MPGC Terms of Service

1. ACCEPTANCE OF TERMS

Welcome to the Minnesota Planned Giving Council member services area! MPGC provides this service to you, subject to the following Terms of Service ("TOS"). The TOS may be updated by the MPGC from time to time without notice. You can review the most current version of the TOS at any time at www.MNPGC.org As used below, the term MPGC includes any parties representing MPGC, including designees, board members, supporters, contractors, partners, and providers.

The following Notices, Terms, Conditions and Policies govern the use of the MPGC Web site, network and services. By accessing or using the MPGC Web site network or services, customers and users agree to be bound by the terms and conditions set forth in these Notices, Terms, Conditions and Policies. All Association members and users are responsible to regularly review these Notices, Terms, Conditions and Policies to determine the most current obligations and requirements.

2. AUTHORIZATION OF USE

Any person is authorized to view the information, images, texts, documents and all other content posted on the Association Web site for informational purposes only. Association may modify the terms and conditions of use at any time, without prior notice, and such modifications shall become effective upon posting on the Association Web site. Association reserves the right to restrict access to its Web site or the contents contained therein. All users are responsible to review regularly the contents of this Notice to determine the terms and conditions contained herein.

3. DESCRIPTION OF SERVICE

MPGC provides users with access to online resources. Unless explicitly stated otherwise, any new features that augment or enhance this Service will be subject to the TOS. In order to use this Service, you must obtain access to the World Wide Web on your account, either directly or through devices that access web-based content, and pay the cost of a membership service fee associated with the MPGC. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

4. REGISTRATION OBLIGATIONS

In consideration of your use of this Service, you will: (i) provide true, accurate, current, and complete information about yourself as prompted by the MPGC membership form (the "Registration Data"), and (ii) maintain and promptly update the membership data to keep it true, accurate, current, and complete. If you fail to comply with these requirements, the MPGC may suspend or terminate your account and refuse any current or future use of this Service (or any portion thereof).

5. MPGC PRIVACY POLICY

MPGC may disclose to third parties certain composite information contained in your Registration Data or in related data, provided that such information will not include personally identifying information, except as specifically authorized by you or except as reasonably necessary to (i) comply with legal requirements, (ii) enforce the TOS, or (iii) take action under any of the circumstances set forth in MPGC's privacy policy, as amended from time to time.

6. MEMBER CONDUCT

You are solely responsible and liable for all information, data, text, or other materials (collectively "Content"), whether publicly posted or privately transmitted, that you post or transmit via the Service. MPGC does not (i) control any content posted via the service, or (ii) guarantee the accuracy, integrity, or quality of such content. In using the service, you will not, whether intentionally or unintentionally:

• Upload, post, or transmit any content, regardless of whether such content actually violates applicable statutes or other laws, that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially or ethnically offensive, or otherwise objectionable, (ii) depicts sexual acts or conduct, whether involving minors or adults, and whether implicit or explicit, the primary appeal of which is prurient, or (iii) contains sexually-oriented material that, in the specific context, is offensive or otherwise inappropriate;
• Harm anyone in any way, including minors;
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Upload, post, or transmit any content (i) to which you do not have the requisite rights, (ii) that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party, (iii) that constitutes unsolicited or unauthorized advertising, promotional material, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, or (iv) that contains software viruses or any other computer code, files, or programs designed to interrupt, limit the functionality of, or otherwise adversely affect any computer software or hardware or any telecommunications equipment;
• Interfere with or disrupt the Service, or the servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
• Violate any applicable local, state, national, or international law;
• Collect or store personal data about other users;
• Promote or provide instructional information about illegal activities, promote harm or injury against any group or individual, or promote any act of cruelty, whether to animals or otherwise.

7. INTERNATIONAL USE

Recognizing the global nature of the Internet, you will comply with all local rules regarding online conduct and acceptable Content, including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

8. CONTENT SUBMISSIONS

Certain areas of the Association Web site provide for the exchange of information between the user and MPGC. Any submission by the user becomes the property of MPGC and the user, by submitting such content, represents that it holds title to and the right to use such content and grants MPGC the right to use the content of those submissions in accordance with MPGC's privacy policy. In no event will MPGC or any of its subsidiaries or affiliates be held liable for its use of such content.

9. RESPONSIBILITIES

You are solely liable and responsible for any claim or demand made by a third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

You are responsible for protecting the security of any access security device, including your user name and password. You agree to keep all access security devices and means to attain an access security device confidential to prevent unauthorized access to your account and to prevent unauthorized use of the service. In the event you believe the security of your access security device is compromised, you must change the components of the device. It is your obligation to inform us if you believe unauthorized use has occurred. We can cancel your access to this service at our discretion and without prior notification.

10. HIGH-RISK ACTIVITIES

The Service is not fault-tolerant and is not designed or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Service could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, MPGC specifically disclaims any express or implied warranty of fitness for High Risk Activities. Licensee agrees that MPGC will not be liable for any claims or damages arising from the use of the Service in such applications.

11. NO RESALE OF SERVICE

You will not reproduce, duplicate, copy, sell, resell, or exploit any portion of your member services, including use of the Services or access to the Services.

12. SERVICE RESTRICTIONS

You will abide by all practices, storage limits, and other restrictions concerning the member services that MPGC may establish from time to time.

13. SERVICE MODIFICATIONS

MPGC reserves the right at any time to modify its services (or any part thereof) with or without notice. MPGC will not be liable to you or to any third party for any modification of these Services. MPGC reserves the right to charge annual fees for any Service. You will be given appropriate notice prior to the assessment of any fees.

14. CANCELLATION POLICY

All events that require payment will have the following cancellation policy:

All cancellations must be received in writing no later than 7 business days before the event. Cancellations received before or on this date will receive a full refund, less a $25 administrative fee. Cancellations made less than 7 business days before the event will not receive a refund. No-shows will not receive a refund.

In the event of an event costing less than $25 for registration, the administrative fee shall be waived.

NO SHOWS WILL BE BILLED.

15. LINKS

Either the Service or third parties may provide links to other World Wide Web sites or resources. Links to third party Web sites are provided for the users convenience and information only. MPGC does not control and is not responsible for the content appearing on these sites. In no event will MPGC or its subsidiaries or affiliates be liable for any damages suffered by user with regard to access to or use of such Web site or the contents contained therein. MPGC makes no representations to the user concerning these sites or about the content, advertising, products, or other materials on or available from these sites and the fact that MPGC makes these links available to the user is not an endorsement or recommendation to you by MPGC of any of these sites or any material found there. Further, MPGC is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on such Content, goods, or services. The user is responsible to review and comply with the Notices, Terms, Conditions and Policies governing third party Web sites.

16. MPGC PROPRIETARY RIGHTS

The Service and any software provided by MPGC in connection with the provision of services ("Software") contain proprietary or confidential information that is protected by applicable intellectual property and other laws. Further, Content contained in sponsor advertisements or other information available to you through the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by MPGC, you will not modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part. MPGC grants you a limited, personal, non-transferable, non-exclusive license to use the object code of Software on a single computer (the computer you are using at a specific time), provided that with respect to such Software you do not (and do not allow any third party to) copy, modify, sell, sublicense or otherwise transfer, create a derivative work of, reverse engineer, decompile, reverse assemble or otherwise attempt to discover any source code (except as expressly permitted by local laws), or grant a security interest in or otherwise assign any right. You will not use modified or unauthorized versions of the Software for any purpose, including for the purpose of obtaining access to the Service; you will not access the Service by any means other than through the interface that is provided by MPGC for such use.

17. DISCLAIMER OF WARRANTIES

1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND LIABILITY. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MPGC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
2. MPGC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) ANY RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, AND FOR LOSS OF DATA, THAT RESULTS FROM ANY SUCH MATERIAL.
4. THE INFORMATION, IMAGES, TEXTS, DOCUMENTS OR CONTENTS APPEARING ON THE ASSOCIATION WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY IMPLIED BY LAW. IN NO EVENT SHALL ASSOCIATION OR ANY OF ITS AFFILIATE COMPANIES OR SUBSIDIARIES BE LIABLE FOR ANY SPECIAL, INCIDENTIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOST DATA OR PROFITS), OR ANY OTHER DAMAGES WHATSOEVER WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, UNDER ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE IMAGES, TEXT, DOCUMENTS, CONTENT AND INFORMATION. THIS INFORMATION COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES MAY BE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MPGC, OR THROUGH OR FROM THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

19. LIMITATION OF LIABILITY

MPGC IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA (EVEN IF MPGC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING IN ANY MANNER FROM THE SERVICE, INCLUDING: (i) THE USE, OR THE INABILITY TO USE, THE SERVICE; (ii) THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS OR DATA; OR, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY.

20. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 15 AND 16 ABOVE MAY NOT APPLY TO YOU.

21. NOTICES

Notices to you may be made via either e-mail or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices generally.

22. COPYRIGHTS

The names, logos and taglines identifying MPGC's products and services are proprietary marks of Association or its subsidiaries. Other trademarks appearing on the Association Web site may be owned by unaffiliated entities.

23. GENERAL

1. The TOS constitutes the entire agreement between you and MPGC governing the Service, although you may also be subject to additional terms and conditions when you use affiliate or other MPGC services, third-party content, or third-party software. The TOS supersedes any prior communications, understandings, statements, or agreements between you and MPGC; further, the latest version of the TOS supersedes any prior versions of the TOS.
2. The TOS and the relationship between you and MPGC will be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and MPGC hereby submit to the personal and exclusive jurisdiction of the courts located within the County of Ramsey, Minnesota.
3. The failure of MPGC to exercise or enforce any provision of the TOS will not constitute a waiver of such provision.
4. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the court should nevertheless give effect to the parties' intentions as reflected in the provision, and allow the other provisions of the TOS to remain in full force and effect.
5. Any claim or cause of action arising out of or related to the Service or the TOS must be filed within one year after such claim or cause of action first arises; otherwise, such claim or cause of action is forever barred, regardless of any statute or law that otherwise would provide to the contrary.