82North - Online Payments, Donations, Event Registration, Surveys


Terms of Use
Conditions of Use for 82North.com

Welcome to 82North.com. 82North.com and its affiliates provide their services to you subject to the following conditions. If you visit or register at 82North.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future 82North.com service or visit or purchase from any business affiliated with 82North.com, whether or not included in the 82North.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business.

PRIVACY

Please review our Privacy Notice, which also governs your visit to 82North.com, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit 82North.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of 82North.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of 82North.com and protected by U.S. and international copyright laws. All software used on this site is the property of 82North.com or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

82North.com and other marks indicated on our site are registered trademarks of 82North,LLC. or its clients, in the United States and other countries. 82North,LLC's trademarks and trade dress may not be used in connection with any product or service that is not 82North, LLC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits 82North, LLC or its clients. All other trademarks not owned by 82North, LLC or its clients that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by 82North, LLC or its clients.

LICENSE AND SITE ACCESS

82North, LLC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of 82North, LLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any event listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another organization; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from 82North, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of 82North.com and our clients without express written consent. You may not use any meta tags or any other "hidden text" utilizing 82North.com's name or trademarks without the express written consent of 82North.com. Any unauthorized use terminates the permission or license granted by 82North.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of 82North.com so long as the link does not portray 82North.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any 82North.com logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your administrative account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your administrative account or password. 82North.com does handle event registration for children, but it offers it to adults, who can purchase with a credit card. If you are under 18, you may use 82North.com only with involvement of a parent or guardian. 82North.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel registrations in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. 82North.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant 82North.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant 82North.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify 82North.com or its affiliates for all claims resulting from content you supply. 82North.com has the right but not the obligation to monitor and edit or remove any activity or content. 82North.com takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

82North.com and its clients respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

RISK OF LOSS

All events registered through 82North.com are made pursuant to a registration contract between you and the organization. This means that the risk of loss and title for such items pass to you upon registration. See the 82North Refund Policy for details.

EVENT DESCRIPTIONS

82North.com and its clients attempt to be as accurate as possible. However, 82North.com does not warrant that event descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If an event offered on 82North.com is not as described, your sole remedy is to contact the organization.

PRICING

Except where noted otherwise, the price listed for an event is the price quoted to us from the organization. Despite our best efforts, a small number of the events may be mispriced. If we discover a mispricing, we will do one of the following:

If an event's correct price was supplied to us by the organization, your sole remedy is through that organization.

If an event's correct price was supplied to us but the error was ours, we will, at our discretion, either contact you for instructions before the event or cancel your order and notify you of such cancellation.

PAYMENT POLICY

82North.com collects, as a service, data for registrations, annual giving and membership. Organizations collect the fees through their own merchant account. Those monies, minus discount fees and previously agreed-upon collection fees, will be deposited directly to the organization through your merchant account provider. 82North, LLC is not responsible for the delay in payments resulting from a delay from your processor.

Should a charge be made in your account, and your customer making that charge then makes a "chargeback" through their credit card company, that chargeback amount PLUS any fees associated with that chargeback will be deducted from your account. It is in your best interest to clearly identify that 82North,LLC will appear on all credit card statements along with 800-979-0082 for clarification. Credit card companies will not discuss remedies for chargebacks with 82North, LLC without a proof of receipt of services - something only the organization (you) can provide.

There may be a time that 82North, LLC will correspond with the customer of the organization in response to a credit card inquiry or chargeback. 82North, LLC in no way assumes responsibility for that customer and will alert the organization about the issue.

OTHER BUSINESSES

82North.com provides services on this site to organizations who wish to offer online registration and use of a credit card. We provide links to the sites of our clients and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. 82North.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY 82North.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. 82North.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 82North.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 82North.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM 82North.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 82North.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting 82North.com, you agree that the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and 82North.com or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to 82North.com or to events you registered for through 82North.com shall be submitted to confidential arbitration in Wilmington, Delaware, except that, to the extent you have in any manner violated or threatened to violate 82North.com's intellectual property rights, 82North.com may seek injunctive or other appropriate relief in any state or federal court in the state of Delaware, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to 82North.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

82North, LLC
5714 Kennett Pike, Suite F, Wilmington, Delaware 19807

http://www.82North.com

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide 82North.com's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying 82North.com and its affiliates that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

The following provides the additional information to make these Conditions of Use into a contract. Simply print this page out and sign below. Also provided is user-speak of the details from above...

The contract bottom line:

82North will not "farm" information from your data.

82North needs full access to your copyrighted material ONLY so that it can display that material on its server: your event/donation page is hosted on the signup82north.com server, thus 82North needs full legal permission to use that information. 82North does not want any right to use your information for its own benefit without your consent.

Merchant Account is available through Metro Merchant Services; if you prefer another merchant account provider, 82North request you use Authorize.Net as the online gateway. Elizabeth S. E. Moran will serve as agent for Metro Merchant Services if you wish to create a merchant account through them. If you currently use Sage Processing for your database, 82North can use the Sage Payment Gateway.

82North meets or exceeds all PCI compliance requirements over which it has control. Your Administrative Interface access should be kept confidential.

Outline of costs and services:

  • $500 unlimited sites flat fee expiring one year from date of completed contract, billed annually for Corporate sites, including but not limited to golf events, Corporate donation site, silent auction checkout, surveys. There are NO setup nor transaction fees through or to 82North.
  • $2500 for Auto Team Create capability for year 1, plus time (@$125/hr) and materials for integration with website (the developer's charge) plus $1 per registrant/donor using the Road Rally team functionality, billed after the event.
  • Discounted rate will apply for additional years and/or additional usage; rate of $1000 for second event and/or second year. Any fundamental functionality changes billed at $125/hr.
Additional functionality incorporated into general software and/or Auto Team Create at $125/hr. with minimum 30 day notice, ie., annual appeal fundraising adjustments (developer needs sufficient lead time to incorporate into his schedule). No changes may be made to the 82North software without the written consent of 82North, LLC.; please provide a written description of changes and enhancements requested for review.

Bulk of site maintenance to be accepted by client with initial setup, training and assistance by 82North. 24/7/265 Administrative Interface access for unlimited number of users for maintenance/update capability with password protection.

Representing 82North, LLC:

_________________________________________ _________________
Thomas Scott Date


Representing your organization:

_________________________________________ _________________
Name Date

Contract between your organization and 82North, LLC., rev. 11/11/2013