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TERMS OF USE 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS APPLICATION, INCLUDING BUT NOT LIMITED TO, A MOBILE APPLICATION, KIOSK AND VIRTUAL DONATION CAMPAIGNS (“APP”).  By using or accessing this app, you the User (“User” or “you”) signify your acknowledgment and assent to the terms and conditions of use set forth below.  If you do not agree to these terms of use, please do not use this app. BAPS Endowment, Inc. can revise these terms of use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms.  Please check these terms of use periodically for changes. 

This app is owned and operated by BAPS Endowment, Inc. (“Company,” "we," or "us"). Questions concerning this app or its operation should be directed to the contact points set forth at the end of these terms of use. 

In connection with viewing and using this app you are permitted to print out or temporarily download onto a single computer one copy of the materials posted on this app for your personal, reference and/or informational purposes only.  This license does not include any resale or commercial use of this site or its contents; any collection and use of app information; any derivative use of this site or its contents; any downloading or copying of information for the benefit of another organization; or any use of data mining, screen scraping, or similar data gathering and extraction tools.  All rights not expressly granted herein are reserved.  Downloading of any information, content or images from this app does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with these terms of use.  You may not mirror or archive any part of this site, or any material contained on this site on any server or computer without Company's written permission. 

CONTENTS AND HYPERLINKS 

This app contains hyperlinks to third party apps which are the sole responsibility of such independent third parties and use thereof is solely at your own risk.  Company has no control over the content or policies of such third-party apps, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any apps hyperlinked to this app. Those who choose to access information from this app (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law. 

USER CONTENT 

Company is pleased to hear from individuals, however, please do not send us any original creative materials such as designs, product ideas or suggestions.  Anything you disclose or offer to us by or through this app ("Disclosures"), including e-mails to Company or postings on interactive portions of this app, shall be PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. Company is free to use, for any purpose whatsoever, any Disclosure, including but not limited to commercial and derivatives uses.  You hereby RELEASE Company from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Disclosure. By uploading, posting, or otherwise providing any Disclosure to this app or Company, you hereby grant Company, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Disclosure for any purpose and in any media without compensation, and you warrant that all "moral rights" in uploaded materials have been waived. 

INTERACTIVE AREAS AND CODE OF ACCEPTABLE CONDUCT 

Company does not ordinarily, but reserves the right to in its sole discretion, filter, censor, edit or regulate information and content provided by third parties on this app, including any such information provided in comment areas or other interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content.  

When participating in interactive portions of this app, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct: 

1.       You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal, or otherwise improper content. 

2.       You will not upload viruses or harmful components. 

3.       You will not use the app to further any illegal purpose or to violate the rights of any party. 

4.       You will not upload or use unauthorized funds, bank or credit card information or commit or assist in committing fraud on the Company or any third party. 

Company will assist law-enforcement officials investigating illegal activity or violations of these terms of use. 

If you do post content or submit material to this app, such items shall be considered Disclosures and usable in accordance with the terms above. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these terms of use policy and will not cause injury to any person or entity.  You hereby agree to indemnify us for all claims resulting from content you supply.  

USER AUTHORIZATION TO BAPS 

You hereby authorize BAPS and its third-party service providers to collect, store and retrieve certain banking/credit card information for the limited purpose of executing Bank Account transfers/credit card payments for each donation that you make using BAPS’s online donation system. You will be required to specifically authorize each online donation you make. Each authorization will direct BAPS to originate a Bank Account transfer/credit card payment for that donation from the bank account/credit card you designate. You agree to your credit card or bank information being saved in the processor environment (“saved payment method”).  You agree to use this saved payment method for future use.  You agree to use this saved payment method for a one-time transaction as well as for recurring donation transactions.  You agree not to dispute a donation transaction processed using a saved payment method. YOU FURTHER AGREE THAT YOU WILL NOT AUTHORIZE ANY TRANSACTIONS THAT ARE PROHIBITED BY LAW. 

NO REPRESENTATIONS OR WARRANTIES 

Company makes no representations or warranties that this app is free of defects, viruses, or other harmful components.  We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this app or Company's computer systems.  The pages on this app may contain technical inaccuracies, outdated information, and typographical errors.  YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS APP AND TO THE FULLEST EXTENT PERMITTED BY LAW YOU AGREE TO HOLD COMPANY HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS APP, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS APP. THE FOREGOING INDEMNIFICATION PROVISION DOES NOT APPLY TO THE EXTENT OF COMPANY’S OWN NEGLIGENCE, RECKLESSNESS OR INTENTIONAL CONDUCT. 

EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY US, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS APP AND ALL INFORMATION, CONTENT OR SERVICES MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS."  COMPANY DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT OR SERVICES THAT ARE MADE AVAILABLE OR OBTAINED BY WAY OF THIS APP.  WE DO NOT WARRANT THAT THIS APP WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. SOME JURISIDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 

LIMITATIONS OF LIABILITY 

TO THE FULLEST EXTENT PERMITTED BY LAW COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING FROM THE USE OF, OR INABILITY TO USE, THIS APP OR FROM ANY INFORMATION, CONTENT OR SERVICES MADE AVAILABLE THROUGH THIS APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS APP OR, IF APPLICABLE, IN PERFORMING TRANSACTIONS OR SERVICES THROUGH THIS APP. SOME JURISIDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 

JURISDICTION AND CHOICE OF LAW 

Company controls and manages this app from its facilities in the state of New Jersey. Information published on this app may contain references to products, programs and services that are not announced or available in your country or region.  We make no representation that such information, products, programs, or services referenced on this app are legal, available or appropriate in your country or region. 

These terms of use shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law.  You and Company irrevocably consent to the exclusive jurisdiction of the courts located in New Jersey in connection with any action arising out of or related to these terms of use, this app, or any content thereof.  You and Company waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non convenience in any such action. 

TRADEMARKS AND COPYRIGHTS 

Nothing on this app shall be construed as conferring or implying any license under any intellectual property right, including any right in the nature of trademark or copyright of Company or any third party, whether by estoppel, implication, or otherwise.  All brands and names are the property of their respective owners. 

SEVERABILITY 

If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions. 

PRIVACY 

Please see our Privacy Policy for information regarding the collection and use of personal information from this app. 

Despite any representations concerning privacy, Company reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation.  Specific areas or pages of this app may include additional or different terms relating to the use of personal information collected from such areas or pages. 

ARBITRATION 

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. To the fullest extent permitted by law, these terms of use, and any claim, dispute, action, cause of action, issue, or request for relief relating to these terms of use, this app, or the products, services or content available through this app (a “Claim”), will be governed by the laws of New Jersey, U.S.A., without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. To the fullest extent permitted by law, any Claim will be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), rather than in court (except that you may assert claims in small claims court if your claims qualify, and you or we may seek injunctive or equitable relief in court to stop infringement or other misuse of intellectual property rights). The Federal Arbitration Act and federal arbitration law apply to the enforcement of this agreement to arbitrate. TO THE FULLEST EXTENT PERMITTED BY LAW WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. This arbitration provision does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.  If for any reason a Claim proceeds in court (other than small claims court) rather than in arbitration you and Company each waive any right to a jury trial and irrevocably consent to the exclusive jurisdiction of the courts located in the state of New Jersey in connection with any such action. You and Company waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non convenience in any such action. 

GENERAL 

These terms of use represent the entire understanding relating to the use of this app and prevail over any prior or contemporaneous, conflicting, or additional communications. 

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this app is strictly prohibited.  Company reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Company may have. 

Specific areas or pages of this app may include additional or different terms relating to the use of this app or the rights or obligations of you or Company.  In the event of a conflict between such terms and these terms of use, such specific terms shall control. 

Unless otherwise indicated, all material on this site © 2021 

All rights reserved. 

CONTACT INFORMATION:  

BAPS ENDOWMENT INC 

PO Box 519 

Windsor, NJ 08561-0519 

Attention:  Corporate Affairs 

Phone: 732-777-1414 

Fax: 732-777-1616 

Email: corporateaffairs@na.baps.org