Orange County NC Website
Browse       Search
<br />Submittable Customer Terms of Service <br />v1.4 <br /> Page 28 of 28 <br />connection with a Give transaction, the value of Your donation will be reduced by the value of the goods or <br />services You received; please email info@ableimpactfoundation.org to request an adjusted receipt which <br />reflects the value of Your contribution. Customer is responsible for all taxes, if any, associated with Give <br />transactions, including donations and contributions. Customer is responsible for determining the tax <br />deductibility of Its donations made through the Services. <br />9. Disclaimer. Customer acknowledges and agrees that: <br />1. As between Submittable and Customer, Customer is responsible for transferring all funds for Donor <br />donations to the DAF, based on the donations made by Donors through Give & Pay. Submittable shall <br />not be liable for any delays, errors, or failures in donation processing based on the actions or omissions <br />of any third party, including Customer or Customer’s payroll processor. Submittable assumes no <br />responsibility or liability for the timeliness, accuracy, deletion, or mis-delivery of, or the failure to store, <br />any Give content, user information, settings, or communications tools. Customer bears all such risks. <br />2. (i) Submittable is not a bank or other financial services provider and is not engaged in the business of <br />receiving funds for transmission; (ii) apart from submitting Donor donation information to Customer, <br />Submittable is not responsible for processing donation payments; and (iii) under no circumstances will <br />Submittable take custody of, have control over, or maintain in its own accounts any Customer or Donor <br />funds intended for payment to the DAF or any other party. <br />10. Limitation of Liability. <br />In addition to the limitations set forth in TOS Section 13, to the greatest extent allowed by law, Customer <br />agrees that Submittable is not responsible in any way for the acts or omissions of third parties, including (i) <br />offers made by third parties through the Give portion of the Services; (ii) any third-party charitable offers that <br />may turn out to be fraudulent, irresponsible, or otherwise advertised in bad faith; and (iii) any issues arising <br />under Customer’s agreements, terms, or employment relationships with Donors. <br />Indemnification. Customer acknowledges and agrees that the provisions of Section 12.2 of the TOS shall apply to <br />this Addendum and Customer’s use of Give as described herein. Without limiting the foregoing, Customer shall <br />indemnify, hold harmless, and, at Submittable’s option, defend Submittable from and against any Losses resulting <br />from any Third-Party Claim based on (i) Customer’s use of Give; (ii) Customer’s breach of this Addendum, including <br />Customer’s failure to facilitate the transfer of donation funds to the DAF; (iii) Customer’s breach of any agreement or <br />terms with Donors; or (iv) Customer’s fraud, negligence, willful misconduct, or violation of any applicable laws. <br />DocuSign Envelope ID: 367666E5-0A49-40C9-BFB5-74D495BAB8F1