Jewish Giving Network TERMS OF USE AND SERVICE

Welcome to the JEWISH GIVING NETWORK. These Terms of Use and Service (the "Terms") will govern Your use of the Jewish Giving Network site, and your use of any services offered by Jewish Giving Network (collectively, the "Network"). You agree to be subject to the conditions in these Terms.

These Terms are between the Jewish Giving Network, a limited liability company ("Jewish Giving Network" or The "Company" or the "Network" or "we", "us" or "our") and You ("You" "Member" or "Your").

In consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, agree as follows:

Membership Sign-Up
To participate in the Network, You must provide truthful, accurate and complete sign-up information. If any such information changes, You must immediately update Your account information. You represent that You are an individual who is at least 18 years old and that You are a U.S. citizen or reside in the United States or its territories. If you are under 18, you may use the website and products and services provided via this website only with the permission of your parent or guardian.

Voluntary Participation
Your participation is purely voluntarily and either You or the Company may terminate Your participation in the Network at any time.

Membership Fees
The Company does not charge any fee to participate in the Network. Please be aware that the Company may receive compensation as a result of certain of Your activities within the Network. Jewish Giving Network reserves the right to change these fees or institute new or additional fees at any time.

Designated Organization
When You register with Jewish Giving Network and at any time thereafter through Your MY ACCOUNT area, You may designate a synagogue or charity ("collectively organization") from the list of organizations then participating in the Network. If You wish to refer an organization to Jewish Giving Network please submit your request to customer service on the site.

Use of the Jewish Giving Network Site
The downloading, reproduction or retransmission of the content of this website or software available via this website, other than for your use for the purpose of identifying online vendors and making purchases to facilitate donations to charity or relief organizations, is strictly prohibited. You may download and use software available via this website for the purpose of identifying online vendors and making purchases to facilitate financial support to your designated synagogue or charity.

License
We hereby grant to You a non-exclusive, non-transferable license (without the right to sublicense) for so long as You participate in the Network and adhere to these Terms, to access, participate in and use the Network and the services offered therein. You agree that You obtain no rights other than the rights and licenses expressly granted in these Terms.

Linking to Third Party Sites
This website may contain hyperlinks to other Internet websites. These hyperlinks are provided for your information and convenience only. Jewish Giving Network does not control these other websites and is not responsible for their content; nor does tjgn.org's inclusion of hyperlinks to such websites imply any endorsement, affiliation, sponsorship or approval of the material on such websites or any association with their operators.

You acknowledge and agree that You access such third party websites, services, products or content at Your own risk and are wholly responsible for making Your own independent judgment regarding Your use or interaction with the same. We recommend You read the privacy and terms of use policies of each third party's website that You access.

Check the URL address provided in your browser to determine whether you are still in the tjgn.org website or have moved to another website. You may display and electronically copy, download and print hard copy versions of the materials contained on the website or generated by the software for your personal, non-commercial use, provided that you do not modify or delete any copyright, trademark or other notice that appears on the materials you copy, download or print. When you display, copy, download or print any materials on or from the website, they are provided to you by tjgn.org or licensors under non-exclusive, non-transferable and revocable limited licenses for use as provided in these Terms of Use And Service. Any other use of the software, website or materials on the website or intellectual property owned by Jewish Giving Network or its licensors, without the prior written permission of Jewish Giving Network or its licensor, as appropriate, is expressly prohibited. Jewish Giving Network and/or its licensors retain all right, title and interest in and to the materials and to any and all of the associated intellectual property rights. Any unauthorized use terminates all of the licenses granted by Jewish Giving Network.

Financial Support to Organizations
Jewish Giving Network is a participant in various arrangements with certain third parties that offer to You as a supporter of the Network the opportunity to earn financial support for Your designated organization(s). If You complete an qualified transaction (for example, a purchase from an online merchant partner's website, or use of a co-branded credit card on line or at physical location), then the third party is obligated to remit funds to the Company, which will then contribute a portion of those funds to Your designated organization.

If You choose to avail Yourself of one or more of these arrangements, then You acknowledge that these arrangements are operated by third parties and are not under the control of the Company. We do not set the criteria for what constitutes an eligible transaction, nor the amount that is to be paid to Jewish Giving Network as a result of an eligible transaction, and cannot assure You that the applicable third party will remit funds to us even if You have satisfied the criteria for an eligible transaction. The amount of potentially eligible contributions is determined by transaction data provided to us by third parties. Jewish Giving Network is not obligated to confirm, and does not warrant or guarantee, the accuracy, truth or completeness of any data provided by such third parties. We are not responsible for any such third party's failure to pay funds to us. No financial support will be made to any organization until we have received the funds from the applicable third party. The amount eligible for financial support to Your designated organization is based on the amount that we actually receive from the third party, net of our fees and net of any chargebacks, refunds, or other amounts payable to or offset by the applicable third party. The Company does not determine which purchases are eligible for financial support nor the percentage of the purchase price that is remitted to the Company.

The eligible portions of funds paid to us are allocated to Your designated organization. Such allocated funds are held in a Jewish Giving Network account until such time as the total financial support payments to such organizations from supporters within the Network have exceeded a threshold established by Jewish Giving Network. You acknowledge that such funds are not Your property and You have no claim to such funds or to any interest earned by such funds.

Although Jewish Giving Network tries to ensure that all transactions are tracked and credited, no system is perfect. If You believe that an eligible transaction has not been credited to Your account within 120 days of the date of the transaction, please contact customer service on our site and we will investigate the matter with the applicable third party.

Active Membership
It is important to Your designated organization and to Jewish Giving Network that You actively participate in the Network. Aggregate financial support to our participating organizations must exceed a threshold set by Jewish Giving Network before any financial support payments are made to the organization. If no financial support has been made to Your designated organization within a twelve month period the organization's account may be terminated.

If You have completed more than one eligible transaction over the previous twelve month period, You are considered to be an active supporter.

Jewish Giving Network currently offers the following programs:

Online Shopping
To be eligible for a financial support through the online shopping program, You must begin Your online shopping session at www.tjgn.org. If You initiate a purchase but complete it after a different session, or if You click on other links to other webpages before completing the purchase, then Your purchase may not be an eligible purchase. Items returned after purchase will invalidate part or all of the original eligible purchase.

Jewish Giving Network seeks to obtain coupons and special deals from its online merchant partners. The amount, scope, and duration of such offers are up to these online merchant partners, and Jewish Giving Network makes no representation that any coupons or special deals will be available to You. A list of our online merchant partners can be found on the Jewish Giving Network homepage.

Tax Matters
You agree that You are solely responsible for any and all tax obligations, if any, due to all taxing authorities arising from or in connection with Your participation in the Network.

Consent to receive email
As a participant in the Network, it is important that we be able to communicate with You. You hereby consent to the receipt of all communications from us electronically through either (i) access to Your account on our website or (ii) the email address that You provide to us in Your account information.

Electronic communications are presumed to be delivered to and received by You when sent by us, whether actually received or not. You acknowledge that You have access to hardware and software that will enable You to receive and read such correspondence in electronic form. You may withdraw Your consent by changing your Email Preferences via Your My Home page, but if You do so we reserve the right to terminate your participation in the Network

Privacy Policy
Please see our Privacy Policy for additional details with respect to how we maintain and respect the privacy of Your personal information. You agree to our collection, use and sharing of Your information as set forth in our Privacy Policy.

Use of the Jewish Giving Network Name
These Terms do not grant to You any license or right to use Jewish Giving Network's name or any of the logos or trade or service names or marks without out consent. You agree that You shall not disparage the Network

No Reverse Engineering
You will not make unauthorized modifications, reverse engineer, disassemble, decompile or attempt to derive source code of any feature of the Network including but not limited to any services offered through the Network.

No Infringing Uses
You may not use any name, trademark, service mark, domain name or other Intellectual Property Rights of any third party in connection with Your participation in the Network in any way or for any purpose that infringes or violates any Intellectual Property Rights or other rights of such third party.

Fraud, Abuse, etc.
You will not, and will not knowingly permit other persons to, engage in any fraudulent, abusive or illegal activity in connection with Your participation in the Network.

Compliance with Laws
You agree that Your use of the Network shall comply at all times with all applicable federal, state, provincial and foreign laws, ordinances, rules, regulations, orders, judgments and decrees.

DISCLAIMER OF WARRANTIES
THE COMPANY AND ALL SERVICES OFFERED THROUGH THE NETWORK ARE PROVIDED "AS IS, WHERE IS" AND "AS AVAILABLE."

JEWISH GIVING NETWORK HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY AS TO ACCURACY, ADVERTISERABILITY, COMPLETENESS, CURRENTNESS, SECURITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OF THE COMPANY OR ANY SERVICES OR OFFERINGS OFFERED THEREIN OR THAT YOUR USE OF THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation On Liability
If You reasonably determine that any service provided through the Company does not materially meet our obligations under these Terms, then You must notify us in writing within ten (10) days of receiving any such allegedly nonconforming services. Your failure to so notify us on a timely basis shall mean that You accept such services, and we shall thereafter have no liability whatsoever with respect to such services. If You provide us with such a notice, we may, at our sole discretion, re-perform the service in question or otherwise provide You with any substitution or replacement services in lieu thereof. Any re-performance or provision of substitute or replacement services shall in no event be construed as an admission that the original service was nonconforming or otherwise improper, and Your acceptance of the same constitutes Your sole remedy and in such case constitutes our maximum liability for any such alleged breach of these Terms.

IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED ON TJGN OR ANY TJGN RELATED PARTY, THEN YOU AGREE THAT THE TOTAL LIABILITY OF TJGN OR ANY TJGN RELATED PARTY, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS AND REPRESENTATIVES, TO YOU WILL NOT EXCEED TWENTY-FIVE DOLLARS ($25.00). YOU RECOGNIZE AND ACKNOWLEDGE THAT THIS LIMITATION OF DAMAGES IS FAIR AND REASONABLE, IN LIGHT OF THE FACT THAT TJGN IS PROVIDING THE SERVICE TO YOU AT NO CHARGE TO YOU.

NONE OF JEWISH GIVING NETWORK OR ANY JEWISH GIVING NETWORK RELATED PARTY WILL BE LIABLE TO YOU (WHETHER IN CONTRACT OR BASED ON WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, PUNITIVE OR SPECIAL DAMAGES, INCLUDING LOSS OF REVENUE OR PROFITS, EVEN IF SUCH PERSON WAS AWARE THAT SUCH DAMAGES COULD RESULT.

Any claim or cause of action arising out of Your use of the Network, these Terms or any other written Jewish Giving Network policy must be filed within ninety (90) days after such claim or cause of action arose or be forever barred.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN LIABILITIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.

Indemnification
You agree to defend, indemnify and hold harmless Jewish Giving Network any Company Related Parties, and its and their directors, officers, employees, agents, subcontractors and representatives for and against any and all claims, actions, demands, liabilities, losses, damages, penalties, interest, judgments, settlements, costs and expenses (including reasonable attorneys' fees) that directly or indirectly arise out of or are based on:

1. any misrepresentation or breach of any representation, warranty, or covenant made by You in these Terms,

2. any conduct, or activity, error or omission by You, including in relation to Your participation in the Network or use of any service provided therein,

3. any violation by You of any law, regulation or rule, and/or

4. any actual or alleged infringement by You of any Intellectual Property Rights or other rights of any person.

Jewish Giving Network may, at its election in its sole discretion, assume the exclusive defense and control of any matter otherwise subject to indemnification by You. Jewish Giving Network may participate in the defense of all claims as to which it does not assume defense and control, and You shall not settle any such claim without our prior written consent.

Amendments; Changes to Network
Upon prior written notice, Jewish Giving Network may, at any time, add to, remove or otherwise amend any or all terms, conditions and/or other provisions of these Terms. We may also, in our sole discretion, add, remove, suspend or discontinue any aspect of the Network.

YOUR CONTINUED USE OF THE NETWORK AND/OR ANY SERVICE OFFERED THEREIN AFTER NOTICE IS GIVEN TO YOU OF ANY CHANGE TO THE NETWORK, OR AMENDMENT TO THESE TERMS SHALL CONSTITUTE YOUR BINDING AND LEGALLY ENFORCEABLE AGREEMENT TO SUCH CHANGE OR AMENDMENT. IF YOU DO NOT WISH TO ACCEPT SUCH CHANGE OR AMENDMENT, THEN YOU MUST TERMINATE YOUR ACCOUNT WITH TJGN AND CEASE USING THE NETWORK.

Termination, etc.
You or Jewish Giving Network may, at any time, with or without cause, terminate these Terms and Your participation on the Network. You may effect such termination through Your Account Area or by written notice to Jewish Giving Network subject to actual receipt thereof. Alternatively, Jewish Giving Network may, in its sole discretion, suspend, limit, restrict, condition or deny Your access to or use of all or any part of the Network.

Effects of Termination
Upon any termination of these Terms, Your right to participate in the Network will terminate, and any and all licenses and rights granted to You under these Terms shall immediately cease and terminate. All rights or remedies arising out of a breach of any of these Terms shall survive any such termination of these Terms.

Any provision which by its terms is intended to survive any expiration or termination of these Terms, will survive any expiration or termination of these Terms. Your representations and warranties in these Terms shall survive execution, delivery, acceptance, performance, expiration or termination of these Terms.

Independent Contractors
The parties are independent contractors and nothing in these Terms shall confer upon either party any authority to obligate or bind the other in any respect.

Force Majeure
Jewish Giving Network shall not be liable to You by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, interruptions in telecommunications services or Internet facilities, or any other cause which is beyond the reasonable control of Jewish Giving Network, whether or not similar to the foregoing.

Assignability
You shall not assign or delegate any of the rights or obligations under these Terms, and any such attempted assignment or delegation shall be void. Subject to the preceding sentence, these Terms are binding on and inures to the benefit of the respective successors, heirs and assigns of each party.

Governing Law
The agreement shall be governed by the construed in accordance with the laws of the State of Florida without regard to principles of conflict of laws.

Arbitration
Any controversy or claim based on, arising out of or relating to the interpretation and performance of the Agreement or any termination hereof shall be solely and finally settled by arbitration under the rules of the American Arbitration Association, and judgment of the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Any such arbitration shall be in the State of Florida by consent of the parties or, in the absence of such consent, by application of any part to the American Arbitration Association. A decision of the arbitrator shall be final and binding upon the parties, and the arbitrator shall be authorized to apportion fees and expenses (including counsel fees and expenses) as the arbitrator shall deem appropriate.

Severability
In the event that any provision or portion of this Agreement shall be determined to be invalid or unenforceable for any reason, in whole or in part, (the remaining provisions of the Agreement shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by law) any such invalidity or unenforceability shall be deemed replaced by a term or provision determined by the parties as coming closest to expressing the intention of the invalid or unenforceable term or provision.

Notice
Any notice to be given shall be in writing and either delivered in person, by nationally recognized overnight courier, or by registered or certified first class mail, postage prepaid, to the following address: The Jewish Giving Network, Rocky Point Center. 3001 N. Rocky Point Drive, E -Suite 200, Tampa, FL 33607. Attention: Jed Trosper, Chairman and Chief Executive Officer.

Entire Agreement; Third Party Beneficiaries
These Terms are the entire agreement between the parties pertaining to its subject matter, and supersedes all prior written or oral agreements (including prior versions of these Terms and any conflicting confidentiality agreements), representations, warranties or covenants between the parties with respect to such subject matter. There are no third party beneficiaries of these Terms. The headings of sections or other subdivisions of these Terms will not affect in any way the meaning or interpretation of these Terms.