Last Updated / Effective Date: November 13, 2012
1. Are You a Donor or the Featured Charity or A Volunteer Fundraiser?
Welcome to the GiveMN.org / GiveMN.Razoo.com website (the “GiveMN Website”) operated by Razoo Global Corporation (“Razoo,” “we,”, or “us”) in partnership with GiveMN.
3. As a Registered Charity Your Fundraising Page Solicits Donor-Advised Donations to Razoo Foundation Advised for Regranting to Your Charity.
Razoo is committed to making support of charitable causes quick, easy, and efficient. To that end, we seek to affiliate with charities that share our charitable and philanthropic goals, such as yours. Among those charities is one we helped launch that is now an independent Foundation while sharing our charitable vision and our name – the Razoo Foundation. The Razoo Foundation is a tax-exempt corporation described in Section 50l(c)(3) of the Internal Revenue Code which maintains a donor advised fund. Donors who make contributions on the GiveMN Website in response to your fundraising will be donating their funds to Razoo Foundation, advised for Regranting to your organization. Signing up as a Registered Charity, makes it quicker and easier to receive and monitor all regrants to your charity.
For more information about the Razoo Foundation, please visit http://www.razoofoundation.org.
4. Regranting Your Donor-Advised Contributions to Your Chosen Charity
It is Razoo Foundation’s normal practice to regrant 97.1% of a donor-advised contribution to a qualified tax-exempt entity and/or cause advised by the
donor, and to retain 2.9% for Razoo Foundation’s expenses (including credit card transaction costs). Distributions to donor-recommended, qualified
501(c)(3) organizations (by check or electronic funds transfer) are generally made by the first business day after the 10th of the month following receipt
of the donor’s contribution to the DAF in the previous calendar month (e.g, a donation on July 5th would be regranted on August 10th). While Razoo Foundation makes reasonable efforts to honor the advisements of its donors, Razoo Foundation maintains exclusive and full discretion and
control over use of all contributions it receives. In the case where a donor makes an advisement to a non-qualified entity and/or cause, or Razoo
Foundation otherwise determines that the advisement should not be followed, Razoo Foundation will notify the donors and direct the contribution to an
alternate charitable cause, including Razoo Foundation’s charitable purposes.
For example: Charity A is listed as a Approved Charity on the GiveMN Website. Donor B makes a $100.00 contribution on October 5th to Razoo Foundation advising that it should be distributed to Charity A. Razoo Foundation issues a receipt, via e-mail, suitable for substantiating a $100.00 tax-deductible donation by Donor B. Razoo Foundation makes a regrant on or around November 10th in the amount of $97.10 to Charity A which is the amount of the donation from Donor B, less retained costs of $2.90 (2.9%).
5. Charitable Contributions
All contributions made through the GiveMN Website or utilizing the services provided by Razoo and by the Foundation are complete, final, and non-refundable charitable gifts to Razoo Foundation only. Only the authorized credit card holder may donate on the GiveMN Website, and you may not enter donations on behalf of donors, although you can facilitate such donations (e.g., setting up a kiosk where donors enter their card information directly).
Razoo Foundation will follow its normal charitable contribution receipting process in acknowledging charitable contributions. You may send thank-you correspondence to donors contributing through your charity’s Fundraising Page and events, but you are not permitted to issue any charitable contribution receipts, either independently or in conjunction with Razoo Foundation’s name or tax identification number. Razoo Foundation will issue charitable contribution receipts for donations made to Razoo Foundation by check and through the GiveMN Website.
7. No Goods and Services in Exchange for Donations
Federal law prohibits you from promising or providing goods and services (e.g., tickets to events or raffles) in exchange for making a donation to a donor advised fund such as Razoo Foundation. Razoo Foundation may only accept pure contributions and not part gift and part sale transactions. Therefore, you agree that you shall not promise or provide any goods or services, including admissions to events to donors in exchange for a donation to Razoo Foundation advised for your charity.
8. Ultimate Responsibility for Donor Expressions of Preference about Use of Funds.
The GiveMN Website provides an opportunity for donors to Razoo Foundation's Donor Advised Fund to indicate the charity that they wish to receive a regrant
of their donations, subject to the Foundation's ultimate discretion. In addition, donors who would like to further express their preference as to how the
advised charity should use these funds may designate their donation for a specific cause by completing the "cause box" when making their online donation.
If a donor expresses such a preference and Razoo Foundation honors the regrant advisement, the Foundation will communicate to the advised charity the
donor's preference regarding use exactly as expressed in the "cause box." However, neither Razoo nor Razoo Foundation guarantees donors that an advised
charity will use the funds in a manner consistent with the donor's preference, and neither Razoo nor Razoo Foundation are responsible for or will be held
liable for the advised charity's ultimate handling of such preferences. Donors acknowledge that any designation of a donation's use is merely an expression
of preference and does not give rise to any contractual obligations for Razoo, Razoo Foundation, or the advised charity. As a Registered Charity, if you
receive a regrant from Razoo Foundation and are informed of a donor’s designation of use, you will have ultimate responsibility and sole discretion
regarding whether to honor his or her expressed preference.
For example: Charity A is listed as a Registered Charity on the GiveMN Website. Donor B makes a contribution to Razoo Foundation advising that it should be distributed to Charity A. Donor B also expresses the preference that Charity A should honor the distribution and use the funds for a designated purpose. Razoo Foundation makes a regrant to Charity A in the amount of the donation from Donor B, less retained costs. Charity A has ultimate responsibility and sole discretion over whether to honor the donor's request and use the funds for the designated purpose.
9. Conditions of Registration
In registering as a Registered Charity, you agree that as a Registered Charity Administrator:
9.1. You have authority to represent the Registered Charity in completing this registration
9.2. You have authority if you so choose to create on behalf of your Registered Charity one or more Fundraising Pages thereby elevating your Registered Charity’s status to a Featured Charity..
9.3. You will provide true, accurate, and complete information through the GiveMN Website.
9.4. You are solely liable and responsible for all actions taken via your password.
9.5. You are either an uncompensated volunteer or an employee of the Registered Charity, and are not an independent contractor receiving any form of compensation for these fundraising activities conducted on the GiveMN Website.
9.6. You are not employed by, agents of, or affiliated with Razoo, or Razoo Foundation.
9.7. You do not have authority to act on behalf of, speak for, or obligate Razoo, or Razoo Foundation in any manner, except to use authorized Razoo online tools and materials to raise funds to support charitable causes through the GiveMN Website
10. Giving Card Redemption
If you elect to purchase, distribute, and/or engage in marketing or fundraising with GiveMN Giving Cards (“Giving Cards”), you understand that:
10.1. Redemption of a Giving Card represents an advisement for the regrant of funds that have been previously donated to Razoo Foundation. Giving Cards have no monetary value, are not refundable, and may not be sold. An advisement through redemption of a Giving Card is not a tax deductible contribution. It is Razoo Foundation’s normal practice to regrant 97.1% of a Giving Card redemption or other advisement to the qualifying tax-exempt entity and/or cause advised, and to retain 2.9% for Razoo Foundation’s grant expenses (including credit card transaction costs). A regrant to the advised recipient charity is generally made on the 10th of the month following receipt of the advised contribution in the previous calendar month (e.g, a donation on July 5 th would be regranted on August 10th).
10.2. While Razoo Foundation makes reasonable efforts to honor the advisements made through Giving Cards, you acknowledge that Razoo Foundation maintains exclusive and full discretion and control over use of all its funds. In the case where an advisement is made other than to an approved charity, or Razoo Foundation otherwise determines that the advisement should not be followed, Razoo Foundation will direct the contribution to an alternate charitable cause, including Razoo Foundation’s charitable purposes.
10.3. You acknowledge that the prohibitions on receiving any personal benefits described in paragraph 7 above, equally apply when redeeming a Giving Card or making any other advisement on the GiveMN Website.
11. Fundraising Events and Activities
11.1. Charity-sponsored events. You may promote fundraising events and activities that are organized, sponsored, or approved by you Registered Charity on your Fundraising Page. For instance, you may ask your donors and other friends to donate to your Charity, through one or more GiveMN Fundraising Pages focusing on various projects or activities of your Charity, or in conjunction with your Charity’s own fundraising events and activities
11.2. Un-sponsored events. As a Registered Charity, you in your sole discretion may encourage Volunteer Fundraisers in your sole discretion to organize fundraiser events and activities, such as road races, bike-a-thons, etc. (referred to as “Events”), which are not organized or sponsored by your Charity.
12. Limited License and Acceptable Use
Razoo hereby grants your Registered Charity a limited, non-exclusive license to create a Fundraising Page on the GiveMN Website and to use the photos, videos, graphics, information, other online tools and resources, and related services available on the GiveMN Website (collectively, the “Tools”) solely for the noncommercial purpose of raising charitable contributions. You may not use any of the Tools for any purpose other than promoting your charitable services or other Approved Charities through the GiveMN Website.
13.1. Registered Charity License to Razoo and Razoo Foundation. In creating and maintaining a Fundraising Page on the GiveMN Website, you agree to grant for up to 45 days following termination a limited, non-exclusive, royalty-free license to Razoo and Razoo Foundation to display the trademarks, trade names, and logos (“Registered Charity Trademarks”) that you upload on the Fundraising Page for the exclusive purpose of highlighting your work and soliciting donor-advised contributions to Razoo Foundation’s DAF on the Website. You further grant to Razoo and Razoo Foundation the right to sublicense the Registered Charity Trademarks to Volunteer Fundraisers solely for the limited purpose of highlighting the Smithsonian as a Registered Charity on the Fundraising Page. Razoo and Razoo Foundation acknowledge your ownership of the Registered Charity Trademarks, and all use of the Registered Charity Trademarks by Razoo and Razoo Foundation inures to your benefit. Razoo and Razoo Foundation may not incorporate any Registered Charity Trademarks within any trademark, trade name, or domain name created by Razoo or Razoo Foundation.
13.2. Razoo’s License to You. Razoo grants you a limited, non-exclusive, royalty-free license to display the trademark Razoo ® and the Razoo Logo® (the “Razoo Trademarks”) solely on your Fundraising Page for purposes of raising funds through the GiveMN Website. You acknowledge the ownership of the Razoo Trademarks by Razoo, and all use of the Razoo Trademarks by you inures to the benefit of Razoo. You may not incorporate any Razoo Trademark within any trademark, trade name, or domain name created by you.
13.3. Razoo Foundation’s License to You. Razoo Foundation grants you a limited, non-exclusive, royalty-free license to display the trademark Razoo Foundation™ (the “Razoo Foundation Trademark”) solely on your Fundraising Page for purposes of raising funds through the GiveMN Website. You acknowledge the ownership of the Razoo Foundation Trademark by Razoo Foundation, and all use of the Razoo Foundation Trademark by you inures to the benefit of Razoo Foundation. You may not incorporate any Razoo Foundation Trademark within any trademark, trade name, or domain name created by you.
14. Website Content
14.1. Razoo Content. The intellectual property rights, including but not limited to copyright, trademark, patent, trade dress, derivative works, moral rights, trade secrets, and proprietary information in all content that appears on the GiveMN Website and all Tools, and that is used by Razoo or Razoo Foundation in conjunction with the services they are providing (other than Registered Charity Content as defined in Section 14.2 below and any content posted by Volunteer Fundraisers and/or other users), including but not limited to, information, text, data, photographs, audio, video, images, graphics, documents, logos, and other content, associated technology and software, and the look and feel of the GiveMN Website (collectively, "Website Content"), are owned by Razoo or its licensors. Except as expressly permitted in these Terms, you agree not to copy, alter, frame, distribute, publish, sell, prepare derivative works based on, or commercially exploit the Tools and/or any Website Content, without express written permission from Razoo or its licensors.
14.2. Registered Charity Content. The GiveMN Website allows you to upload, post, and/or share information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents, and other content (collectively, “Registered Charity Content”). Razoo permits you to use the GiveMN Website, the Tools, and the services provided by Razoo and by Razoo Foundation subject to your acknowledging and agreeing to the following conditions:
14.2.1. In creating and maintaining a Fundraising Page on the Website, you grant a limited, non-exclusive, royalty-free license to Razoo and Razoo Foundation to display the Registered Charity Content that you upload on the Fundraising Page for the exclusive purpose of promoting you and soliciting donor-advised contributions to Razoo Foundation’s DAF on the Website. You further grant to Razoo and Razoo Foundation the right to sublicense the Registered Charity Content to volunteer fundraisers solely for the limited purpose of using the Registered Charity Content to highlight the Smithsonian as a Registered Charity on the Fundraising Page, including the right to access, display, view, store, and/or download the Registered Charity Content, and post or forward the Registered Charity Content to others. You represent and warrant that you have the necessary rights to grant the foregoing permissions to Razoo and Razoo Foundation. The foregoing license does not provide Razoo or Razoo Foundation any rights to sell or license any Registered Charity Content therein to any other third parties, use the Registered Charity Content for any other media, and/or use the Registered Charity Content for advertising and promotion of Razoo or Razoo Foundation.
14.2.2. Registered Charity Content posted by you and other users of the GiveMN Website does not necessarily reflect the views of Razoo or Razoo Foundation.
14.2.3. Razoo may, but is not obligated to, remove with or without prior notice to you any Registered Charity Content that it determines in its sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, unlawful, obscene, infringing or in violation of any Party’s intellectual property or other proprietary rights, or in violation of this Agreement. Razoo’s failure to block or remove any Registered Charity Content, however, is not a warranty, endorsement, representation, or guarantee regarding such Registered Charity Content.
14.2.4. The posting of Registered Charity Content on a Fundraising Page is solely the responsibility of each Registered Charity’s Administrator and/or Volunteer Fundraiser. Neither Razoo nor Razoo Foundation assume responsibility for the accuracy of any information, ideas or opinions posted by you or other users of the GiveMN Website and is not liable for any claims, damages or losses resulting from such information, ideas, or opinions.
14.2.5. You have sole responsibility for your Registered Charity Content and the consequences of posting Registered Charity Content to the GiveMN Website.
14.2.6. You agree that the Registered Charity Content will accurately describe that contributions made via the GiveMN Website, although donor-advised for the benefit of a specified qualifying charitable organization, are given to Razoo Foundation as completed gifts.
14.2.7. You represent and warrant that your Registered Charity Content does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any third party.
15. Appropriate User Content
The GiveMN Website may allow you and other users to upload, post, and/or share information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents, and other content (collectively, “User Content”). Razoo permits you to use the GiveMN Website, the Tools, and the services provided by Razoo and by the Foundation subject to your acknowledging and agreeing to the following conditions:
15.1. User Content posted by yourself and other users of the GiveMN Website does not necessarily reflect our views.
15.2. We will seek to remove or edit, with or without notice to you, any User Content that we deem to be unlawful, obscene, or in violation of these Terms. We may, but are not obligated to, remove any other User Content that we determine in our sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, or infringe or violate any party’s intellectual property or other proprietary rights. Our failure to block or remove any User Content, however, is not a warranty, endorsement, representation, or guarantee regarding such User Content.
15.3. The posting of User Content on the Fundraising Page is solely the responsibility of each Volunteer Fundraiser. Razoo does not assume responsibility for the accuracy of any information, ideas or opinions posted by users and is not liable for any claims, damages or losses resulting from such information, ideas, or opinions.
15.4. You have sole responsibility for your User Content and the consequences of posting User Content to the GiveMN Website. You bear sole responsibility for the consequences of posting User Content.
15.5. You agree that the User Content will accurately describe that contributions made via the GiveMN Website, although donor-advised for the benefit of a specified qualifying charitable organization, are given to Razoo Foundation as completed gifts.
15.6. You represent and warrant that your User Content does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of the Featured Charity or any other third party.
15.7. You agree not to:
- advertise or sell any goods or service. This includes your agreeing not to upload to, post, share, or otherwise publish through the GiveMN Website any content that is commercial in nature, including but not limited to promotional material, advertising, or solicitation for goods or services (other than materials that directly further your charitable fundraising);
- operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise;
- upload, post or distribute any User Content which, in Razoo's sole determination, is false, indecent, defamatory, disparaging to the reputation of any individual or business, obscene, offensive, threatening, profane, harmful to minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, violent, tasteless, denigrating, insensitive, pornographic or sexually oriented, or otherwise objectionable, or would constitute or encourage a criminal offense or other illegal activity, and/or violate the rights of any party or any law;
15.8. You agree not to engage in any conduct that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or offensive descriptions of sexual matters;
- encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
- violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonates any person, business or entity, including Razoo, Razoo Foundation, or its employees and agents;
- violates these Terms or any other policy posted on the GiveMN Website; or
- interferes with others’ use of the GiveMN Website or the services provided by Razoo and the Foundation.
15.9. By posting, uploading or otherwise sharing your User Content on the GiveMN Website, you:
- grant to Razoo and Razoo Foundation a perpetual, non-exclusive, royalty-free, license to use the User Content for all purposes in furtherance of its purpose and mission, including but not limited to: displaying on the GiveMN Website, sublicensing to a Featured Charity, creating derivative works based on the User Content, and/or other uses for promoting a Featured Charity;
- permit, but not require, Razoo to identify you as the provider of such User Content;
- represent and warrant that you have all necessary rights to grant the foregoing permissions; and
- grant to Razoo and Razoo Foundation and other users of the GiveMN Website the right to access, display, view, store, and/or download such User Content, and post or forward such User Content to others.
15.10. You agree that Razoo and Razoo Foundation have no liability or responsibility for the storage or deletion of any User Content that you submit or post, or emails you send through the GiveMN Website.
15.11. You also agree not to upload, distribute, or otherwise publish any User Content to or through the GiveMN Website that:
- contain any virus, spyware, worm, Trojan horse, or other computer malware, or post any other materials that may damage the operation of a computer;
- uses any means, including spiders, robots, crawlers, data mining tools, or the like to scrape or download data from the GiveMN Website;
- constitute or contain affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement, or the like;
- promote or forward surveys, contests, raffles, lotteries, pyramid schemes or chain letters or the like;
- contain any private, personally identifiable, financial, confidential, or proprietary information of another individual or entity without their written express permission.
16. Razoo Foundation Reporting
If you receive a regrant of funds from Razoo Foundation, then you may request in writing a report from Razoo Foundation of aggregate contributions received over the course of the calendar year within 10 business days after Razoo Foundation receives the request. This information is also available online to all Registered Charities.
17. Razoo Foundation Financial Information
Razoo Foundation files the annual Form 990 with the Internal Revenue Service and has its financial statements audited annually by an independent certified public accountant. The IRS Form 990 and audited financial statement will be available on-line by clicking here and upon request by emailing firstname.lastname@example.org.
18. Donor Information
If you are the recipient of an advised grant from Razoo Foundation’s DAF, then Razoo Foundation, through services provided by Razoo, will share with you and, if applicable, organizations administering giving events in which the donor participates the donor’s name, email address, mailing address, designation, and donation amount, unless the donor opts out and chooses to remain anonymous at the time of donation, in which case Razoo Foundation will honor the donor’s request for anonymity and not share the donor’s identity with you.
Credit Card Anti-Laundering Policy: Only the authorized credit card holder may donate on the GiveMN Website. A third party, including but not limited to the Volunteer Fundraiser or Charity, may not use the donor's card information or enter donations on behalf of the donor. This practice is known as "credit card laundering" and is against the Visa and MasterCard agreement. Using the Razoo Foundation’s merchant account to process your credit card transactions can lead to heavy fines and other severe penalties. In addition, you will also put the Razoo Foundation’s credit card processing account in jeopardy. The Razoo Foundation may report any such abuses to the appropriate authorities. This restriction does not preclude the Volunteer Fundraiser or Charity from providing computer terminals or kiosks, with access to the GiveMN Website, for the authorized credit card holder to utilize in order to make a donation.
19. Disclaimer of Warranties
The GiveMN Website and Tools are provided to you "as is" without warranty of any kind. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of any Website Content or Tools, or other information or materials displayed on the GiveMN Website. We also expressly disclaim to the fullest extent permitted by law any and all responsibility and liability for the conduct of any charity, any other Volunteer Fundraiser, and any donor. Razoo hereby disclaims all warranties either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement; and other warranties. Razoo is not engaged in the provision of legal, tax, or other professional advice or services. If you are in need of such services, you should contact the appropriate licensed and qualified professional.
20. Liability Limitation.
YOU AGREE THAT NEITHER RAZOO, RAZOO FOUNDATION, NOR ANY OF THEIR AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO: THE GiveMN Website (AND YOUR USE OF, OR INABILITY TO USE, THE GiveMN Website). ANY CLAIMS ARISING FROM THE GiveMN Website MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE ON WHICH LIABILITY AROSE.
21. Hold Harmless and Indemnity
22. Links to Other Websites and Content
We may include links to third-party websites or services, and may provide links automatically to sponsor or third-party websites or services. These links do not mean that we review or endorse these third-party sites or services. We provide such links when we believe such links may be helpful, but we do not monitor or accept any responsibility for such sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate, so you proceed to these links at your risk and responsibility. You acknowledge that we are not responsible or liable for any content, advertising, products, services, or other materials on these third-party sites. Any dealings that you have with advertisers or other third-parties who may be found on or linked from the GiveMN Website are between you and the advertiser, for which you assume full responsibility and you acknowledge that we are not liable for any loss or claim you may have against an advertiser.
25. Designated Agent to Receive Notifications of Copyright Infringement Under the Digital Millennium Copyright Act (“DMCA”)
In accordance with the United States Digital Millennium Copyright Act (“DMCA”) and the Online Copyright Infringement Liability Limitation Act (“OCILL”), 17 U.S.C. §§101, 512, Razoo hereby serves the following DMCA/OCILL Notice to users of the services provided by Razoo and by the Foundation or GiveMN Website that:
25.1. Razoo has designated an agent to receive notices from copyright owners about alleged infringements by users of the GiveMN Website and send notices to
the GiveMN Website users who post or send allegedly infringing material;
25.2. Razoo has registered the GiveMN Website with the U.S. Copyright Office as an online service provider, including the name and address of the designated agent;
25.3. Razoo has adopted a policy of terminating access to the GiveMN Website by users who are repeat copyright infringers;
25.4. Razoo accommodates and does not interfere with standard technical measures used by copyright owners to identify and protect copyrighted works, including but not limited to, digital watermarking;
25.5. Upon receiving proper notification of an alleged infringement by a GiveMN Website user, Razoo shall expeditiously take down or block access to the copyrighted material; and
25.6. Razoo has designated the following person to serve as Razoo’s agent to receive notifications of claimed copyright infringement in accordance with the DMCA and OCILL:
Name: Bo Lotinsky, Razoo Global Corporation
Address: 1020 19th Street, NW, Suite 800, Washington, DC 20036
Telephone number: 1-866-437-1952
E-mail address: email@example.com
26. International Use.
The GiveMN Website is controlled and operated from within the United States. Razoo makes no representation that the GiveMN Website is appropriate or available in locations outside the United States. Those who choose to access the GiveMN Website from other locations are responsible for compliance with applicable laws. International users must comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.
27. Term and Termination.
These Terms apply to your use of the services provided by Razoo and the Foundation and the GiveMN Website at all times. Razoo reserves the right to change the GiveMN Website without notice to you, at any time. You may terminate under these Terms at any time by emailing your request for termination to firstname.lastname@example.org, or your status may be terminated by us at any time and for any reason. Upon termination or expiration of these Terms, your obligations and our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions survive, but your right to use the GiveMN Website immediately ceases. Additionally, if you are an authorized representative of an Approved Charity, you may request that the Approved Charity be removed from the GiveMN Website by emailing email@example.com.
28. Consequences of Termination
- cease promoting contributions to Razoo Foundation advised for re-grant to you;
- remove your Fundraising Page(s) and all information relating to you from the GiveMN Website;
- provide a final account statement; and
- regrant any remaining balance of contributions previously advised to your benefit.
29.1. These Terms constitute the entire agreement between the parties with respect to all of the matters herein and supersedes all other agreements, understandings, and discussions of the parties. If any provision of these Terms shall be held to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these terms and conditions shall continue in full force and effect. No waiver or forbearance to seek a remedy by any party of any breach by any other party of any of its covenants, obligations and agreements hereunder shall be a waiver of any subsequent breach of any other covenant, obligation or agreement.
29.2. You may not assign, sublicense or otherwise transfer any right or obligation set forth herein without Razoo’s prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect. These terms and conditions are binding upon the parties' respective successors and permitted assigns. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.
29.3. The Parties shall act as independent contractors, and nothing contained in these Terms shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as agents, partners, joint ventures, co-owners, employer/employee franchisor/franchisee, or otherwise as participants in a joint or common undertaking, or (iii) allow either party to create or assume any obligation on behalf of the other party for any purposes whatsoever.
29.4. These Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the GiveMN Website shall be litigated or otherwise heard in the state or federal courts located in the Northern District of California and the parties hereto hereby consent to the exclusive jurisdiction of such courts.
29.5. Razoo may assign any of its rights or obligations under these Terms to another party without notice or consent for any reason.