Updated November 2, 2013
“End User” means the ultimate user of the Service about which End User Data is collected.
“End User Data” means data transmitted to Ruby Tree by the End User to the Servers.
“Personal Information” means information that refers or is related to, or otherwise associated with an identified or identifiable individual, including, without limitation, an individual’s first name or first initial and his or her last name in combination with one or more of the following: (i) Social Security Number; (ii) driver’s license number; or (iii) account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual’s financial account.
“Reports” means analysis generated from End User Data by Ruby Tree as a result of your use of the Service.
“Ruby Tree Site(s)” means the website(s) operated by or on behalf of Ruby Tree that are made accessible to you by Ruby Tree in connection with the Service.
“Servers” means the servers controlled by Ruby Tree, its subsidiaries, and/or its affiliates upon which End User Data is processed and maintained.
“Service” means Ruby Tree’s online giving and event registration solution called AdvancementForm located at http://www.advancementform.com, including, without limitation, any online user interface, API, or other related software or documentation.
“Site Content” means information, texts, data, graphics, photographs and any other materials or content provided by Ruby Tree, its subsidiaries and/or its affiliates. “Site Content” expressly excludes all End User Data.
4. LINKS TO OTHER WEBSITESThe Service may include hyperlinks to other World Wide Web sites which are not included as part of the Service (“Other Sites”). If the User uses the hyperlinks to access these Other Sites, the User will leave the Service and the User’s browser will be re-directed to the Other Sites. Ruby Tree may not have reviewed the content of any Other Site, and, regardless of whether it has reviewed the content of any Other Site, does not warrant or make any representation regarding any Other Site’s accuracy or authenticity. The hyperlinks to Other Sites do not constitute an endorsement by Ruby Tree of any Other Site or resources, or its content. Ruby Tree is only providing these links to the User as a convenience.
6. REPRESENTATIONS AND WARRANTIES6.1 Representations and Warranties In General. The User represents, warrants and covenants that the User shall use the Service solely for the purposes intended and shall not use the Service in any manner which: (i) restricts or inhibits the proper working of the Service or any activities conducted on the Service; (ii) restricts or inhibits any other user from using and enjoying the Service; (iii) is unlawful or violates or infringes the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (iv) contains a virus or other harmful or potentially harmful component; and/or (v) contains any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation.
7. SOFTWARE7.1 Software. Any software that Ruby Tree makes available for download related to the Service and/or Ruby Tree’s servers (the “Software”) is the copyrighted work of Ruby Tree, its subsidiaries, and/or its affiliates and all rights are reserved. The User’s use of the Software is governed by the terms of the end user license agreement which accompanies or is included with the Software (the “License Agreement”). An end user may not install any Software, which is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
7.2 U.S. Government. Any Software which is downloaded for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights Act, 48 CFR 52.227-19, or any successors thereto, as applicable.
8. SITE CONTENT8.1 In General. The Site Content is provided for the User’s convenience and enjoyment. Third parties may provide some of the Site Content. The User should be aware that the Site Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Site Content may be subject to terms and conditions which may be found on the Ruby Tree Sites or in the documents and policies of third parties. Ruby Tree makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Site Content and will not be liable for any lack of the foregoing.
9. DISCLAIMER OF WARRANTIESTHE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICE, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, RUBY TREE AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE CONTENT ON AND PROVIDED THROUGH THE SERVICE; (B) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE; (C) THE MATERIALS, MESSAGES AND INFORMATION SENT FROM THE SERVICE BY USERS; (D) ANY PRODUCTS OR SERVICES OFFERED BY OTHER USERS, THIRD PARTIES OR HYPERTEXT LINKS TO OTHER USERS OR THIRD PARTIES; AND/OR (E) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE OR ANY LINKED SITE. RUBY TREE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RUBY TREE DOES NOT WARRANT THAT ANY USER’S ACTIVITIES OR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIM SUCH WARRANTIES. RUBY TREE DOES NOT WARRANT THAT THE SERVICE WILL MEET ANY OF THE USER’S EXPECTATIONS. THE USER UNDERSTANDS THAT BY USING ANY OF THE FEATURES OF THE SERVICE, THE USER ACTS AT THE USER’S OWN RISK, AND THE USER REPRESENTS AND WARRANTS THAT THE USER’S ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE THE USER ACCESSES OR USES THE SERVICE. FURTHER, RUBY TREE AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE AND NONINFRINGEMENT. RUBY TREE AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
10. LIMITATION OF LIABILITY10.1 LIMITATION IN GENERAL. UNDER NO CIRCUMSTANCES SHALL RUBY TREE, ITS OWNER(S), DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, AND/OR CONSULTANTS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICE, OR FOR THE LOSS OF INFORMATION, DATA OR CONTENT, OR FOR DAMAGES CAUSED BY FAILURE OF THE INTERNET, COMPUTERS, STORAGE OR TRANSMISSIONS, OR FOR UPLOADING OR OTHERWISE POSTING THE USER’S CONTENT ON THE SERVICE, WHETHER OR NOT REQUESTED TO DO SO, EVEN IF FORESEEABLE OR RUBY TREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. IF A RELEVANT JURISDICTION DOES NOT PERMIT ANY OF THE EXCLUSIONS OF LIABILITY STATED HEREIN, THE EXCLUSIONS SHALL BE AMENDED ACCORDINGLY BUT ONLY TO THE EXTENT NEEDED TO PRESERVE THEIR EFFECT TO THE MAXIMUM EXTENT OF THE LAW IN THAT JURISDICTION. IN NO EVENT SHALL RUBY TREE’S TOTAL LIABILITY TO THE USER FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
10.2 APPLICABILITY OF LIABILITY LIMITATIONS. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Ruby Tree Software, Inc.
8045 Leesburg Pike, 5th Floor
Vienna, VA 22182
Attn: Daniel H. Ruttenberg, Esq.