect your email address and any information contained in the email you send us.

In addition to their name, title, and email address, TechSoup Clients are also required to provide us with their organization's name, type, mission, budget, and contact information. TechSoup retains this information so that it can track donation requests to completion, facilitate customer-service requests, and inform clients of important changes to programs that may affect them.

From time to time, TechSoup receives Personal Information about you via offline sources like telephone or fax. We may use this in combination with information collected online in order to improve the services we provide.

Data You Submit About Third Parties

If you choose to use the "Tell a Friend" function on the Websites, or if you choose to refer a nonprofit entity to us, we may collect the information you provide about such third party, such as the third party's name and email address. We may retain and use the information you provide about such third party in accordance with this Privacy Policy.

Information We Collect via Technology

As is true of most websites, our web server software automatically logs information provided by your network connection and web browser software, including the Internet Protocol (IP) address of your network connection and the type of web browser and operating system that you are using. Our web server may also log the URL of the file that you are requesting, the current date and time, and the URL of the last web page requested by your web browser. We use this information to analyze trends, administer the Websites, track users' movements around the Websites, and better tailor our Websites to our users' needs.

Like many online services, we use cookies to collect information. "Cookies" are small pieces of information that a website sends to your computer's hard drive while you are viewing the website. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). This type of information is collected to make the Websites more useful to and to tailor the experience with us to meet your special interest and needs.

We may utilize Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses cookies and page tags to gather information relating to the usage of our Websites, such as how often users visit the Websites, what pages they visit, and other sites they used prior to coming to the Websites. The information generated by cookies (including IP addresses) and page tags is transmitted to and stored on Google servers. This information may then be analyzed and compiled into reports on website activity. The use and disclosure of information stored on Google servers is governed by Google's privacy policy available at: https://www.google.com/intl/en/policies/privacy/, not ours.

You have the option of disabling or not accepting cookies by changing the preferences in your web browser. Consult your web browser's technical information for details on how to disable cookies. If you opt to disable cookies, you will still be able to access our Websites. However, you will not be able to use certain features of the Websites, including, but not limited to, the My Account functionality, posting to the TechSoup message boards (Community Discussion Forums), and placing requests for Products through the Websites.

Donation Requests Made Through Our Site

Online selection and fulfillment services for Products may be conducted either by us, the donor, or by one of our third party partners. You acknowledge and agree that, in some cases, you may be required to leave our Websites to select Products and place your Product request. Our third party partners will make available to you their website policies governing their collection of Personal Information from you. Any Personal Information you provide to such third parties will be subject to the third party's privacy policy and website terms of use, and not to this Privacy Policy or the TechSoup Terms of Use.

Use of Information We Collect

In general, we use Personal Information you submit to us to provide services to you; respond to requests you make; improve the Websites; and offer you additional information, opportunities, and functionality. We may also use your Personal Information to provide you with updates about the Websites.

If you provide feedback to us, we may use and disclose such feedback for any purpose, provided we will not associate such feedback with your Personal Information. We will collect any information contained in such communication and will treat any Personal Information included in such communication in accordance with this Privacy Policy.

We may create Anonymous Information records from Personal Information by excluding information that makes the Personal Information personally identifiable to you. We may use and disclose Anonymous Information at our discretion and without restriction.

Disclosing Information to Third Parties

We may share Anonymous Information with our partners and donors. For example, we may share Anonymous Information about individual organizations where it is necessary to secure funding to ensure the continued availability of our services or to develop outreach programs with our partners. Except as otherwise stated in this Privacy Policy, we do not disclose to or share your Personal Information with third parties unless you ask or authorize us to do so.

TechSoup may also share your information with third party service providers to: (a) provide you with the services that we offer through our Websites; (b) conduct quality assurance testing; (c) facilitate creation of accounts; (d) provide technical support; and/or (e) provide other services to TechSoup. These third party service providers are required not to use your Personal Data other than to provide the services requested by TechSoup.

We may share some or all of your Personal Information with our affiliates and will require our affiliates to honor this Privacy Policy when dealing with any Personal Information shared by TechSoup.

We may share some or all of your Personal Information in connection with or during negotiation of any merger; financing; acquisition or dissolution; or transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Information may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Information collected by us and will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.

We may (and you authorize us to) disclose Personal Information we collect from you if we believe in good faith that such disclosure is necessary to: (a) comply with relevant laws or to respond to subpoenas or warrants served on us; (b) enforce any agreement we may have entered into with you and to enforce the Privacy Policy; or (c) protect and defend the rights or property of TechSoup, other users of the Websites, or third parties.

TechSoup may enter into agreements with third parties to provide certain donations to our TechSoup Clients or companies that offer their products and/or services on our Websites ("Third Party Companies"). A Third Party Company may want access to Personal Information that we collect from its customers.

AS A RESULT, WE MAY PROVIDE YOUR PERSONAL INFORMATION TO THIRD PARTY COMPANIES. BECAUSE WE DO NOT CONTROL THE PRIVACY PRACTICES OF THESE THIRD PARTY COMPANIES, YOU SHOULD READ AND UNDERSTAND THEIR PRIVACY POLICIES.

Your Choices Regarding Your Personal Information

TechSoup regularly sends newsletters and promotional communications to: (a) let you know about new donated and discounted products in our online catalog; (b) offer you opportunities to participate in special promotions, events, and surveys; and (c) notify you about services offered by outside partner organizations. These emails will always originate from TechSoup, not from any partner organization. You may choose to opt out from receiving such communications by following the unsubscribe instructions provided in the communication or by editing your communication preferences in your Account.

Despite your indicated email preferences, we may send you service-related communications. You may not opt out from these announcements, which are not promotional in nature, as they contain important information about changes to our Websites, Terms of Use, or the Privacy Policy. However, if you do not wish to receive these announcements, you have the option to cancel your Account(s). You understand that any such termination of your Account may involve deletion of your Personal Information from our live databases. We will not have any liability whatsoever to you for any termination of your Account or related deletion of your information. Note that in some cases, you may request that we delete your Personal Information, but we may be required (by law or otherwise) to keep this information for a certain time, in which case we will comply with your request only after we have fulfilled such requirements.

When we delete information that we have collected from or about you, it will be deleted from our active databases but may remain in our archives.

How to Change Your Information

If you would like to review, edit, correct, update, or change any of your individual Personal Information in your Account, you can use the "Edit My Profile" link from your My Account home page, or you can send a request to change, edit, update, correct, or remove information via the Contact Us page on TechSoup or to privacy@techsoup.org.

If you would like to change any of the information contained in an organization record on TechSoup, you may do so via the Contact Us page on TechSoup.

Surveys and Case Studies

Occasionally, TechSoup or one of our donating partners may ask TechSoup Clients who will receive or have received product donations to participate in a case study, provide a testimonial, or complete a survey. If a donating partner requires the client's willingness to participate in any such study as a prerequisite for receiving a donation, this will be explicitly stated in the guidelines for that donation program.

Links to Outside Websites

This Privacy Policy applies solely to information collected through the Websites. Our Websites may contain links to outside websites for your convenience, and such links do not signify our endorsement of such websites or their contents. TechSoup has no control over, does not review, and is not responsible for the privacy practices of or content displayed on other websites. We encourage our visitors to be aware when they leave our Websites, and to read the privacy policies of each and every third party website that collects information from you.

Shared Areas of the Websites

Please be aware that if you enter any Personal Information into shared sections of the Websites, such as in message boards, that Personal Information will be displayed to anyone who has access to these sections of the Websites. TechSoup has no control over, and will have no liability to you regarding other users' use or disclosure of such Personal Information.

Questions and Comments

If you have any questions regarding this Privacy Policy or TechSoup's site practices, please contact us at:

TechSoup
Attn: Legal Department
435 Brannan Street, Suite 100
San Francisco, CA 94107
privacy@techsoup.org

Privacy Policy Updates

This Privacy Policy is subject to occasional revision. If we make material changes to the way we use your Personal Information, we will notify you through the Website interface, or, if you have provided your email address, by email. You are responsible at all times for keeping your email address up-to-date. If the last email address that you have provided to us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to this Privacy Policy will be effective immediately for new users of our Websites; otherwise, you agree that such amended Privacy Policy will be effective thirty (30) days after being posted or sent to you, and your continued access to the Websites after such time shall constitute your acceptance of the amended Privacy Policy.

This Privacy Policy was last updated October 21, 2015.

TechSoup Terms of Use

1. Agreement to Terms

TechSoup Global and its affiliates (collectively, "TechSoup," "we," or "us") allow you access to and use of this site ("Site") subject to these terms of use (the "Terms"). Specific services available through the Site may include additional terms, which are hereby incorporated into these Terms. Please read both these Terms and any additional terms carefully before accessing or using the Site. TO USE THE SITE, YOU MUST FIRST AGREE TO THESE TERMS. BY USING OR ACCESSING THE SITE, YOU ACCEPT THESE TERMS AND REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE "YOU" OR "YOUR" WILL REFER TO SUCH ENTITY.

2. Modification of Terms

We may amend these Terms from time to time. If we make material changes to the Terms, we will notify you by posting a prominent notice on the Site and/or sending you an e-mail at your primary email address, as specified in your Account (defined below). Any changes to these Terms will be effective immediately for new users of our Site; otherwise these changes will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of a notice on our Site. You are responsible at all times for updating your Account to provide to us your most current e-mail address. If the last e-mail address that you have provided to us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site following notice of such changes shall indicate your acknowledgement of, and agreement to be bound by, such changes.

3. Your Information and Account

For certain uses of the Site, TechSoup may require you to provide information about yourself (such as identification or contact information) or to create a user account ("Account"). You agree that any such information and any information that you provide in connection with your Account will always be correct, complete and up to date. You will be responsible for all activities that occur under your Account and therefore you agree to keep your password confidential. You agree to notify us immediately of any unauthorized use of your Account or if you believe that your password is no longer confidential. We reserve the right to require you to alter your user name and/or password if we believe that your Account is no longer secure. You will not: (a) provide any false information as part of your Account information or in connection with the Site; (b) create an Account for anyone other than yourself; (c) create or use more than one Account at any given time; (d) transfer your Account to anyone else; (e) permit others to use your Account; or (f) use or access other persons' Accounts.

4. Note to International Visitors

BY VISITING OUR WEB SITES AND USING ANY OF THE SERVICES AVAILABLE THROUGH THE WEB SITES (THE "SERVICES"), YOUR PERSONAL INFORMATION WILL BE PROCESSED IN ACCORDANCE WITH OUR PRIVACY POLICY ("PRIVACY POLICY"). YOUR PERSONAL INFORMATION MAY BE PROCESSED IN THE COUNTRY WHERE IT WAS COLLECTED, AS WELL AS IN COUNTRIES WHERE PRIVACY LAWS MAY BE LESS STRINGENT, INCLUDING THE UNITED STATES. BY USING THE SERVICES OR SUBMITTING PERSONAL INFORMATION THROUGH THE SERVICES, YOU ARE EXPRESSLY CONSENTING TO SUCH PROCESSES. TO THE EXTENT YOU PROVIDE PERSONAL INFORMATION ABOUT A NAMED PERSON OR ENTITY THAT IS NOT A CURRENT USER OF OUR SERVICES, YOU REPRESENT THAT YOU HAVE THAT PERSON OR ENTITY'S CONSENT TO DO SO.

5. Site Conduct

When using the Site, you agree to comply with the following guidelines:

  • you may not post or transmit information, data, text, software, graphics, sound, photographs, video, messages, or other content (collectively, "Content") that is unlawful, harassing, inaccurate, libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive, hateful, or is otherwise determined to be objectionable by us;
  • you may not interfere with other users' use of the Site;
  • you will not post or upload any virus, time bomb, worm, corrupted file, or other software routine capable of disrupting, disabling, harming the operation of, or providing unauthorized access, to the Site;
  • you will comply with all of these Terms and any applicable laws or regulations (including any laws regarding the export of data or software to and from the United States or other relevant countries);
  • you may not use the Site to advertise or sell products or services to others or engage in activities such as contests, sweepstakes, or pyramid schemes;
  • you may not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • you may not post or transmit Content that you do not have a right to post or transmit under any law or under contractual or fiduciary relationships (such as inside information, confidential information, etc.); and
  • you may not use the Site to solicit, collect or store personal data or passwords of other users.

6. Violation of Terms

If you violate any of these Terms or other user guidelines posted on the Site, or if TechSoup believes that your conduct or Content is offensive or illegal, violates the rights of, harms, or threatens to harm third parties, or may create liability for TechSoup or third parties, TechSoup reserves the right (but is not obligated) to investigate and take appropriate legal action in its sole discretion, including removing Content from the Site, notifying the appropriate authorities regarding the source of such Content, barring you from accessing the Site, and terminating your Account.

7. Submission of Content

You grant to TechSoup a world-wide, royalty-free, perpetual, irrevocable, transferable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, perform and display any and all Content (in whole or part) that you post or submit to the Site ("User Content"), and to incorporate the User Content in other works, in any form, media, or technology now known or later developed. You represent and warrant that: (a) you have the right to grant the foregoing license and to post and submit the User Content; and (b) the User Content will not infringe, misappropriate, or violate any third party rights (including any intellectual property rights). You are solely responsible for your User Content. TechSoup reserves the right in its sole discretion to delete or leave unchanged any Content submitted to or appearing on the Site.

8. Third Party Links and Third Parties on the Site

TechSoup or third parties may provide on the Site links to other Internet sites or services ("Third Party Sites and Services"). TechSoup has no control over Third Party Sites and Services; TechSoup does not endorse, and is not responsible for, any Third Party Sites and Services or the information, material, products or services contained on or accessible through Third Party Sites and Services. You acknowledge that TechSoup is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance upon any such information, material, products, or services. Many Third Party Sites and Services have their own terms of use and privacy policies that differ from ours. TechSoup's Terms and Privacy Policy only apply to our Site and do not apply to any Third Party Sites and Services.

We may allow third parties to provide certain information displayed on the Site. Any third-party information is not sponsored, endorsed, recommended, or licensed by TechSoup. You should directly contact the third parties and/or their references for the most accurate information.

Your interaction, correspondence or transactions with, third parties using the Site, including participation in promotions or e-commerce (collectively, "Third Party Interactions"), and any terms, conditions, warranties or representations associated with Third Party Interactions, are solely between you and such third parties. You agree that TechSoup shall not be responsible or liable for any loss or damage of any sort incurred in connection with your Third Party Interactions or the presence of such third parties on the Site. TechSoup reserves the right (but is not obligated), to monitor, or take any action TechSoup deems appropriate regarding, disputes between you and third parties using the Site. To the extent permitted under applicable laws, you hereby release TechSoup from any and all claims or liability related to: (a) any Content posted on the Site by you or third parties; or (b) the conduct, whether online or offline, of any third party.

You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

9. Indemnification

You agree to indemnify, defend and hold harmless TechSoup, its affiliates, governing board, officers, agents, employees, partners, and suppliers from any liability, loss, claim, demand, costs and expenses (including reasonable attorneys' fees) related to:

  • your use of the Site;
  • any breach or inaccuracy of any representation or warranty made under these Terms;
  • your violation of these Terms;
  • your violation of applicable laws or any rights of third parties; or
  • your posting of User Content to the Site.

10. Use and Storage of Content on the Site

TechSoup may establish general practices and limits concerning the use of the Site, including without limitation, the maximum number of days that Content will be available on, or retained by, the Site. TechSoup, in its sole discretion, reserves the right to change these general practices and limits at any time.

11. Ownership of Content and Intellectual Property Rights

TechSoup and its licensors own the Site and all Content therein (other than your User Content) ("Site Content") and all worldwide intellectual property rights relating to the foregoing. Except as expressly authorized by TechSoup, you may not copy, distribute, sell, lease, perform, display, sublicense, modify or prepare derivative works of the Site or Site Content, in whole or in part. TechSoup reserves all rights not expressly granted to you under these Terms. Any use of the Site not expressly permitted by these Terms will be deemed a breach of these Terms and may violate copyright, trademark, and other laws.

TechSoup will treat any feedback or suggestions you provide to it as non-confidential and non-proprietary. You grant TechSoup the right to use any feedback or suggestions you provide in any manner and for any purpose without any obligation to compensate you.

12. DISCLAIMER OF WARRANTY

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT TECHSOUP'S WARRANTY TO THE EXTENT SUCH WARRANTY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR CONDITIONS. ACCORDINGLY, ONLY THE EXCLUSIONS AND LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE, SITE CONTENT, AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TECHSOUP EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

IN PARTICULAR, NEITHER TECHSOUP NOR ANY OF ITS SUBSIDIARIES OR AFFILIATES REPRESENTS OR WARRANTS TO YOU THAT: YOUR USE OF THE SITE OR SITE CONTENT WILL MEET YOUR REQUIREMENTS; YOUR USE OF THE SITE OR SITE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, FREE OF VIRUSES OR OTHER HARMFUL CODE; ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

YOU DOWNLOAD OR OBTAIN MATERIAL FROM THE SITE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TECHSOUP OR THROUGH OR FROM THE SITE OR SITE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

13. LIMITATION OF LIABILITY

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT TECHSOUP'S LIABILITY FOR LOSSES TO THE EXTENT SUCH LIABILITY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS AND EXCLUSIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU EXPRESSLY AGREE THAT TECHSOUP, ITS AFFLIATES, GOVERNING BOARD, OFFICERS, AGENTS, EMPLOYEES, PARTNERS OR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING:

(A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN CONNECTION WITH THE SITE, SITE CONTENT, ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE IN CONNECTION WITH:

  • ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY INFORMATION POSTED ON THE SITE;
  • ANY CHANGES WHICH TECHSOUP MAY MAKE TO THE SITE, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE (OR ANY FEATURES WITHIN THE SITE);
  • THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE;
  • YOUR FAILURE TO PROVIDE TECHSOUP WITH ACCURATE ACCOUNT INFORMATION; YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; OR
  • ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

THE LIMITATIONS ON TECHSOUP'S LIABILITY TO YOU IN THE ABOVE PARAGRAPHS SHALL APPLY WHETHER OR NOT TECHSOUP HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

TECHSOUP'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE SITE, SITE CONTENT, ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, AND THESE TERMS WILL AT ALL TIMES BE LIMITED TO FIFTY U.S. DOLLARS ($50 USD), [EXCEPT THAT, WITH RESPECT TO ANY DONATED GOODS OR SERVICES RECEIVED THROUGH THE SITE, TECHSOUP'S LIABILITY, IN ANY CASE, IS EXPRESSLY LIMITED TO REPLACEMENT OF THE DEFECTIVE GOOD OR REPERFORMANCE OF THE SERVICE, OR AT TECHSOUP'S ELECTION, TO THE REPAYMENT OR CREDITING TO YOU OF AN AMOUNT EQUAL TO THE PRICE OF THE GOODS OR SERVICES.] THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

14. Copyright Infringement Policy

TechSoup takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law (including, in the United States, the Digital Millennium Copyright Act), and we maintain a policy of terminating the Accounts of repeat offenders. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by submitting written notification to our Copyright Agent.

The written notice must include substantially the following:

  • your physical or electronic signature;
  • identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works;
  • identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
  • adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address);
  • a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
  • a statement that the information in the written notice is accurate; and
  • a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

TechSoup's Copyright Agent can be reached as follows:

TechSoup
Attn: Legal Department
435 Brannan Street, Suite 100
San Francisco, CA 94107
privacy@techsoup.org

15. Trademarks

TECHSOUP and its logo is the registered trademark of TechSoup. You must not use any TechSoup trademarks without the prior written permission of TechSoup. All third-party trademarks on the Site are the property of their respective owners.

16. Modifications to the Site

TechSoup reserves the right from time to time to modify the Site, suspend access to all or portions of the Site, or close the Site indefinitely, with or without notice. You agree that TechSoup will not be liable to you or to any third party for any modification, discontinuance, or suspension of the Site, in whole or in part.

17. Termination

Subject to this Section, this Agreement will remain in full force and effect while you use the Site or maintain an Account. You may terminate your Account at any time and for any reason through the appropriate account management page on the Site. TechSoup has the right to terminate your Account, immediately effective upon sending notice to you at the e-mail address you provide in your Account. You agree that we will have no liability to you for any costs, expenses, losses, damages, or liabilities arising out of or relating to our termination of your Account, your access to and use of the Site, or this Agreement. Even after this Agreement is terminated for any reason, the following provisions of this Agreement will remain in effect: Sections 7, 8, 9, 12 through 14, 17, 20, and 21.

Without limiting the foregoing, if you use, copy, distribute, sell, display, perform, sublicense or prepare derivative works of any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at TechSoup's sole discretion, return or destroy any copies of Site materials you have made.

18. Disclosures

TechSoup is located at 435 Brannan Street, Suite 100, San Francisco, CA 94107. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

19. Electronic Communications

For contractual purposes, you (a) consent to receive communications from TechSoup in an electronic form (whether TechSoup posts notices on the Site or communicates with you via email); and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that TechSoup provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights. Any notices to you by TechSoup may be made by either email or regular mail.

20. General Provisions

These Terms and any Additional Terms constitute the final, complete, and exclusive agreement between you and TechSoup regarding the Site and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral, between you and TechSoup (including, but not limited to, any prior versions of these Terms).

These Terms and the resolution of any controversy or claim arising out of or related to these Terms or the Site ("Claim") shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. TechSoup's failure to insist upon strict enforcement of any provision of these Terms shall not be construed as a waiver of any provision or right. All waivers will be effective only if in writing. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will be enforced in accordance with their terms. You acknowledge that the Site and Site Content contains valuable trade secrets and proprietary information of TechSoup, that any actual or threatened breach of the Section entitled "Ownership of Content and Intellectual Property Rights" will constitute immediate, irreparable harm to TechSoup for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. The section headings in these Terms are for convenience only and have no legal or contractual effect. "Includes" and "including" are not limiting.

Regardless of any statute or law to the contrary, you hereby waive your right to bring any Claim against TechSoup more than 1 year after such Claim first arose.

21. Arbitration

All Claims will be settled by binding arbitration in accordance with the Comprehensive Arbitration Rules of JAMS. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. You consent to the arbitration being conducted in the English language and in the county of San Francisco, California. Each party will bear its own costs incurred in such arbitration proceeding. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, TechSoup may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.

Anti-Discrimination Policy

TechSoup Global is an equal opportunity organization and will not allow discrimination based upon age, ethnicity, ancestry, gender, national origin, disability, race, size, religion, sexual orientation, socioeconomic background, or any other status prohibited by applicable law.

Organizations must be willing and able to attest that they do not discriminate on any of the above grounds in order to receive resources from TechSoup. External evidence, such as negative publicity or social media, that reveals such discrimination, hate speech, or disrespectful or bullying behavior, as determined by TechSoup in its sole discretion, may be taken into consideration. TechSoup reserves the right to refuse service to anyone for any reason at any time.

Organizations will also be subject to eligibility requirements from donors who may require agreement to their own anti-discrimination policies.