Terms and Conditions of Use

We have taken every effort to design our websites to be useful, informative, helpful, honest and fun.  Hopefully we’ve accomplished that — and would ask that you let us know if you’d like to see improvements or changes that would make it even easier for you to find the information you need and want.

All we ask is that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over because by using our sites you automatically agree to them. Naturally, if you don’t agree, please do not use the sites. We reserve the right to make any modifications that we deem necessary at any time.  

Restrictions of Use of Online Materials

 All materials contained in the Getting to Giving websites (“Online Material”) are the copyrighted property of Timberline LLC or Howard H. Stevenson.   All trademarks, service marks, and trade names are proprietary to Timberline LLC.  No Online Material from our websites may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except for the materials provided for you, listed as our “Resources.” We provide links to other resources and request that you abide by their policies.   In using any items provided by us, we ask that you 1) retain all copyright, trademark and propriety notices, 2) you make no modifications to the materials, and 3) you do not use the materials in a manner that suggests an association with any of our products, services, or brands.  You may not, copy, reproduce, republish, upload, post, transmit or distribute any of our Online Material in any way or for any other purpose unless you get our written permission first.  Neither may you add, delete, distort or misrepresent any content on the Gettingtogiving-fundraising websites.  Any attempts to modify any Online Material, or to defeat or circumvent our security features is prohibited.

Submitting Your Online Material to Us

All remarks, suggestions, ideas, graphics, comments, or other information that you send to us through the Getting to Giving website (other than information we promise to protect under our Privacy Policy), becomes and remains our property, even if this agreement is later terminated. That means that we don’t have to treat any submission as confidential, unless you have indicated that desire using our “check the box” site feature.  You can’t sue us for using ideas you submit.  If we use them, or anything like them, we don’t have to pay you or anyone else for them.  We will have the exclusive ownership of all present and future rights to submissions of any kind.  We can use them for any purpose we deem appropriate to our mission without compensating you or anyone else for them.  You acknowledge that you are responsible for any submission you make.  This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Limitation of Liability

Timberline LLC will not be liable for any damages or injury that accompany or result from your use of any of our websites. These include, but are not limited to, damages or injury cause by any:

  • Use of (or inability to use) the website
  • Use of (or inability to use) any website to which you hyperlink from our website
  • Failure of our website to perform in the manner you expected or desired
  • Error on our website
  • Omission on our website
  • Interruption of availability of our website
  • Defect on our website
  • Delay in operation or transmission of our website
  • Computer virus or line failure

Please note that we are not liable for any damages including: damages intended to compensate someone directly for a loss or injury; damages reasonably expected to result from a loss or injury (known in legal terms as “consequential damages”); and other miscellaneous damages and expenses resulting directly from a loss or injury (known in legal terms as “incidental damages”).

 Exception:   Certain state laws may not allow us to limit or exclude liability for these “incidental” or “consequential” damages.  If you live in one of those states, the above limitation obviously would not apply, which would mean that you might have right to recover these types of damages.  However, in any event, our liability to you for all losses, damages, injuries, and claims of any and every kind (whether the damages are claimed under the terms of a contract, or claimed to be caused by the negligence or other wrongful conduct, or they’re claimed under any other legal theory) will not be greater than the amount you paid to access our websites i.e. $0.00.

Links to Other Websites

We sometimes provide referrals to and links to other World Wide Web sites from our websites.  Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our sites.   Timberline LLC is not responsible for the content or practices of third party sites that may be linked to our site.  When we provide links or references to other websites, no inference or assumption should be made and no representation should be inferred that Timberline LLC is connected with, operates or controls these websites.  Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of Timberline LLC or GettingtoGiving-fundraising or endorsement, sponsorship or support of the mission of Timberline LLC, including its respective employees, agents or managers.

Monitoring Online Postings

Timberline LLC shall have the right to monitor and review the content of any discussions, chats, forums, postings, transmissions and bulletin boards, although we are not under legal obligation to do so.  We expect visitors to our sites, and anyone using our communication tools, to adhere to a sense of decency and decorum that we deem appropriate.  We are the sole authority on questions of appropriateness.  

Timberline LLC assumes no responsibility or liability arising from the content of an online posting. However, we do specifically prohibit you or any visitor from posting or transmitting any unlawful, threatening, libelous, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage what could be considered a criminal offense, give rise to civil liability or otherwise violate any law.  We will fully cooperate with authorities or court orders requesting details of criminal postings.  Timberline LLC will have the right in its sole discretion to edit, refuse to post, or remove any material that it determines to be in violation of these provisions or otherwise objectionable. 

Termination of This Agreement

This agreement is effective until terminated by either party.  You may terminate this agreement at any time, by destroying all materials obtained from the Getting to Giving website, along with all related documentation and all copies.  Timberline LLC may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement.  Upon termination, you must destroy all materials.  In addition, by providing material on our websites, we do not in any way promise that the materials will remain available to you.  Timberline LLC is entitled to terminate all or any part of any of the website without notice to you.

 Jurisdiction and Other Points to Consider

The company of Timberline LLC was organized under the laws of the State of Massachusetts, in the United States of America.  If you use the Getting to Giving website from locations outside of the United States, you are responsible for compliance with any applicable local laws.  These Terms of Use, and the agreement they create, shall be governed by and interpreted according to the laws of the State of Massachusetts (without applying the state’s conflict-of-law principles. If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions.  Timberline LLC may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.

 

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