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TERMS
AND CONDITIONS Please read the following terms and conditions before using the services of the eservicescorp.com web site, hereafter referred to as the "Site." eServices Corporation owns the Site and any and all references to eservicescorp.com or the Site shall include the eServices Corporation and all of its affiliates. This Member Agreement (the "Agreement") explains the terms and conditions governing your use of eservicescorp.com services, technology, and any other content available. Please read the entire document. At the end of the Agreement you’ll be asked whether you want to accept it. By choosing the "Yes, I have read and agree to the terms and conditions" button you accept these terms and conditions. If you do not wish to accept them, you may click the "No, I do not agree to the terms and conditions" button and you will not be registered. By registering with eservicescorp.com you agree to use the Site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions outlined below.
Membership on the Site provides registered non-profit organizations (each a "Member") with the services, technology and content described below. Your organization must have a registered non-profit Tax ID which we must be able to verify. Members may use the technology available throughout the Site (the "Design4U Tool") to build their specific eservicescorp online e-business registration form (each a "Member Form"). As a Member, you will be able to use the Design4U Tool to build and maintain your Member Form (the "Standard Services"). As a Member, eservicescorp.com will also process your customer’s on-line payments for the registered events you have customized using the Design4U Tool and you will also have the ability to download a delimited file of information gathered using the Site and Member Forms (collectively the "E-Commerce Services" and together with the Standard Services, the "Services"). For access to and use of the E-Commerce Services, you agree that eservicescorp.com will act as your legal agent and shall have authorization to re-sell your eservicescorp.com offering. You understand and agree that eservicescorp.com may, at its discretion, add or delete any features included as a part of Services or Design4U Tool (the "Technology") at any time. 2. Restrictions and Description of Prohibited Acts a. You may not use the Services, including, but not limited to, the selection of your form address to: (i) Display material containing pornographic material of any kind; (ii) Provide material that is grossly offensive to the eservicescorp.com online community, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content; (iii) Sell or promote any products or services that are unlawful in the location at which the content is posted or received; (iv) Introduce viruses, worms, harmful code and/or trojan horses on the Internet; (v) Display material that exploits (or otherwise exploit) children under 18 years of age; (vi) Post any content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party; (vii) Promote, solicit or participate in multilevel marketing or pyramid schemes; (viii) Post any content that holds up eservicescorp.com to public scorn or ridicule; (ix) Engage in any libelous, defamatory, scandalous, threatening, harassing activity; (x) Post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parents consent in case of a minor); and/or (xi) Post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence. b. You agree that without the express consent of eservicescorp.com (and showing proof of the appropriate licenses where necessary or appropriate), you will never provide, sell or offer to sell the following products or content (or services related to the same): pharmaceutical or any other controlled substances, illegal drugs; illegal drug contraband; alcohol; fire arms; weapons; pirated computer programs; pornography or illicitly pornographic sexual products; programs to "nuke" or create attacks against another individual or an Internet service provider; illegal goods; escort services; instructions on how to assemble or otherwise make bombs, grenades or other weapons; information used to circumvent manufacturer-installed copy-protect devices; or computer software viruses or software designed to create a virus. c. You also agree that you will never promote or provide instructional information about: illegal activities, activities which can lead to physical harm to any group or individual, or any activities which lead to cruelty to animals. You may not use the Services, Design4U Tool, or Member Form in any high-risk activities where damage or injury to persons, property, environment or business may result if an error occurs. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE. d. Unless eservicescorp.com offers a service to conduct any of the following, you agree that you will never conduct the following types of activities: Gambling; Sweepstakes; Raffles; Lotteries; Contests, Multi-level marketing, pyramid or Ponzi schemes; and/or unsolicited commercial e-mail (spam). e. You agree that you will not (and you will not allow any third party to) partake in the following actions: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of the Design4U Tool; Individual passwording of other Member Forms (or pages contained therein); Deleting or altering author attributes or copyright notices, unless expressly permitted in writing by the author or owner; and/or Failing to obtain all required permissions when using the Services or Design4U Tool to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws.
a. The Standard Services, as described in Section 1, are offered free of charge for so long as eservicescorp.com deems appropriate. The gathering of "data only" will incur a service fee and eservicescorp.com does charge for the E-Commerce Services. You will pay a commission fee to eservicescorp.com equal to charges specified in the fee schedule. eservicescorp.com asks that you provide us with your checking account information for payment, and all charges you incur for use of the E-Commerce Services will be charged against the checking account you provide. If eservicescorp.com does not receive payment from the checking account you provided, you agree to pay eservicescorp.com all amounts due upon demand. eservicescorp.com may take commercially reasonable actions to validate your checking account. eservicescorp.com reserves the right at its sole discretion and as it deems appropriate to add or remove certain Services it offers and change its fees for any services in accordance with Section 4. b. You agree to notify eservicescorp.com immediately if you suspect unauthorized use of the Services, account or your password. c. You agree to pay any taxes, resulting from your use of the Services. You agree to pay all attorney and collection fees arising from our efforts to collect any past due amounts from you to the extent allowed by law. d. Refunds, Disputes and Chargebacks will be the responsibility of the Member. eservicescorp.com will NOT be liable for any loss associated with these items and you are authorizing eservicescorp.com to process these items and collect a fee from you for handling such. e. Account Settlement. eservicescorp.com will settle the funds to Members at a frequency not to exceed weekly with a one-week lag time from the transaction date.
eservicescorp.com reserves the right, at any time, to modify, alter or update this Agreement. eservicescorp.com also reserves the right to withdraw access to the Site or to revise the Services, fees and charges described in the Site at any time. eservicescorp.com will announce changes to our services, fees and charges by posting a fee schedule. eservicescorp.com may, in its discretion, supplement such notice by sending you an e-mail, by putting a pop-up notice on your screen when you access the Services, or by sending you a letter. If you find any change to be unacceptable, you are free to terminate this Agreement by following the steps described in Section 7. Your use of the Services after the effective date of a change constitutes your continued acceptance of the terms of this Agreement, the Services and its fee schedule. 5. Advertising eservicescorp.com relies on the ongoing support of its sponsors and advertisers to help fund the free services it offers its Members. Accordingly, eservicescorp.com reserves the right to place certain advertisements and banners on and along side the Member Form as it deems appropriate.
a. eservicescorp.com is committed to protecting your privacy. All Member Forms generated by eservicescorp.com's Design4U Tool and all the data gathered by the Site belong to eServices Corporation. b. In order to protect you, eservicescorp.com uses state of the art technology to protect your data from unauthorized third parties. Currently eservicescorp.com uses Secure Socket Layer Software (SSL) to protect data and secure your transactions. SSL encrypts your financial transaction information, including credit card number. Please see our Privacy Policy Statement for information regarding our treatment of personal data.
a. Term. This Agreement shall be effective upon when you choose the "Yes, I have read and agree to the terms and conditions" button and shall continue unless terminated under this Section 7. b. Termination by eservicescorp.com. eservicescorp.com may at any time modify or discontinue any or all aspects of your use of the Services for any reason, including, without limitation, if the bank account number you provide eservicescorp.com expires, you otherwise fail to make payments due to eservicescorp.com hereunder or if eservicescorp.com believes that you have violated or acting inconsistently with the letter or spirit of this Agreement. eservicescorp.com may also in its sole discretion and at any time discontinue providing the Services, or any part thereof. Upon termination of this Agreement, all rights granted to you under this Agreement shall terminate immediately. If eservicescorp.com terminates this Agreement or suspends your access to the Services, you will remain liable for any fees incurred prior to termination. Following such termination or suspension, you agree not to re-register for, or otherwise access, Services without eservicescorp.com's prior written approval. eservicescorp.com reserves the right to deactivate or delete your account and any and all related information and data files associated with your use of the Services and/or bar any further access to such files or Services upon termination of this Agreement. c. Termination by Member. You may terminate this Agreement immediately for any reason at any time by going to support@eServicescorp.com and placing your Member identifier and the word TERMINATE in the subject line. You will remain liable for all fees incurred prior to termination of this Agreement and for all usage-based fees through the date eservicescorp.com receives your termination notice pursuant to this Section. d. Inactivity. If no transactions are submitted from a Member Form for a period of six (6) months, the Member Form will be removed from service. 8. Indemnification You agree to indemnify eservicescorp.com and hold eservicescorp.com harmless against any and all liabilities, cost and expenses, including reasonable attorney's fees related to or arising from: (i) your use of the Services in a way that is prohibited or restricted under this Agreement; (ii) infringement of any copyright, trademark, intellectual property or other right or patent by any material you post or use on your Member Form or your respective web site; (iii) any breach by you of this Agreement; and/or (iv) any indecent obscene, or libelous material posted on your Member Form or respective web site.
As between the parties, you acknowledge and agree that eservicescorp.com and its licensors own all right, title, and interest in: (a) the Site; (b) the Design4U Tool available on the Site; (c) each Member Form; and (d) all content, including but not limited to information, text, data, software, music, sound, photographs, video, graphics and other material contained or maintained on the Site and each Member Form (collectively "Content"). In addition, you agree that the Content and Technology is protected by United States and international copyrights, trademarks, service marks, trade secrets or other proprietary rights and laws and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. You also understand and agree that the compilation, collection, selection, arrangement, assembly, and coordination of all Content available on the Site is the exclusive property of eservicescorp.com and its licensors and protected by United States and international copyright laws. You are only permitted to use the Content and Technology as expressly authorized by the eservicescorp.com or its licensors. You agree that, except as expressly authorized by eservicescorp.com, all the Content and Technology available on the Site may only be used by you for your internal business, selling and data gathering purposes. You may make copies of selected portions of the Content, provided that such copies are made only for your internal use and only if you maintain any proprietary notices contained in such Content. Any other use of the Content or Technology, including without limitation the reproduction for purposes other than those note above, modification, distribution, transmission, republication, display, performance, or reproduction, without prior written permission of eservicescorp.com is strictly prohibited. In addition to the foregoing, use any software Content and Technology shall be governed by the software license agreement accompanying such software. 10. Trademarks, Service marks and Copyright eservicescorp.com and other pending and/or registered trademarks and service marks, and other graphics, logos and service names used by eservicescorp.com on the Site to identify the products or services of eservicescorp.com (collectively the " Trademarks") are propriety to eServices Corporation. You agree not to use the Trademarks in connection with your products or services or any third party products or services or in any manner that disparages or discredits eservicescorp.com. All other brands and names (including third party product names) used on the Site are the property of their respective owners. 11. Limitations on Liability a. YOU ARE SOLELY RESPONSIBLE FOR THE PROPER CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS UNDER YOUR CONTROL. REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL eservicescorp.COM, OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING SERVICES, TECHNOLOGY, OR CONTENT AVAILABLE AT THE SITE ("AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (I) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SITE; (II) FOR LOSS OR INACCURACY OF DATA OR, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (III) FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND - - INCLUDING LOSS OF REVENUES OR PROFITS, LOSS OF USE, INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR LOSS OF DATA -- ARISING OUT OF OR RELATED TO THE SITE OR IN CONNECTION WITH THE USE OF THE INFORMATION PROVIDED FROM THE SITE, OR IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES ACQUIRED FROM MEMBER FORMS OR THE MEMBER’S RESPECTIVE WEB SITE whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise, regardless of whether eservicescorp.com was advised of or had other reason to know of or in fact knew of the possibility thereof. b. THE AGGREGATE LIABILITY OF eservicescorp.COM AND THE AFFILIATES, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO eservicescorp.COM DURING THE TERM OF THIS AGREEMENT FOR ANY SERVICES OR TECHNOLOGY. c. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. d. IN NO EVENT IS eservicescorp.COM OR ANY AFFILIATE LIABLE FOR ANY DAMAGES ARISING FROM YOUR FAILURE TO PERFORM YOUR RESPONSIBILITIES IN CONNECTION WITH THIS AGREEMENT, OR ARISING FROM ANY CAUSE BEYOND eservicescorp.COM'S CONTROL. e. THIS SECTION APPLIES TO ALL CLAIMS BY YOU IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING YOUR CLAIM, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT (EVEN IF IN THE NATURE OF A BREACH OF CONDITION OR A FUNDAMENTAL TERM OR A FUNDAMENTAL BREACH), OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, MISREPRESENTATION AND/OR OTHERWISE. 12. Warranties/Disclaimers a. eservicescorp.com warrants that, if a Member is dissatisfied in any way with the Services, Technology or Content provided on or through the Site, upon notice from you we will terminate this Agreement, and upon your request, refund any unused portion of any fees you have paid for any current month or future services, when applicable, less any balances otherwise due to eservicescorp.com. This is your sole and exclusive remedy for any breach of this Agreement. b. THE OPINIONS AND VIEWS EXPRESSED IN ANY MEMBER FORM OR THE MEMBER’S RESPECTIVE WEB SITE DO NOT REFLECT THOSE OF eservicescorp.COM AND eservicescorp.COM DOES NOT REVIEW, VERIFY, ENDORSE OR OTHERWISE VOUCH FOR THE CONTENT OF ANY MEMBER FORM OR THE MEMBER’S RESPECTIVE WEB SITE. eservicescorp.COM IS NOT RESPONSIBLE FOR THE CONTENT OF ANY MEMBER FORM OR THE MEMBER’S RESPECTIVE WEB SITE AND DOES NOT GUARANTY THE TRUTH OR ACCURACY OF SUCH CONTENT. MEMBERS ARE SOLELY RESPONSIBLE FOR EVERYTHING CONTAINED IN THEIR OWN MEMBER FORM AND RESPECTIVE WEB SITE. MEMBERS MAY BE HELD LEGALLY LIABLE FOR THE CONTENTS OF THEIR MEMBER FORM AND THEIR RESPECTIVE WEB SITES AND MAY BE HELD LEGALLY ACCOUNTABLE IF THEIR MEMBER FORM OR RESPECTIVE WEB SITE INCLUDES, FOR EXAMPLE, ANY DEFAMATORY COMMENTS OR MATERIAL PROTECTED BY COPYRIGHT, TRADEMARK, PATENT OR TRADE SECRET OR OTHER LAWS, WITHOUT THE EXPRESS PERMISSION OF THE AUTHOR OR OWNER. c. eservicescorp.COM IS NOT RESPONSIBLE FOR THE DELIVERY OR QUALITY OF ANY GOODS OR SERVICES SOLD OR ADVERTISED THROUGH THE SITE OR THROUGH ANY AFFILIATES PROGRAM OR THROUGH THE MEMBER FORM OR THE MEMBER’S RESPECTIVE WEB SITE. eservicescorp.COM NEITHER ADVOCATES NOR ENDORSES THE PURCHASE OR USE OF ANY OF THE PRODUCTS OR SERVICES OFFERED BY THE MEMBERS, NOR DO THEY GUARANTEE THE QUALITY, FITNESS OR RESULTS OF ANY SUCH PRODUCTS OR SERVICES OR THEIR COMPLIANCE WITH ANY LAW OR REGULATION. d. ALL SERVICES, CONTENT AND TECHNOLOGY PROVIDED IN ASSOCIATION WITH THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER eservicescorp.COM NOR eservicescorp.COM'S LICENSORS MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SERVICES, CONTENT, TECHNOLOGY OR PRODUCTS THAT eservicescorp.COM OR ITS LICENSORS OR ANY OTHER THIRD PARTY PROVIDES, AND eservicescorp.COM AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANITES WITH REGARD TO THE SERVICES, CONTENT, TECHNOLOGY AND PRODUCTS PROVIDED, INCLUDING IMPLIED AND EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SAME. WITHOUT LIMITING THE FORGOING, NO WARRANTY IS GIVEN THAT THE SERVICES OR TECHNOLOGY IS ERROR-FREE. eservicescorp.COM AND ITS LICENSORS DISCLAIM ANY WARRANTY OF TITLE OR ANY OTHER WARRANTIES FOR ANY THIRD PARTY'S OFFERING(S) OR PRODUCT(S). e. eservicescorp.COM DOES NOT GUARANTEE THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, YOUR INFORMATION. eservicescorp.COM AND ITS LICENSORS ARE NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED OVER INTEREXCHANGE CARRIERS', LOCAL EXCHANGE CARRIERS', OR OTHER PROVIDERS' FACILITIES. f. THE DOCUMENTS AND GRAPHICS APPEARING ON THE SITE MAY INCLUDE TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, AND OUT OF DATE INFORMATION, THEREFORE YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE OF THE SITE. g. eservicescorp.COM MAY PROVIDE LINKS TO OTHER WEB SITES OR RESOURCES. ALL VENDOR WEB SITES LISTED WITHIN THE SITE HAVE NO AFFILIATION OR ASSOCIATION WITH SIGNUP4.COM. YOU ACKNOWLEDGE AND AGREES THAT eservicescorp.COM IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. eservicescorp.COM WILL TAKE NO RESPONSIBILITY OR LIABILITY FOR ONLINE TRANSACTIONS PERFORMED BETWEEN CONSUMERS AND THE VENDORS LISTED WITHIN THE SITE. eservicescorp.COM NEITHER ADVOCATES NOR ENDORSES THE PURCHASE OR USE OF ANY OF THE PRODUCTS OR SERVICES OFFERED BY THE VENDORS, NOR DO THEY GUARANTEE THE QUALITY, FITNESS OR RESULTS OF ANY SUCH PRODUCTS OR SERVICES OR THEIR COMPLIANCE WITH ANY LAW OR REGULATION. YOU ALSO AGREE THAT eservicescorp.COM SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON SUCH EXTERNAL THIRD PARTY SITES. 13. Use of Comments If you respond to eservicescorp.com with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall NOT be deemed confidential. All such submissions shall be deemed the property of eservicescorp.com, and your submission of information shall constitute an assignment to eservicescorp.com of all worldwide rights, titles and interest in such information. eservicescorp.com will not be liable for any use of disclosure of such information. eservicescorp.com will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. eservicescorp.com will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information. eservicescorp.com welcomes your comments and suggestions on its site and products, but eservicescorp.com does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. By submitting information, you warrant that eservicescorp.com may publish such information, use it as part of its operations, and incorporate its concepts in eservicescorp.com without liability. NOTE: This section does not apply to personal data supplied by you to the site, such as your name, address, email address, telephone number and the like. Please see our Privacy Policy Statement for information regarding our treatment of personal data. 14. Member Account, Password and Security You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify eservicescorp.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. eservicescorp.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. 15. Miscellaneous a. This Agreement shall be governed by and construed in accordance with United States Federal and Nebraska laws, excluding its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this Agreement. You agree to submit to the exclusive jurisdiction of the Federal and State courts of the state of Nebraska, which are located in Omaha, Nebraska (each a "Nebraska Court"), for any litigation arising out of or relating to the use of eservicescorp.com, waive any objection to the laying of venue of any such litigation in a Nebraska Court and agree not to plead or claim in a Nebraska Court that such litigation brought therein has been brought in an inconvenient forum. If local laws prohibit your participation in any part of Services, or use of them, then you are responsible for complying with such laws, and the terms of this Agreement. b. Any and all disputes between you and eservicescorp.com will be settled by arbitration in Omaha, Nebraska in accordance with the regulations of the American Arbitration Association then in force, and you agree that all negotiations, discussions, and settlements shall be subject to obligations of confidentiality and shall not be disclosed to any third party. c. If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. d. All notices to you shall be in writing and shall be made either via email or conventional mail, or by posting such notices on the Site. eservicescorp.com may broadcast notices or messages through the Services to inform you of changes to this Agreement, the Services, or other matters of importance; such broadcasts shall constitute notice to you. All notices to eservicescorp.com from you must be made in writing via e-mail addressed to support@eservicescorp.com, with the exception of termination notice, which is governed by Section 7(c). e. eservicescorp.com's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by eservicescorp.com in writing. f. This Agreement comprises the entire Agreement between you and eservicescorp.com pertaining to the subject matter hereof, and supersedes in their entirely any and all written or oral agreement previously existing between the parties with respect to such subject matter. g. Your membership in the Services and any of your rights hereunder may not assigned or transferred to any third party. eservicescorp.com reserves the right to assign this Agreement to any third party that acquires all or substantially all of its relevant business or assets. h. The section headings in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. i. You represent and warrant that you are over the age of 18 years, have the authority to execute this Agreement for your non-profit organization, have read this Agreement, and agree to be bound by its terms and conditions. |