Giving Fund Terms and Conditions
NCF Gift and System Use Agreement
PLEASE READ CAREFULLY. THIS USER AGREEMENT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND NCF.
This NCF Gift and System Use Agreement (“User Agreement”) is between you and the National Christian Charitable Foundation, Inc., in its capacity as trustee or otherwise, or any one of the following of its supporting organizations and other affiliated organizations: National Christian Foundation, Inc., NCF Corporation, solely in its capacity as trustee of NCF Charitable Trust, National Christian Foundation Real Property, Inc., and NCCF Support, Inc. (each identified herein as “NCF” or “we,” or related terms). This User Agreement governs your gifts to and recommendations of grants from NCF; NCF’s use of gifts you make to it and information you provide to it; and other public or private communications or actions of you or NCF, and interactions between you and NCF or its systems, related to the consideration, making, facilitation, recording, maintenance, management, administration, exploitation, liquidation, expenditure, or grants of such gifts or recommendations, gifted property, or the proceeds thereof. The foregoing subjects of this User Agreement include NCF’s provision of, and your access to, acceptance of, action or restraint in reliance on, and use for any purpose of NCF’s limited-access websites (including new features, any successor site, and the limited-access portion odif any other of NCF’s websites) (together, the “Secure Site”), other parts of NCF’s systems, and information, materials, products, and services that NCF provides in any form or by any means.
You accept this User Agreement, which becomes a binding agreement if and when NCF approves your Giving Fund, not only by signing a copy of or otherwise expressing acceptance to this agreement, but also by making a gift or grant recommendation to NCF, or accessing, accepting, taking action or refraining from action in reliance on, or otherwise using the Secure Site, another part of an NCF system, or information, materials, products, or services NCF has provided. You acknowledge and agree that you have no rights with respect to NCF or its systems, including the Secure Site, other than the rights expressly granted to you in this User Agreement. For example, if you do not agree to be bound by this User Agreement, you may not access or use the Secure Site.
Your use of the Secure Site is governed also by the NCF Public Website Terms and Conditions, the terms of which, as amended from time to time, are incorporated herein by reference. In the event of a conflict between the terms and conditions of this User Agreement and the NCF Public Website Terms and Conditions, the terms and conditions of this User Agreement govern.
An Authorized Person (defined below) may obtain a paper copy of the current version of this User Agreement and any terms, conditions, or guidelines incorporated herein by reference by delivering a written request for same to NCF. See also any links that may be provided near the top of the first page of the electronic version of this User Agreement.
All capitalized terms used, but not otherwise defined, herein have the meanings assigned to them in The Essential Guide to NCF’s Giving Solutions available on NCF’s public website at www.ncfgiving.com (the “Guide”). You acknowledge that you have read and understand NCF’s Guide, and that you understand and agree that no part of such Guide constitutes an agreement between you and NCF, and that NCF may modify them at any time and from time to time in its sole discretion.
The term “Authorized Person” means a giver to NCF or any other person NCF authorizes to access information about an NCF Giving Fund or a gift, or provide recommendations with regard to a NCF Giving Fund, who, when NCF has required, has executed an account-access-authorization form and received a user name and password.
“NCF Material or Communication” means any text (including numbers), sounds, images, and other expressions, regardless of form but excluding computer code, that NCF, its employees, or agents create, record, express verbally or in in writing, publish, broadcast, post, or otherwise make available by any means (including the Secure Site), other than Third Party Material (defined below) which NCF is licensed to use or display.
“Confidential Information” means any information about NCF or a director, officer, employee, agent, or contractor of or with NCF, a donor or fund-advisor to NCF other than you, or a fund of NCF (including information about fund transactions) with regard to which you are not an Authorized Person, that NCF has not disclosed intentionally to the general public (including the fact that a person is a donor or fund-advisor to NCF, and any computer code owned or licensed by NCF).
Modification of this User Agreement
We may amend this User Agreement, including terms, conditions, and guidelines incorporated herein by reference, at any time. You consent to and accept any such amendment by signing a copy or otherwise expressing acceptance, or by doing any of the following after NCF posts the amended User Agreement on any of its public websites: making a gift or grant recommendation to NCF, or accessing, accepting, taking action or refraining from action in reliance on, or otherwise using the Secure Site, another part of a NCF system, or information, materials, products, or services NCF has provided. No other act, document, usage or custom amends or modifies this User Agreement. Notwithstanding the foregoing, NCF may not terminate your advisory privileges regarding grants to be made of property or the proceeds of property you have given to NCF prior to the effective date of the modification, unless NCF is required to terminate such privileges by law or as a condition of its status as an organization exempt from federal income tax, contributions to which are tax-deductible.
Contributions to NCF and Grant Advisory Privileges
You represent and agree that each payment of cash or other transfer of property you have made or hereafter make to NCF, unless otherwise expressly agreed beforehand, is a charitable gift, is irrevocable and nonrefundable, does not render you legally insolvent and is not otherwise a voidable transaction, and that NCF is the absolute and unconditional legal owner of any property transferred, and maintains full discretion and control as to its use, without limitation other than the broad charitable-use limitation in the next sentence, and the advisory privileges described in the next paragraph. NCF agrees that it will not knowingly use any such gift or its proceeds for any purpose other than one described in Internal Revenue Code Section 501(c)(3) (or its successor). You further agree and understand that NCF may accept or decline to accept any payment of cash or other property you make or purport to make to NCF. If NCF elects to accept a payment, the gift is complete at the time of NCF’s acceptance.
Donors to NCF have the right to advise and to designate at least one other person to advise NCF regarding grants of property or the proceeds of property they have given to NCF. You agree that, to the extent you hold advisory rights over a NCF fund, you will not recommend any grant if you anticipate that you or any donor or advisor to the fund (or any related individual or related entity other than one qualified to receive grants from NCF) will receive directly or indirectly any benefit that is more than incidental as a result of the recommendation or grant. Such benefit includes tuition or payment of other educational costs, admission to any event, and discharge of any pledge or other legal obligation. You further agree that if offered or presented with any such benefit as a result of such a recommendation or grant, you will decline. If you make a recommendation that violates the foregoing, or recommend a grant that you know would violate then-current standards that NCF has published in its Guide or otherwise (for example, you know the grantee is a private non-operating foundation, or intends to use the grant for political campaigning), then you will cooperate with NCF in recovering the grant, reimburse NCF for the amount of the grant that is not recovered, and indemnify NCF for any costs, liabilities, and damages incurred in recovering the grant or otherwise as a result of the grant.
If you are not an Authorized Person, you may not access or use the Secure Site, and NCF hereby instructs you to terminate access and use.
Provided you are an Authorized Person, and subject to your continued compliance with the terms of this User Agreement, NCF hereby grants you a personal, revocable (at any time and for any reason in the discretion of NCF), non-exclusive, non-transferable, limited license (without the right to sublicense) to do the following only for your personal, non-public, charitable purposes, and only in accordance with rules that NCF publishes from time to time in this User Agreement or on any of its public websites: (1) activate or use the functions of the Secure Site; and (2) view, listen to, download, copy, record, and distribute or disclose any NCF Material or Communication that does not include Confidential Information. (Remember that this license is in addition to any license granted in the NCF Public Website Terms and Conditions.)
Password Security and Notification
You will maintain the confidentiality of any user name or password by which you access the Secure Site, NCF Material or Communication, or information NCF maintains about you or any fund with regard to which you are an Authorized Person. NCF may deem any use of any user name or password assigned to you to be your use, and you are responsible for all uses of such assigned user name or password, whether or not authorized by you. You agree to notify NCF in writing immediately if you become aware of any loss or theft of any user name or password assigned to you, or any unauthorized access to or use of any such user name or password or of the Secure Site, NCF Material or Communication, or information about you or any fund with regard to which you are an Authorized Person. You agree that, until the expiration of a reasonable time after you have notified NCF of such a security breach, NCF may assume that you have communicated any instruction or information entered using any user name and password assigned to you, and it will have no obligation to inquire into the propriety of such communication. You are solely responsible for monitoring the use of and the security surrounding your user names and passwords.
You represent, warrant, and promise that all information you have submitted or will submit to NCF, including your identity, is and will be accurate, and that you will promptly notify NCF in writing of any changes to that information. You also agree that you will not do the following on, to, or by means of the Secure Site or any other part of NCF’s systems: (i) post unauthorized commercial communications (such as spam), (ii) collect or attempt to collect any other user’s content or information or access the Secure Site by automated means (such as harvesting bots, robots, spiders, or scrapers) without NCF’s prior permission, (iii) engage in marketing or advertising, (iv) upload viruses or other malicious code, (v) solicit login information for or access a fund or information about a fund with regard to which you are not an Authorized Person without prior permission from NCF or that person, (vi) bully, intimidate, or harass any other user, (vii) post content that is hateful, threatening, pornographic, incites violence, or contains nudity or graphic or gratuitous violence, (viii) promote use of alcohol or illegal drugs, (ix) defame another person, (x) infringe or violate someone else’s rights (including intellectual property rights) or denigrate a person on account of race or sex, (xi) do or permit any activity that reasonably may disable, overburden, or impair the proper working or appearance of the Secure Site, or (xii) engage in any activity or pursue any purpose that is unlawful, misleading, malicious, or prohibited by this User Agreement or other rules published by NCF on any of its public websites.
You agree that if you should obtain Confidential Information from or by means of the Secure Site or another part of NCF’s systems, or otherwise in the course of your interaction with NCF, you will refrain from disclosing such information to any other person and will deliver to NCF any documents or records, regardless of form, that contain such information without making additional copies. You agree that NCF may enforce this promise in an action for specific performance.
You acknowledge, moreover, that any information you provide to NCF is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity, and acknowledge and agree that NCF may comply with all requests for such information by government investigators.
Communications from NCF
You understand and agree that, as part of your use of the Secure Site, NCF or its agents may send to you certain communications from time to time, such as announcements regarding possible interruptions or other conditions that may affect access to or use of the Secure Site. You agree to provide NCF with your current email address, promptly provide NCF with any changes to your email address, and accept electronic communications from NCF at the email address you specify. Your agreement to receive such communications is a condition to your access to and use of the Secure Site or NCF Material or Communication.
Third Party Material
Material on the Secure Site may include or provide access to news, information, commentary, interactive tools, advertisements, research reports and data concerning charitable giving, charitable organizations, or other subjects that may have been developed or may be owned by individuals or organizations other than NCF (and is identified herein as “Third Party Material”). You should assume that all Third Party Material is protected by copyright pursuant to United States laws and international treaties and is owned or licensed by the Third Party Material provider(s). By providing or making available to you, or directing you to such Third Party Material, NCF is not endorsing or approving such Third Party Material or its developer or owner.
No Professional Advice
You acknowledge and agree that neither NCF nor any employee or agent of NCF engages in the practice of law or accounting, or other professional or licensed service activity on behalf of you or any person other than NCF, and that any legal, tax, or financial information NCF provides it provides solely for general informational purposes and not as legal, financial or professional advice. NCF does not intend for you to rely on such information, and in fact advises you not to rely on it, but to consult with a legal, tax, or other advisor for information and advice related to your specific situation. NCF suggests that you engage your own legal or other professional counsel, as you deem appropriate, to determine the legal or other consequences before giving to or otherwise engaging with NCF. NCF does not provide legal or tax advice. Each person’s tax situation is unique and likely to be affected by specific facts and circumstances that are beyond NCF’s control or knowledge. Additionally, tax laws and regulations, both at the federal and state levels, change frequently, and their applicability to a particular person’s circumstances can vary widely. NCF disclaims any responsibility for the accuracy or adequacy of any position taken by donors on their tax returns.
NCF PRODUCES, DELIVERS, DISPLAYS, PROVIDES, OR OTHERWISE MAKES AVAILABLE TO OR FOR YOU the Secure Site, other parts of NCF systems, NCF Material or Communication, THIRD PARTY MATERIAL, AND OTHER PRODUCTS AND SERVICES, AND THIRD PARTY MATERIAL PROVIDERS PROVIDE AND OTHERWISE MAKE AVAILABLE ALL THIRD PARTY MATERIAL on the secure site, ON AN “AS IS” BASIS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. NCF AND EACH THIRD PARTY MATERIAL PROVIDER, THE AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES OF ANY OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LEGAL REPRESENTATIVES, AGENTS, HEIRS, SUCCESSORS AND ASSIGNS (COLLECTIVELY “PROTECTED PARTIES”) DISCLAIM, TO THE FULLEST EXTENT OF THE LAW, ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE SECURE SITE, NCF SYSTEMS, NCF MATERIAL OR COMMUNICATION, THIRD PARTY MATERIAL, OR OTHER PRODUCTS OR SERVICES NCF DELIVERS, DISPLAYS, PROVIDES, OR OTHERWISE MAKES AVAILABLE, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY AND/OR NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PROTECTED PARTIES DO NOT REPRESENT, WARRANT, OR PROMISE, AND IN FACT EXPRESSLY DISCLAIM ANY REPRESENTATION, WARRANTY, OR PROMISE, THAT
- COMMUNICATIONS OR INFORMATION, INCLUDING PERSONAL INFORMATION, THAT YOU TRANSMIT OR DISPLAY TO, FROM, ON, OR OVER THE SECURE SITE, OR OTHERWISE TO NCF, WILL BE MAINTAINED AS SECURE AND CONFIDENTIAL; OR
- ANY NCF MATERIAL OR COMMUNICATION, OR ANY OTHER PRODUCT OR SERVICE NCF DELIVERS, DISPLAYS, PROVIDES, OR OTHERWISE MAKES AVAILABLE TO YOU WILL BE ACCURATE, TIMELY, USEFUL, COMPLETE, OR HARMLESS.
Assumption of Risk
YOU ASSUME ALL RISKS OF VIEWING, USING, DISTRIBUTING, REPEATING, OR ENDORSING NCF MATERIAL OR COMMUNICATION OR THIRD PARTY MATERIAL.
Waiver of Liability, and Sole Remedy
YOU WAIVE, RELEASE AND DISCHARGE THE PROTECTED PARTIES FROM, AND COVENANT NOT TO SUE THE PROTECTED PARTIES FOR, ANY LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, AND INCLUDING INTANGIBLE DAMAGES) CAUSED BY OR IN ANY WAY CONNECTED WITH (1) the Secure Site, (2) Another PART of NCF’S systems, (3) NCF MATERIAL OR COMMUNICATION or thirty party material, (4) NCF’S PROVISON OR MAKING AVAILABLE OF ANY PRODUCTS OR SERVICES, OR (5) ANY other public or private act OR FAILURE TO ACT of NCF, OR ANY INTERACTION BETWEEN YOU AND NCF OR ITS SYSTEMS, THAT IS related to the consideration, making, facilitation, recording, maintenance, management, administration, exploitation, liquidation, expenditure, or grants of YOUR gifts or recommendations, gifted property, or the proceeds thereof, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY YOUR VIEWING OR OTHER USE OF, OR RELIANCE UPON, NCF MATERIAL OR COMMUNICATION OR THIRD PARTY MATERIAL, BY INTERACTION WITH THIRD PARTIES INTRODUCED TO YOU BY NCF, BY HANDLING OR MISHANDLING OF ANY OF YOUR USER NAMES OR PASSWORDS, BY CORRUPTED, DISTORTED, OR ERRONEOUS DATA, OR BY THEFT, UNAUTHORIZED ACCESS TO, OR DESTRUCTION OF PERSONAL OR OTHER INFORMATION, REGARDLESS OF CIRCUMSTANCES, WHETHER OR NOT SUCH DAMAGE RESULTS IN WHOLE OR IN PART FROM A PROTECTED PARTY’S BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR OTHER ACTION OR OMISSION (BUT NOT TO THE EXTENT SUCH DAMAGE RESULTS FROM A PROTECTED PARTY’S WILLFUL AND WANTON MISCONDUCT), AND EVEN IF ONE OR MORE OF THE PROTECTED PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY ASPECT OF YOUR INTERACTION WITH NCF, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE SUCH INTERACTION. TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT THE FOREGOING LIMITATIONS OR EXCLUSIONS OF LIABILITY, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE PROTECTED PARTIES FOR ANY REASON WHATSOEVER RELATED TO YOUR INTERACTION WITH NCF MAY NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR NCF SERVICES, WHICH DOES NOT INCLUDE THE AMOUNT OF ANY GIFTS YOU MAKE TO NCF.
You agree to indemnify NCF and any of its licensors, and their respective parents, affiliates, subsidiaries, and related companies, and all of their respective officers, directors, employees, legal representatives, agents, heirs, successors and assigns, from and against any damages, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and court costs) arising out of or connected in any way to any claims, actions, suits or demands based on or related to your use of the Secure Site or any other part of NCF’s systems, or any breach by you of this User Agreement.
NCF will not terminate your advisory privileges, to the extent you possess them, regarding grants to be made of any cash or other property or the proceeds of property you have given to NCF, unless you breach this User Agreement (but NCF may terminate your advisory privileges if you are a person a donor has designated to have such privileges and that donor rescinds the designation). However, NCF expressly reserves the right to terminate, limit, or modify the license it has granted to you in this User Agreement, your access to the Secure Site or any other component of its systems, the functionality or content of the Secure Site, its provision of or your access to any NCF Material or Communication, or its provision of any products or services, and to remove any communication or information you post or otherwise record on the Secure Site or any other part of NCF’s systems, without notice and for any reason it deems appropriate in its discretion, including your failure to comply with the User Agreement, or its suspicion of fraudulent or unlawful activity by you. (This reservation of right does not limit other actions NCF may take in the event of actual fraud or unlawful activity.)
To the extent you download or provide a link to NCF’s Donate Button, NCF hereby grants you a personal, revocable (at any time and for any reason in the discretion of NCF), non-exclusive, non-transferable, limited license (without the right to sublicense), only for NCF’s charitable purposes, and only in accordance with rules that NCF publishes from time to time, to display or use the functions of the Donate Button. You represent and agree that you will use the Donate Button exclusively to facilitate charitable gifts to NCF.
You acknowledge and agree that each gift made to NCF via the Donate Button, unless otherwise expressly agreed beforehand, is a charitable gift to NCF, is irrevocable and nonrefundable, and that NCF is the absolute and unconditional legal owner of any property transferred, with full and exclusive discretion and control as to the use of the property; and you agree that you will not contradict the foregoing in whole or in part, such as by stating that gifts made via the Donate Button are gifts to you or to any individual or organization other than NCF, or that NCF is bound to use those gifts for a particular purpose.
Dispute Resolution and Choice of Law
This User Agreement is governed by and must be interpreted in accordance with the laws of the State of Georgia, without reference to its conflicts of law principles. You agree that any dispute between you and NCF or an affiliate, subsidiary, or related company of NCF, or any officer, director, employee, agent, successor, or assign of any of the foregoing, which is not otherwise disposed of by private agreement and arises out of or in any way relates to the User Agreement, Secure Site, gifts you have made (or alleged to have made) to NCF, services NCF provides or fails to provide, or other subjects of this User Agreement is to be resolved by binding arbitration in accordance with the rules of the Institute for Christian Conciliation, without recourse to any court or tribunal except to the extent necessary to enforce said Institute’s arbitral award or finding. You also agree that any such dispute resolution proceedings will be conducted in an individual basis and not in a class, consolidated, or representative action. You hereby consent to the exclusive jurisdiction of the state or federal courts located in the State of Georgia, specifically the Superior Court of Fulton County, Georgia, and the United States District Court for the Northern District of Georgia, to enforce any arbitral award or resolve any dispute regarding the enforceability or applicability of this arbitration provision, or to resolve any other dispute described in this provision in the event this arbitration provision is determined to be unenforceable with regard to or inapplicable to such dispute.
You acknowledge and agree that any unauthorized use or disclosure by you of the Secure Site, another part of NCF’s systems, Confidential Information, or any infringement or other violation of the intellectual property rights of NCF or any other person in NCF Material or Communication or other intellectual property rights of NCF, will cause irreparable injury for which NCF or the other person cannot be fully compensated by money damages. You agree that, in the event of such a violation, NCF or the other person may seek and recover (in addition to any other available remedies) preliminary and permanent injunctive relief, without the necessity of posting bond or security, and further may recover from you its reasonable attorneys’ fees and costs incurred in seeking and obtaining such relief.
The failure of NCF to insist on strict performance of any of the terms of this User Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by NCF of any right under the User Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time unless acknowledged and agreed to by NCF in writing.
You may not assign your rights and obligations under this User Agreement, in whole or in part, without NCF’s prior written consent, and any such assignment without such consent will be null and void. NCF may assign its rights and obligations under this User Agreement, in whole or in part, without your consent. This User Agreement will inure to the benefit of the parties hereto and their permitted successors and assigns.
Integration, Severability, and Reservation of Rights
If any provision of this User Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the User Agreement and will not affect the validity and enforceability of the remaining provisions, which must be construed, as nearly as possible, to reflect the intentions of the parties, and to remain in full force and effect.
The terms of this User Agreement comprise the entire agreement between you and NCF with respect to its subjects.
Any rights not expressly granted herein are reserved.
QUESTIONS OR ADDITIONAL INFORMATION
If you have questions regarding the User Agreement or wish to obtain additional information regarding NCF or the Secure Site, please call 800.681.6223.
The foregoing User Agreement is effective as of April 3, 2014.