Welcome to Extended Hearts, LLC. These Frequently Asked Questions & Terms and Conditions (these “Terms of Service”) govern your access to and use of this website and the various on-line tools and services that Extended Hearts, LLC makes available. These Terms of Service govern your access to and use of this website and the various on-line tools and services that Extended Hearts, LLC makes available through its website to facilitate online fundraising. You should read these Terms of Service carefully before accessing or using this website or any of Extended Hearts, LLC’s tools and services. By accessing or using this website or the Extended Hearts, LLC tools and services you agree to be legally bound by these Terms of Service. If you do not agree to these Terms of Service, you may not use this website or the Extended Hearts, LLC tools and services.
This website and the tools and services accessible through this website are owned and operated by Extended Hearts, LLC, Inc. Whenever these Terms of Service refer to “we,” “our,” or “us”, we are referring to Extended Hearts, LLC. From time to time we may revise or modify these Terms of Service by posting the revised Terms of Service on this website, without notice to you. Any subsequent use by you of this website or the tools or services accessible on this website will be governed by the then current Terms of Service. The current version of the Terms of Service can be found on this page.
We make this site available for use by the general public, subject to these Terms of Service. In order to access and use our tools and services, you must complete the registration process. Access to and use of password-protected and secure areas is restricted to registered users. Any attempt to access restricted areas without authorization is prohibited.
When you register with Extended Hearts, you will need to choose a password to access the Extended Hearts tools and services. You are responsible for maintaining the confidentiality of your password. Keep your password in a secure place and do not allow any unauthorized persons access to your password. If you become aware of any
How are nonprofits selected for the ProjectBuilder program?
To apply for the ProjectBuilder program, organization must complete an online application. In reviewing applications, we look for organizations whose missions' align with the Extended Hearts, LLC vision of Making A Difference in Communities All Over the World.
How much does the ProjectBuilder program cost?
Organizations pay a one-time set-up fee for the ProjectBuilder service, a flat monthly fee that is based on organizational budget size, as well as a percentage of each donation to cover administrative costs and credit card processing charges. Please visit our pricing page for details.
Donations to Charities; Our fees
You are solely responsible for ensuring that you have selected the correct organization to fundraiser for or donate to. The amount of donations to the charity designated by you are charged on your credit card and paid to, and processed by, Extended Hearts, LLC or its affiliates such charity’s behalf. Any payments of donations are final and non-refundable. The donations will be held in a separately managed bank account until such time as Extended Hearts, LLC forwards the donations to the charity.
How are online donation dollars granted out to nonprofits?
Extended Hearts, LLC forwards donations to the charity at intervals as determined by Extended Hearts, LLC and the charity. Typically at the end of each month, Extended Hearts, LLC will send your organization a single check for the aggregate amount of your monthly donations (if you haven't received $50 in donations, we'll send the check at the end of the quarter) as well as a print out of all your donor information. It is as frequently as weekly but no less frequently than quarterly. Your donations to the charity designated by you will be net of fees totaling 9.0%. This fee structure is subject to change from time to time at the sole discretion of Extended Hearts, LLC.
Are Extended Hearts, LLC transactions safe and secure?
Yes. We use Secure Sockets Layer (SSL) technology to encrypt all data submitted to and from our site over the web. SSL renders donors' personal information, including credit card numbers, virtually unreadable to anyone who intercepts it. SSL is supported by all major browsers, including Microsoft Internet Explorer and Netscape Navigator. (To find out if your browser is connected to a secure transaction server, look for a solid gold key in the lower right-hand corner of a Netscape browser. For a Microsoft browser, look for a locked padlock.)
Does my organization need a merchant account to receive online donations using ExtendedHearts.com
No. Extended Hearts, LLC processes all online credit card transactions for nonprofits who use the ProjectBuilder service.
Does my nonprofit need to comply with State Registration requirements in order to accept online donations?
Internet regulations are being debated throughout the fifty states and at the national level. At present, more than forty states require nonprofits to be registered. Nonprofits that solicit donations in a given state may be required to register as a charity in that state. By processing your donations through the Extended Hearts, LLC ProjectBuilder service, you can save your organization time and thousands of dollars each year.
Information Provided Through Our Website
Any information; ideas or opinions posted by users of the Extended Hearts, LLC tools, services or website do not necessarily reflect our views. We do not assume responsibility for the accuracy of any information, ideas or opinions posted by users and are not liable for any claims, damages or losses resulting from such information, ideas or opinions.
If you post any information, materials or other content on our website, you authorize us to use and publish such materials in any manner we choose and without any obligation to compensate you or anyone else. When posting any information, materials or content you agree that you will not:
• Harass, defame, intimidate or threaten another user;
• Interfere with another user’s rights to privacy;
• Post any material that is defamatory (i.e., disparaging to the reputation of an individual or business);
• Post any material that is obscene, offensive or indecent;
• Post any trademarks, logos, copyrighted material or other intellectual property without the authorization of the owner;
• Post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse);
Are donors names kept confidential?
Extended Hearts, LLC never sells, trades, or rents donor information, and our site has security measures to prevent the loss, misuse, or alteration of donor and donation data. Additionally, you can give your donors the option to give anonymously to your organization.
What credit cards can donors use when giving through ProjectBuilder?
Extended Hearts, LLC currently accepts donations made using Visa, MasterCard or American Express.
Unauthorized card use
You agree not to use an invalid or unauthorized credit card. Once a donation is made, the transaction is final and not subject to dispute unless unauthorized use of your payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.
Tax Information; Disclaimer
Extended Hearts, LLC is not an accounting, taxation or financial advisor, and you should not rely on information given on this website to determine the accounting, tax or financial consequences of making donations to charity. Extended Hearts, LLC makes no representation as to whether all or any portion of the donations to any charity is tax deductible. We strongly recommend that you consult your own advisor/s about any accounting, taxation or financial consequences that may affect you. Extended Hearts, LLC shall have no liability for any claim by any federal or state tax authority with respect to your characterization of any donations through this website on your federal or state tax returns.
Do online donors get receipts for contributions made through our ProjectBuilder button?
When a donor makes a contribution and the credit card is verified, a tax receipt is automatically emailed to the donor acknowledging the contribution for tax purposes. This email also thanks the donor for their contribution and includes your thank you message.
How can donors make recurring donations to my organization with ProjectBuilder?
ProjectBuilder gives nonprofits additional options when conducting fundraising appeals with individual donors. Donors will be able to select a monthly or quarterly gift schedule, and will be able to log into the ProjectBuilder system to modify credit card information or their gift schedule. We offer some code so that nonprofits can add a link from their Web site to the Extended Hearts, LLC site so that donors can modify their recurring donation.
The names Extended Hearts, LLC, Extended Hearts ProjectBuilder, Extended Hearts BidtoGive, the ExtendedHearts.com, logos and any other product and service names that we may present on the website from time to time may not be used in connection with any product or service that is not Extended Hearts, LLC’s, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit Extended Hearts, LLC. Other trademarks, service marks or logos that appear on the website, in particular (but not exclusively) those of charities registered with Extended Hearts, LLC are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both Extended Hearts, LLC and the trademark owner.
All content on the Extended Hearts, LLC website is owned by Extended Hearts, LLC, the charities registered with Extended Hearts, LLC, or other original providers, and is protected by applicable intellectual property and proprietary rights and laws. You may copy such content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trademark, or other proprietary notice. No other use of the website’s content is permitted without the express prior permission of Extended Hearts, LLC, and, where applicable, the copyright holder. Inquiries and permission requests may be sent to support@ExtendedHearts.com.
You must at all times use this website and the Extended Hearts, LLC tools and associated services in a responsible and legal manner. In particular (but not exclusively) you must not do any of the following: misrepresent your identity or your affiliation with any other person or organization; send junk email or spam to people who do not wish to receive mail from you; delete or falsify any attributions, trademarks or designations of source from any website content; conduct, display or forward surveys, contests, pyramid schemes or chain letters; or interfere with or disrupt the service or services or networks connected to the service; collect or store personal data about other users including email addresses. You agree that you will comply with all applicable local, state and federal laws, statutes and regulations regarding use of this website and Extended Hearts, LLC tools and services.
Age and Responsibility
If you use this website, you are responsible for maintaining the confidentiality of the personal account information you submit. You agree to accept responsibility for all activities that occur under your account. You represent that you are of sufficient legal age to use this website. You understand that you are financially responsible for all uses of this website by you and those using your personal information.
Changes to the service
Extended Hearts, LLC reserves the right, in its sole discretion, to modify, suspend or discontinue all or any part of the services or tools at any time with or without notice to you. Unless specifically exempted, any new features, services or software applications introduced will be subject to these Terms of Service.
Failure to comply with these Terms of Service
Extended Hearts, LLC may terminate your right to use this website and any of the Extended Hearts, LLC tools and services at any time and without notice. We will terminate your right to use our website and any of the Extended Hearts, LLC tools and services if you violate any of these Terms of Service or any other policy posted on our website, if you use or attempt to use this website, the tools or the services for fraudulent purposes, or if we become aware that you are infringing any copyright or other intellectual property right.
Limitation of Liability; Disclaimer of Warranties
To the maximum extent permitted by law, Extended Hearts, LLC disclaims liability for any loss or damages, whether direct, indirect, special, incidental or consequential (even if Extended Hearts, LLC has been advised of the possibility of such damages) arising out of (i) your use of the Extended Hearts, LLC tools, website or services or your inability to do so (ii) your reliance on any content provided on the website or through the services and/or (iii) goods and services in any way associated with the website and services.
YOUR USE OF THIS WEBSITE AND THE EXTENDED HEARTS, LLC TOOLS AND SERVICES IS AT YOUR SOLE RISK. EXTENDED HEARTS, LLC PROVIDES THE TOOLS, THE WEBSITE AND THE SERVICES ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXTENDED HEARTS, LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED REGARDING THE WEBSITE, THE SERVICES AND THE TOOLS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NEITHER EXTENDED HEARTS, LLC NOR ANY OF ITS SPONSORS MAKE ANY WARRANTIES OR REPRESENTATIONS AS TO THE QUALITY, RELIABILITY OR VALIDITY OF THE CHARITIES ON THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY THEREFOR. IN THE EVENT YOU ARE DISSATISFIED IN ANY WAY WITH THE WEBSITE, THE SERVICES OR THE TOOLS, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO DISCONTINUE ANY FURTHER USE OF SUCH ITEMS.
Your use of this website constitutes your unconditional consent to all of the terms and conditions set forth herein and an acknowledgement of the disclaimers and limitations of liability set forth in the Terms and Conditions. Extended Hearts reserves the right to modify the Service, and the rules and regulations governing its use, at any time. Modifications will be posted on the Web Site, and users are deemed to be apprised of and bound by any changes to the Service. Extended Hearts may make changes in the products and/or services described on the Service at any time.
These Terms of Service, and any agreements incorporated by reference herein, set forth the entire understanding and agreement between you and us with respect to the subject matter of these Terms of Service. Headings and captions of the sections are for reference purposes only. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced. Notwithstanding any other provision of these Terms of Service or any general legal principles to the contrary, any provision of these Terms of Service that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Service, including, without limitation, the indemnification and limitation of liability provisions.. This website and its contents may not be appropriate or available for use in countries other than the United States. If you choose to access our website from any location other than the United States, you accept full responsibility for compliance with applicable local laws.
If you have any questions, concerns, or suggestions regarding the Terms and Conditions, contact us via email at support@ExtendedHearts.com
Extended Hearts, LLC – Privacy
20533 Biscayne Blvd #1218
Aventura, FL 33180
EXTENDED HEARTS, LLC ProjectBuilder SERVICES AGREEMENT
This Extended Hearts, LLC ProjectBuilder Services Agreement ("Agreement") is made and entered into as of the date accepted by You and is by and between Extended Hearts, LLC ProjectBuilder a for profit Limited Liability corporation having its principal place of business located at 20533 Biscayne Blvd. #1218, Aventura, FL 33180, United States ("Extended Hearts, LLC”), and the corporation whose name, address, and other contact information is set forth on the lines indicated at the end of this Agreement ("You").
THIS AGREEMENT IS EXECUTED ELECTRONICALLY. BY CLICKING "ACCEPT" LOCATED AT THE END OF THIS AGREEMENT, YOU ARE AGREEING TO THE TERMS AND CONDITIONS FOR USE OF THE EXTENDED HEARTS, LLC ProjectBuilder SERVICES AS SET FORTH IN THIS AGREEMENT. YOU UNDERSTAND THAT YOU WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU WARRANT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THAT YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT, AND THAT THIS AGREEMENT IS LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, CLICK THE "DECLINE" BUTTON. IF YOU SO DECLINE, YOU SHALL NOT PARTICIPATE IN OR USE THE EXTENDED HEARTS, LLC ProjectBuilder SERVICES, RECEIVE ANY RIGHTS FROM EXTENDED HEARTS, LLC ProjectBuilder, OR ACCESS OR USE ANY MATERIALS OF EXTENDED HEARTS, LLC ProjectBuilder.
All Extended Hearts, LLC ProjectBuilder Services offered on and through its Internet web site and subscribed to by You will be referred to collectively as the "Services."
1. Access and to the Services. Subject to the terms and conditions of this Agreement, Extended Hearts, LLC ProjectBuilder will make the Services available to You and such of Your employees that You identify to Extended Hearts, LLC ProjectBuilder as authorized to access and use the Services ("Access Holders"). You accept sole responsibility for the use of the Services by You, Your Access Holders, and any other user who gains access to the Services through You or any of Your Access Holders.
YOU SHALL INDEMNIFY AND HOLD EXTENDED HEARTS, LLC, ITS OFFICERS, EMPLOYEES, AND AGENTS HARMLESS AGAINST ANY LOSS, CLAIM, EXPENSE (INCLUDING COURT COSTS AND ATTORNEY FEES) OR LIABILITY OF WHATEVER KIND ARISING OUT OF THIS AGREEMENT FOR YOUR AND/OR YOUR ACCESS HOLDERS' USE OF THE SERVICES.
The Services include an on-screen help function and a "Frequently Asked Questions" section to assist You and Access Holders in the use of the Services. Extended Hearts, LLC currently makes customer support and services available to You and Access Holders, at no cost to You, via telephone and email on weekdays between 9:00AM and 5:00PM Eastern time, excluding holidays that are recognized by Extended Hearts, LLC, however, the provision of such services is subject to change, in Extended Hearts, LLC's sole discretion.
Extended Hearts, LLC reserves the right to review all applications for service that accompany this signed agreement and may approve or reject applications at it's sole discretion.
2. Data. You shall be solely responsible for the quality and accuracy of all data that You or Your Access Holders enter into the Services. Except as otherwise provided in this Agreement, as against Extended Hearts, LLC, such data shall be Your sole property. Extended Hearts, LLC shall keep all data pertaining to You and Your Access Holders stored in the Services confidential and shall not disclose such data to anyone except employees, agents, and contractors of Extended Hearts, LLC who need to know the same in order to facilitate the performance of their duties. Extended Hearts, LLC will exercise reasonable care in the protection of Your data and will maintain reasonable data integrity safeguards against the deletion or alteration of Your data. If any data is lost or destroyed because of any act or omission of Extended Hearts, LLC or any noncompliance with Extended Hearts, LLC’s obligations under this Agreement, then Extended Hearts, LLC will, at its own expense, use commercially reasonable efforts to reconstruct such data as soon as possible. Extended Hearts, LLC will store and safeguard storage media containing Your data when in the custody of Extended Hearts, LLC. You acknowledge and accept that the Services will be unavailable when Extended Hearts, LLC is backing up data.
3. Improvements. Extended Hearts, LLC may update or otherwise modify the Services at any time for any reason in Extended Hearts, LLC’s sole discretion. Extended Hearts, LLC may shut down the Services for maintenance and development work when necessary. You acknowledge that You are familiar with the Services' functions, and that the Services are sufficient without modification to meet Your and Your Access Holders' requirements. Extended Hearts, LLC shall have no obligation whatsoever to customize, modify or improve the Services.
4. Communications, Member Management and Other Services Provisions. If You are subscribing to one or more of Extended Hearts, LLC's communications, member management and related services, Section 4 and its subsections apply specifically to You. If You are not subscribing to any of these services, Section 4 and its subsections do not apply to you.
4.1. The Services contain email services designed to enable You and Access Holders to communicate with others (collectively, "Communication Functions"). You agree (and must require all Access Holders to agree, in writing) to use the Communication Functions only to transmit messages and material that are proper and, when applicable, related to the particular Communication Function. ANY IMPROPER USE OF THE COMMUNICATIONS FUNCTIONS WILL RESULT IN TERMINATION OF YOUR ACCOUNT. By way of example, and not as a limitation, You and each Access Holder agree that when using a Communication Function, he, she, or it will not:
o Use the Communication Function in connection with pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
o Publish, post, upload, distribute or disseminate any materials that violate any legal rights (such as rights of privacy and publicity, intellectual property rights, or any other legal rights) of others, or otherwise violate any such rights using the Services.
o Publish, post, upload, distribute or disseminate any profane, defamatory, obscene, indecent or unlawful topic, name, image, material or information.
o Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
o Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
o Download any file posted by another user of a Communication Function that You or access Holder, as applicable, knows, or reasonably should know, cannot be legally distributed in such manner.
o Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
o Restrict or inhibit any other authorized user from using and enjoying the Communication Functions.
o Violate any applicable laws or regulations.
o Create a false identity for the purpose of misleading others.
4.2. License. Extended Hearts, LLC ProjectBuilder hereby grants a limited, worldwide, nonexclusive, nontransferable, and non-sublicensable right and license to access and use the Services to You and Your Access Holders for the term of this Agreement. Extended Hearts, LLC reserves all other rights with respect to the Services that are not expressly granted to You herein.
4.3. Fees. You will pay Extended Hearts, LLC a set up fee and monthly fees based on Your volume of use of the Services (including that of Access Holders'). The amount of the set up fee and monthly fees are set forth on Extended Hearts, LLC ProjectBuilder's current pricing schedule (less discounts, if applicable), which is subject to change, from time to time, in Extended Hearts, LLC's sole discretion. You acknowledge that You have reviewed and agree to Extended Hearts, LLC's current pricing schedule. Extended Hearts, LLC will track Your monthly volume use of the Services and bill Your credit card, on a monthly basis, for the fees incurred during the previous month.
4.4. Right to Terminate Access. Extended Hearts, LLC ProjectBuilder has no obligation to monitor the Communication Functions. However, Extended Hearts, LLC reserves the right to review materials posted to a Communication Function and to remove any materials in its sole discretion. Extended Hearts, LLC reserves the right to immediately terminate any Your or Access Holder's access to any or all of the Communication Functions at any time, without notice, for any violation of the standards set forth above.
4.5. Rights Reserved. Extended Hearts, LLC reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Extended Hearts, LLC's sole discretion. In addition, Extended Hearts, LLC has the right to use aggregated data about Your usage of the Services in Extended Hearts, LLC's marketing or other materials.
5. ProjectBuilder Provisions. If You are subscribing to the ProjectBuilder services, Section 5 and its subsections apply specifically to You. If You are not subscribing to the ProjectBuilder services, Section 5 and its subsections do not apply to you. You hereby represent that You are, or are collecting funds on behalf of, a qualified 501(c)(3) organization.
5.1.Obligations. During the term of this Agreement, Extended Hearts, LLC ProjectBuilder agrees to (i) maintain the ProjectBuilder Program, (ii) maintain such functionality as is necessary so that donors can make donations to You through a secure server, (iii) collect all donations made to You using the hypertext link, and grant the proceeds thereof, net of the costs and expenses set forth in Section 5.4, to You, (iv) provide an email receipt to each donor, and (v) provide You the ability to view and download donation information maintained on a secure server by Extended Hearts, LLC ProjectBuilder. During the term of this Agreement, You agree to (i) notify Extended Hearts, LLC ProjectBuilder immediately if there is a material change to any of the information provided on Grantee's application to participate in the ProjectBuilder Program; and (ii) use its best efforts to comply with the Standards of Non-Profit Practice set forth on Extended Hearts, LLC ProjectBuilder's Web site, www. ExtendedHearts.com/ProjectBuilder
5.2. License to Grantee. Extended Hearts, LLC ProjectBuilder hereby grants to You a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to (i) access the functionality maintained on Extended Hearts, LLC ProjectBuilder's secure server through hypertext links incorporated into Your web site solely in accordance with the terms of this Agreement, and (ii) solely in connection with such hypertext links, use the logos, trade names, trademarks, promotional text, ProjectBuilder button design and similar identifying material (collectively, the "Licensed Materials") of Extended Hearts, LLC that Extended Hearts, LLC ProjectBuilder specifically provides to You for such purpose. You are only entitled to use the Licensed Materials to the extent that You are a member in good standing of the ProjectBuilder Program. Notwithstanding anything to the contrary herein, Extended Hearts, LLC ProjectBuilder is and shall remain the sole owner of all content on the Extended Hearts, LLC ProjectBuilder web site and all of the Licensed Materials..
5.3. General Conditions. You agree not to use the Licensed Materials in any manner that is disparaging or that otherwise portrays Extended Hearts, LLC ProjectBuilder in a negative light. Extended Hearts, LLC reserves all of its respective rights in the Licensed Materials covered by the licenses granted in this Section 5. Extended Hearts, LLC may revoke the license at any time by giving You written notice. Other than the licenses granted in this Agreement, Extended Hearts, LLC retains all right, title, and interest in and to its Licensed Materials and all of its other proprietary materials, including any copyrights, trademarks, patents, trade secrets and all other intellectual rights and any goodwill embodied therein, and no right, title, or interest is transferred to You. You agree that Extended Hearts, LLC is the sole owner and/or valid licensee of all of the trademarks, copyright and all other intellectual property contained or embodied in the Extended Hearts, LLC web sites and that You shall not have any ownership or any other rights with respect to all or any portion of the Extended Hearts, LLC web site.
5.4. Grants; Fees. Extended Hearts, LLC ProjectBuilder shall grant to You the aggregate amount of the donations made to You through the ProjectBuilder Program and actually collected by Extended Hearts, LLC ProjectBuilder, less any amounts retained by Extended Hearts, LLC ProjectBuilder for credit card processing costs. You shall pay to Extended Hearts, LLC ProjectBuilder a set up fee and monthly service fees. The amount of the set up fees, monthly service fees and credit card costs shall be as set forth on Extended Hearts, LLC ProjectBuilder's then-current pricing schedule (less discounts, if applicable) which is subject to change, from time to time, in Extended Hearts, LLC ProjectBuilder's sole discretion. You acknowledge that You have reviewed and agree to the current pricing schedule. Each grant shall be made to You within thirty (30) days after the end of each month and shall be accompanied by a statement showing the donations collected and the amount retained by Extended Hearts, LLC ProjectBuilder. Extended Hearts, LLC shall bill Your credit card, on a monthly basis, for any set up or monthly service fees incurred during the previous month.
6. Ownership of the Services. As among Extended Hearts, LLC ProjectBuilder, You and Your Access Holders, Extended Hearts, LLC ProjectBuilder shall be the sole and exclusive owner of the Services, all materials in respect of the Services supplied to You and Your Access Holders, all new versions, improvements, enhancements, additions and modifications to the Services or such materials, all copyright, patent, trade secret, and other intellectual property rights related to the Services and such materials, and all tangible media on which the Services and such materials are maintained. You and Your Access Holders shall have no claim or right whatsoever in respect of the Services except for the limited license to use the Services granted herein and the return of Your data on the Services as provided herein. You and Your Access Holders may not use, copy, modify, transfer, or make any derivative works of all or any part of the Services, any materials in respect of the Services, or any copy, adaptation, transcription, or merged portion thereof, except as expressly permitted hereunder. If You or any Access Holder undertakes any such prohibited action, Your license shall be automatically terminated.
7. No Warranties. EXTENDED HEARTS, LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY AS TO NON-INFRINGEMENT, THE PERFORMANCE RESULTS OF THE SERVICES, THE OPERATION, CAPACITY, SPEED, FUNCTIONALITY, QUALIFICATIONS, OR CAPABILITIES OF THE SERVICES, OR THE RESULTS OR EFFICACY OF ANY SERVICES OR ADVICE AS TO ANY MATTER WHATSOEVER. EXTENDED HEARTS, LLC MAKES NO WARRANTIES REGARDING THE EFFECTIVENESS OF THE SERVICES IN FUNDRAISING ACTIVITIES OR COMMUNICATIONS AND MAKES NO REPRESENTATION THAT YOU WILL RECEIVE ANY GRANTS OR DONATIONS AS A RESULT OF YOUR USE OF THE SERVICES. You are responsible for determining whether the Services will achieve Your desired results. Extended Hearts, LLC does not warrant that the Services will be accessible at all times and, further, You understand that the Services may be unavailable during maintenance or at such other times as Extended Hearts, LLC deems necessary. Extended Hearts, LLC's liability to You under this Agreement shall be limited to the aggregate of all amounts paid by You to Extended Hearts, LLC ProjectBuilder under Sections 4.4 and/or 5.4 (fees) within three (3) months of the date of the applicable claim. You may not bring any action, regardless of form, in connection with this Agreement more than one year after accrual of such action.
8. Term and Termination. The term of this Agreement begins on the date hereof and continues on a month-to-month basis until terminated. Extended Hearts, LLC shall have the right in Extended Hearts, LLC’s sole discretion to immediately terminate this Agreement at any time, upon written notice to You. You may terminate this Agreement by giving Extended Hearts, LLC at least thirty (30) calendar days prior written notice of such termination and the date on which the termination will be effective.
9. Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the parties pertaining to the matters set forth herein and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
This Agreement shall be executed electronically. If You agree to be bound by the terms of this Agreement, You should review the information set forth above, then click on the "Accept" button located below. By clicking on the "Accept" button, You represent and warrant that You have read, understand, and agree to all of the terms of this Agreement, are authorized to enter into this Agreement, and that this Agreement is legally binding upon You. Extended Hearts, LLC automatically accepts and agrees to be bound by the terms of this Agreement at the time You click on the "Accept" button below. Once this Agreement is completed and accepted, You should print a complete copy for Your records. If You do not wish to agree to be bound by this Agreement, then You must click the "Decline" button and You shall not participate in or use the Extended Hearts, LLC ProjectBuilder services, receive any rights from Extended Hearts, LLC, or access or use any materials of Extended Hearts, LLC.