Agreement between user and http://www.abovegoal.com
The http://abovegoal.com website (the “Site”) and https://app.abovegoal.com is comprised of various web pages operated by Above Goal LLC (“Above Goal”). http://abovegoal.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of http://abovegoal.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Above Goal provides a software-as-a-service platform to fundraising consulting firms and nonprofit organizations.
Provision of Purchased Services.
We will (a) make the services and content available to you pursuant to this agreement and the applicable order forms, (b) provide applicable Above Goal standard support for the Services to you at no additional charge, and/or upgraded support if purchased, (c) use commercially reasonable efforts to make the online services available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which we shall give advance electronic notice as provided in the documentation), and (ii) any unavailability caused by circumstances beyond our reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving our employees), Internet service provider failure or delay, non-Above Goal Application, or denial of service attack.
Visiting http://abovegoal.com or sending emails to Above Goal constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Above Goal is not responsible for third party access to your account that results from theft or misappropriation of your account. Above Goal and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
While we go through great pains to maintain the security of your data from the way we write the code, to having vulnerability assessments and penetration tests run, it is your responsibility to be sure that you do not include credit card account numbers, social security numbers, bank account numbers or any other such information, which could easily be used fraudulently.
Above Goal collects personally identifiable information from children under the age of thirteen. Above Goal collects this information for the following reason(s):
Sometimes nonprofits collect information about the relatives of donors. These donors might be under the age of 13.
If you are under the age of thirteen, you must ask your parent or guardian for permission to use this Site. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use http://abovegoal.com only with permission of a parent or guardian.
Fees And Payment for Purchased Services
- Active Campaigns. Above Goal bills you monthly for “active campaigns”. If you choose to purchase campaign months” in bulk you will be subject to the terms specified in those promotions.
- Fees. You will pay all fees specified in invoices. Except as otherwise specified herein or in an invoice (i) fees are based on “active campaigns” purchased and not actual usage, (ii) payments are non-refundable except in the case of the first 90 days of a new client. If you are a new client and your first payment was for a year or more up-front, you can cancel in the fist 90 days and will receive a pro rated refund based on the month-to-month cost.
- Invoicing and Payment. You will provide Us with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to Us. If You provide credit card information to Us, You authorize Us to charge such credit card for all purchased services listed in the invoice for the subscription term on a recurring basis. If the invoice specifies that payment will be by a method other than a credit card, We will invoice You in advance and otherwise in accordance with the relevant invoice. Unless otherwise stated in the Invoice, invoiced charges are due net 10 days from the invoice date. You are responsible for providing complete and accurate billing and contact information to Us and notifying Us of any changes to such information.
- Overdue Charges. If any invoiced amount is not received by Us by the due date, then without limiting Our rights or remedies, (a) those charges may incur a 1.5% penalty on the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, and/or (b) We may condition future subscription renewals and Invoices on different payment terms.
- Suspension of Service and Acceleration. If any amount owing by You under this or any other agreement for Our services is 30 or more days overdue (or 10 or more days overdue in the case of amounts You have authorized Us to charge to Your credit card), We may, without limiting Our other rights and remedies, suspend Our services to You until such amounts are paid in full. Other than for customers paying by credit card or direct debit whose payment has been declined, We will give You at least 10 days’ prior notice that Your account is overdue, before suspending services to You.
- Payment Disputes. We will not exercise Our rights described in the Overdue Charges and Suspension of Service and Acceleration sections if You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.
- Taxes. Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with Your purchases hereunder. If We have the legal obligation to pay or collect Taxes for which You are responsible We will invoice You and You will pay that amount unless You provide Us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, We are solely responsible for taxes assessable against Us based on Our income, property and employees.
- Future Functionality. You agree that Your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Us regarding future functionality or features.
Links to third party sites/Third party services
http://abovegoal.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Above Goal and Above Goal is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Above Goal is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Above Goal of the site or any association with its operators.
Certain services made available via http://abovegoal.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://abovegoal.com domain, you hereby acknowledge and consent that Above Goal may share such information and data with any third party with whom Above Goal has a contractual relationship to provide the requested product, service or functionality on behalf of http://abovegoal.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Above Goal or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices; legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Above Goal content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Above Goal and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Above Goal or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Above Goal from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Above Goal Content accessed through http://abovegoal.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Above Goal, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Above Goal reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Above Goal in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ABOVE GOAL LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ABOVE GOAL LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ABOVE GOAL LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Above Goal reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of South Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in South Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Above Goal as a result of this agreement or use of the Site. Above Goal’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Above Goal’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Above Goal with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Above Goal with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Above Goal with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Above Goal reserves the right, in its sole discretion, to change the Terms under which http://abovegoal.com is offered. The most current version of the Terms will supersede all previous versions. Above Goal encourages you to periodically review the Terms to stay informed of our updates.
Above Goal welcomes your questions or comments regarding the Terms:
Above Goal LLC
3504 Highway 153 #187
Greenville, SC 29611
Effective as of August 19, 2019