Terms & Conditions
Welcome to the TREPathon. These terms and conditions govern your access to and use of this website and various online tools and services that TrepEDU makes available to donors, fundraisers, registrants, participants and all other users of the TREPathon website, collectively called Users of the TREPathon website (the Website).
(a) Your Responsibilities. In accordance with terms and conditions contained herein, by accessing the Website, you agree to:
- be bound by the terms and conditions set forth herein,
- comply with any technical specifications, rules of operation or security procedures set forth by TrepEDU from time to time on the Website. From time to time we may revise or modify these terms and conditions by posting the revised terms and conditions through a link on our Site. While we will endeavor to provide notice to you of any changes to the pricing or other financial terms of these terms and conditions, whether or not we provide notice to you, you will be bound by the revised terms and conditions for all subsequent uses of this Website after such modifications have been made. If you do not agree to any of the terms and conditions set forth herein, you may not use this Website.
(b) TrepEDUs Responsibilities to Users. In accordance with terms and conditions contained herein, if you are a User, TrepEDU will perform, and You authorize TrepEDU to provide as Your agent and on Your behalf, the following services. TrepEDU will
- be paid and process online donations (online Donations) made by individuals or entities (Donors) through the TREPathon Website;
- hold the funds received through online Donations;
- remit funds to the designated participant or by check or electronically to the bank account the online Donations, less a service fee of 7.5% of online donations collected via the TREPathon service. These fees above are inclusive of all credit card processing and banking fees; these fees are subject to change at any time at the discretion of TrepEDU and
- send a thank you email and transaction receipt to Donors. TrepEDU may also automatically generate and send a series of emails to fundraisers and donors to assist them in more effectively using the Website.
(c) TREPathon User Accounts. TREPathon User Accounts. We make this Website available for use by the general public and participant users, subject to these terms and conditions. When you use this Website for any purpose, you will be asked for your name, address, email address, and other information to identify yourself or your organization and you will be given the option to create a TREPathon account. In order to access and use the Website aside from making a donation, you must complete the account creation process. Access to and use of password-protected and secure areas is restricted to users who have created an account or subscription. Any attempt to access restricted areas without authorization is prohibited. When you create an account with TREPathon, you will need to choose a password to access the TREPathon Website. 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 unauthorized use of your password or other security breach, notify TrepEDU immediately.
2. PAYMENTS; TAXES
Donors will pay the online Donations by credit card to TrepEDU as your Agent. The fees deducted by from the online Donations pursuant to Section 1(b)(iv) will be paid to TrepEDU at the time of the transaction. Payment to the designated participant pursuant to Section 1(b)(iv) above will be made at the end of the campaign or by the sole discretion of TrepEDU. These payment schedules are subject to change at any time at the sole discretion of TrepEDU. Participant users will be responsible for taxes based on its net income or gross receipts.
3. DONATIONS TO PARTICIPANTS; OUR FEES
If you are a Fundraiser or Donor, you are solely responsible for ensuring that you have selected the correct organization to fundraise for or donate to. All donations to participants are made as unrestricted gifts and may not be specified for any particular purpose. The amount of donations to the participant designated by you are charged on your credit card and paid to, and processed by, TrepEDU or its affiliates on such participant's behalf. Any payments of donations are final and non-refundable. The donations will be held until such time as TrepEDU forwards the donations to the participant or payee of funds. TrepEDU forwards donations to the participant at intervals as determined by TrepEDU. Your donations to the participant designated by you will be net of fees as designated in Section 1(b)(iv). This fee structure is subject to change from time to time at the sole discretion of TrepEDU. Users agree not to use an invalid or unauthorized credit card in making transactions on the TREPathon site. Once a donation is made, the transaction is final and not subject to dispute unless unauthorized use of the Users 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.
4. INFORMATION ON WEBSITE
Any information; ideas or opinions posted by Users of the TREPathon Website 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;
- Operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise; or
- Post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse);
5. PARTNER SERVICES
Our website may provide links to third-party websites or services and may link you automatically to sponsors' or third party's websites or services. We provide such links solely for the convenience of our users. We do not review or endorse, and are not responsible for, any content, advertising, products, services or other materials on or available from such websites or services. You assume full responsibility for your use of third-party websites or services.
6. PROPRIETARY RIGHTS
(a) Trademarked Material. You own all your Marks provided by you in connection with your use of this Website (collectively, “Your Materials”). You hereby grant to TrepEDU a nonexclusive, royalty-free transferable, fully paid-up world-wide license to use, copy, display, transmit, publish and distribute Your Materials for the sole purpose of providing the services described in these terms and conditions. Without limiting the generality of the foregoing, You authorize TrepEDU to include Your name and logo in a press release, case studies or other announcements or marketing uses and on the TREPathon Site. TrepEDU obtains no other right, title or interest in Your Materials except as set forth herein.
(b) TrepEDU Material. TrepEDU and its licensors shall retain all Intellectual Property Rights in the software, tools, designs, documentation, data and any other material developed or provided by TrepEDU pursuant to these terms and conditions, including but not limited to the Websites and any data, text, pictures, sound, graphics, logos, marks, symbols, video, visual, oral or other digital material and any other content of any description, provided by TrepEDU pursuant hereto.
The names TrepEDU, TREPaton, TrepEDU.com, trepathon.com, the TREPathon and TrepEDU logos and any other product and service names that we may present on the Site from time to time may not be used in connection with any product or service that is not TrepEDUs, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit TrepEDU. Other trademarks, service marks or logos that appear on the Site or anywhere in the TREPathon service is rendered, in particular (but not exclusively) those of participants registered with the TREPathon 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 TrepEDU and the trademark owner.
All content on this Site is owned by TrepEDU, the participants registered with the TREPathon, 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 Websites' content is permitted without the express prior permission of TrepEDU, and, where applicable, the copyright holder. Inquiries and permission requests may be sent to firstname.lastname@example.org
9. REPRESENTATIONS AND WARRANTIES; DISCLAIMERS
Use of this Website is at your sole risk. TrepEDU provides the tools, the Site, and the services on an “As Is”, “As Available” basis. Each party represents and warrants that it shall perform its obligations in a manner that complies with the applicable federal, state and local laws, regulations, ordinances and codes (including identifying and procuring required registrations, certificates and approvals and posting of any necessary bonds). Without limiting the generality of the foregoing, you further warrant that you own or otherwise have sufficient rights to grant the licenses granted hereunder to Your Materials, have collected Your Materials in compliance with all applicable laws, rules, and regulations (including any infringement or misappropriation of U.S. patent, copyright, trademark or trade secret); and that the use and provision of Your Materials as contemplated herein will not infringe upon any intellectual property, privacy or other rights of any third party. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE 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. To the extent permitted by law, TrepEDU expressly disclaims any and all such other warranties. TrepEDU makes no representation as to whether all or any portion of the online Donations are tax deductible. TrepEDU will have no liability for any claim by any federal or state tax authority with respect to the characterization by You or any User on each of the applicable federal and state tax returns.
(a) Indemnity by TrepEDU. TrepEDU agrees to indemnify, defend and hold harmless You and (if applicable) Your officers, directors, employees, agents, successors and assigns, from any and all Losses arising from any third party claim, action or proceeding alleging that the services hereunder or the TrepEDU Materials (i) violate or infringe the Intellectual Property Rights of such third party or (ii) violates any applicable law, rule or regulation.
(b) Your Indemnity. You agree to indemnify, defend and hold harmless TrepEDU and its officers, directors, employees, agents, successors and assigns, from any and all Losses arising from any third party claim, action or proceeding alleging (A) that Your Materials or the use thereof by TrepEDU or Donors, (i) violates or infringes the Intellectual Property Rights of any third party, (ii) violates any applicable law, rule or regulation, or (iii) constitutes, or contains material that constitutes, libel, defamation or an invasion of privacy or (B) fraud or misrepresentation by You in connection with Your status as a participant.
(c) Procedures. A party seeking indemnification hereunder (the “indemnitee”) shall promptly notify the other party (the “indemnitor”) upon receipt of notice of the commencement or threatened commencement of any action or proceeding that may be subject to indemnification hereunder. The indemnitor shall have sole control over the defense and settlement of such claim; provided that the indemnitee (a) shall be entitled to participate in the defense of such claim and to employ counsel at its own expense to assist in the handling of such claim and (b) shall reasonably cooperate with indemnitor in the defense or settlement of such claim.
(d) Remedies. This Section 11 states each party's entire obligation to the other party and such other party's sole remedy with respect to any claim of infringement.
11. LIMITATIONS ON LIABILITY
TrepEDU's liability to You for any recoverable losses or damages arising under or in connection with these terms and conditions and your use of this Website shall be limited, to extent applicable, to (i) the actual direct damages incurred by You, in an amount not to exceed the total revenue received by TrepEDU resulting from your use of the Website provided hereunder during the most recently preceding 6-month period, or (ii) your discontinuance of any further use of such items or the Website. TrepEDU shall not be liable for: (i) damages caused by Your failure to perform Your responsibilities; (ii) claims or demands of third parties (other than those third party claims covered by Section 10); or (iii) any lost or corrupted data, any lost profits, loss of business, loss of use, lost savings or other consequential, special, incidental, indirect, exemplary or punitive damages, even if TrepEDU has been advised of the possibility of such damages. The foregoing limitations shall not apply to: (i) the payment of settlements, costs, damages and legal fees referred to in Section 11; or (ii) your obligation to pay amounts owed as compensation for the services hereunder. Notwithstanding the foregoing, to the maximum extent permitted by law, TrepEDU disclaims liability for any loss or damages, whether direct, indirect, special, incidental, or consequential (even if TrepEDU has been advised of the possibility of such damages) arising out of (i) your use of the TrepEDU or TREPathon Site and Websites or your inability to do so, (ii) your reliance on any content provided on the Website or through the services provided thereunder, and/or (iii) goods and services in any way associated with this Website and the services thereunder. The limitations of liability set forth in this Section 11 will survive and apply notwithstanding the failure of any limited or exclusive remedy for breach of warranty set forth in these terms and conditions.
12. FORCE MAJEURE
Neither party shall be liable for any default or delay in the performance of its obligations hereunder if and to the extent such default or delay is caused by: fire, flood, earthquake, elements of nature or acts of God; riots, civil disorders, rebellions or revolutions in any country; or any other similar cause beyond the reasonable control of such party. In such event the nonperforming party shall be excused from further performance or observance of the obligation(s) so affected for as long as such circumstances prevail and such party continues to use its best efforts to recommence performance or observance without delay.
13. TERM & TERMINATION
Your agreement to abide by these terms and conditions will commence automatically upon your initial use of this Website and continue until the earlier of (i) termination of your rights to use the Website by TrepEDU or (ii) your ceasing to use the Website. Sections 2, 4, 6, 7, 10, 11, 12, 14 and 17 shall survive any termination or expiration of these terms and conditions.
14. USER CONDUCT
You must at all times use this Website 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, promote or forward surveys, contests, raffles, lotteries, 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 TrepEDU tools and services.
These terms and conditions will be governed by and construed in accordance with the laws of the State of Oklahoma, without reference to its conflicts of laws rules. Any provision of these terms and conditions that is held to be invalid or unenforceable 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. Except to the limited extent set forth in Section 1(b) above, neither these terms and conditions, nor any terms contained herein, shall be construed as creating or constituting a partnership, joint venture or agency relationship between the parties. You may not assign, sublicense or otherwise transfer any right or obligation set forth herein without TrepEDU'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. No failure of TrepEDU to exercise or enforce any of its rights hereunder will act as a waiver of such rights. 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.