THE FOLLOWING DESCRIBES THE TERMS ON WHICH STEWARDSHIP TECHNOLOGY OFFERS YOU ACCESS TO OUR SERVICES.
This User Agreement (“Agreement”) is a contract between you and Stewardship Technology, Inc. and applies to your use of the EGS Network service and any related products and services available through www.egsnetwork.com (collectively the “Service”). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our Services.
For additional information about the Service and how it works, please visit http://www.egsnetwork.com.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site. You may review the current Agreement prior to initiating a transaction at any time at our User Agreement page.
In this Agreement, “you” or “your” means any person or entity using the Service (“Users”). Unless otherwise stated, “EGS Network,” “we” or “our” will refer collectively to Stewardship Technology, Inc.
This Agreement was last modified on September 30, 2005.
1. Eligibility. In order to use the Service, you must register for a Donor, Beneficiary, or Payment account. An individual Donor may hold more then one Donor accounts. Certified 501(c)3 non-profits may hold one Beneficiary and one Payment account. Our Services are only available to individuals or certified 501(c)3 non-profits that can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not available to minors (under 18), persons who are suspended from our Service, or to persons who present an unacceptable level of credit risk.
2. The Legal Relationship between You and Stewardship Technology.
2.1 Agency Relationship. Stewardship Technology acts as a facilitator to help you accept donations and/or payments from and make donation and/or payments to third parties. We act as your agent based upon your direction and your requests to use our Services that require us to perform tasks on your behalf. Stewardship Technology will at all times hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge that (i) Stewardship Technology is not a bank and the Service is a donation and payment processing service rather than a banking service, and (ii) Stewardship Technology is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian.
You agree that you will not receive interest or other earnings on the funds that Stewardship Technology handles as your agent. Stewardship Technology may receive interest on those funds and/or a reduction in fees or expenses charged for banking services by the banks that hold your funds.
By initiating and sending donation or payments through the Service, you appoint Stewardship Technology as your agent to obtain the funds on your behalf and to transfer the funds to the Beneficiary that you designate, subject to the terms and restrictions of this Agreement. Stewardship Technology will obtain funds per your instructions by debiting a bank account that you designate or charging your credit card. When you send a donation or payment, Stewardship Technology will hold the funds for four banking business days in one or more FDIC-insured banks (“Pooled Accounts”) to ensure the funds clear. Those funds may be eligible for FDIC pass-through insurance. You remain the owner of those funds and Stewardship Technology holds those funds as your agent until the funds are transferred to the Beneficiary at the end of the holding period or you initiate a cancellation of the transaction during the holding period. After those funds are transferred to the Beneficiary all request for refund must be made directly to the Beneficiary. The Beneficiary agrees to comply with all reasonable request for refund made in writing or using the functionally available through the service.
By receiving donations or payments through the Service, you appoint Stewardship Technology as your agent to cause the funds to be deposited on your behalf in the Pooled Accounts until the completions of the four banking business day hold period. Upon completion of the hold period you appoint Stewardship Technology as your agent to cause the funds to be deposited into bank account (Settlement Account).
2.2 EGS Network is only a Donation and Payment Service Provider. Stewardship Technology acts as a donation and payment service provider by creating, hosting, maintaining and providing our Service to you via the Internet. We do not have any control over the Beneficiary or your donation or payment. For more information on the Beneficiary contact the Beneficiary directly via the contact information provided by the Beneficiary.
2.3 Identity Authentication. We use many techniques to identify our users when they register on our site. Verification of Users is only an indication of increased likelihood that a User’s identity is correct. You authorize Stewardship Technology, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, Stewardship Technology cannot and does not guarantee any user’s identity.
2.4 Release. In the event that you have a dispute with one or more Donors, Beneficiary or Payment user, you release Stewardship Technology (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code #1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.”
2.5 No Warranty. WE, OUR EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Stewardship Technology shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner and but we make no representations or warranties regarding the amount of time needed to complete processing because our Service is largely dependant upon many factors outside of our control, such as delays in the banking system. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
2.6 Limitation of Liability. IN NO EVENT SHALL WE, OUR EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.
OUR LIABILITY, AND THE LIABILITY EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
2.7 Indemnification. You agree to indemnify and hold Stewardship Technology, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.
2.8 Liability for Violations of the Acceptable Use Policy. If you engage in the following behavior, Stewardship Technology will terminate you account, as explained below.
i. Using the EGS Network service to receive payments for “for-profit” items of any kind.
ii. Using the EGS Network service to receive payments for any sexually oriented or obscene materials or services.
iii. Using the EGS Network service to receive payments for any narcotics, other controlled substances, steroids or prescription drugs.
iv. Using the EGS Network service to receive payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity.
You and Stewardship Technology agree that the damages that Stewardship Technology will sustain as a result of the behavior outlined above will be substantial, including (without limitation) fines and other related expenses from its payment processors and service providers, but may be extremely difficult and impracticable to ascertain. In the event that you engage in such activities, Stewardship Technology may take legal action against you to recover losses.
If you use the EGS Network service in a manner that violates the Acceptable Use Policy, including but not limited to the four categories described above, your account will be subject to limitation or immediate termination.
You further understand that, if you use the EGS Network service in a manner that violates the Acceptable Use Policy, including but not limited to the four categories described above, EGS Network may incur substantial liability and/or suffer significant damages, including (without limitation) fines and other related expenses from its payment processors and service providers. By selling goods or services (including access to content) in contravention of the Acceptable Use Policy or the Restricted Activities section of this User Agreement (currently Section 6.2), you acknowledge liability to EGS Network for any and all damages suffered by EGS Network. Without limiting the foregoing, you agree to reimburse EGS Network for any and all costs, expenses, and fines levied on EGS Network by its payment processors and/or service providers as a result of your activities.
You agree that, if either you or Stewardship Technology commences litigation or arbitration in connection with this paragraph, the prevailing party is entitled to recover reasonable attorneys’ fees and any other costs incurred in such proceeding in addition to any other relief to which the prevailing party may be entitled.
3. Fees. All fees are set forth in the Fee Schedule supplied to the Beneficiary. All fees will be assessed in U.S. dollars.
Non-U.S. Use. To be eligible for an account, you must be a resident of the United States and hold a valid United States bank account or credit card.
4. Receiving Donations or Payments.
4.1 ACH and Credit Card Funded Payments. The only accounts that can receive Automated Clearing House (ACH) and credit card funded donations or payments are Beneficiary accounts. By accepting an ACH or credit card donation or payment, you agree that you are responsible for the payment if it is reversed. If such reversal occurs on an ACH or credit card funded donation or payment made to your account during the four banking business day hold period, we will cancel the transfer of the funds to your settlement account. If such reversal occurs on an ACH or credit card funded donation made after the transfer of the funds to your settlement account we will reverse the transfer and debit your settlement account to pay for the reversal of the transaction. If there are insufficient funds in your settlement account, you agree to reimburse Stewardship Technology through other means.
4.2 Removal of Expired Cards. We will notify you of expired credit cards in your account and provide you the opportunity to update those cards before we remove them as a donation source in your account.
4.3 ACH Reversals and Credit Card Charge Backs. Initiating an ACH Reversal or a Credit Card Charge Back my result in the inactivation of the bank account or credit card in the EGS Network service.
5. Sending Donations or Payments.
5.2 Refused Payments. When you send a donation or a payment to a Beneficiary through our Service, if the funds are not accepted or we are unable to complete the transfer to the Beneficiary within 30 days after the donation or payment was sent, then the funds will be returned to the donor via a credit to the account used to make the original donation or payment. If we are unable to credit the original account a check will be issued and sent to the address on record.
5.3 Electronic Transfers. When you make a donation or payment through EGS Network that is funded by a checking or savings account you are requesting an electronic transfer from your bank account. Upon such request, Stewardship Technology will make electronic transfers via the Automated Clearing House (ACH) system from your U.S. bank account in the amount you specify. You agree that such requests constitute your authorization for such transfers. Stewardship Technology will never make transfers from your bank account without your authorization.
5.4 Tax Receipts. You agree to indemnify and hold Stewardship Technology, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your misuse or errors in tax receipts obtained from the service. Stewardship Technology makes every effort to ensure all Beneficiaries are registered 501(c)3 charities but we make no actual or implied guarantee that your donations will be deductible on your federal tax return. Any questions regarding the federal tax code and the ability to deduct donations on your federal income tax return should be directed to the IRS, your tax advisor or the Beneficiary.
6. Your Information and Restricted Activities
6.1 Definition. “Your Information” is defined as any information you provide to us or other users in the registration, donation or payment process or other features of our Service. You are solely responsible for Your Information, as we act as a passive conduit for your online distribution and publication of Your Information.
6.2 Restricted Activities. Your Information and your activities (including your donation or payments and receipt of donation) through our Service shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) consist of providing yourself a cash advance from your credit card (or helping others to do so), (d) be related in any way to gambling and/or gaming activities, including but not limited to payment or the acceptance of payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity (including online and offline casinos, sports wagering and office pools); (e)violate EGS Network’s Acceptable Use Policy; (f) infringe on any third party’s copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (g) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination, or false advertising); (h) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (i) be obscene or contain child pornography; (j) contain any viruses, Trojan horses, worms, time bombs cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; or (k) create liability for us or cause us to lose (in whole or in part) the services of our ISP’s or other suppliers. If you use, or attempt to use the Service for purposes other than sending and receiving donations or payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
6.4 Trademarks. stewardshiptechnology.com, Stewardship Technology, egsnetwork.com, EGS Network, and all related logos, products and services described in this website are either trademarks or registered trademarks of Stewardship Technology, Inc., or its licensors, and (aside from the circumstances described below) may not be copied, imitated or used, in whole or in part, without the prior written permission of Stewardship Technology. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of EGS Network and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Stewardship Technology.
Notwithstanding the above, HTML logos provided by Stewardship Technology Website Donation features, or API, may be used without prior written consent for the purpose of directing web traffic to the Service. These Logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to Stewardship Technology or the Service. Logos may not be displayed in any manner that implies sponsorship or endorsement by Stewardship Technology. EGS Network is a donation and payment service, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
7. Access and Interference. Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the EGS Network site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is proprietary or is licensed to Stewardship Technology by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content (except for Your Information) from our web site without the prior expressed written permission of Stewardship Technology or the appropriate third party. If you use, or attempt to use the Service for purposes other than sending and receiving donations or payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
9. Termination or Closing Your Account. You may close your account at any time by notifying Stewardship Technology. Upon closure of an account, any pending transactions will be cancelled. Any funds that we are holding in custody for you at the time of closure, less any applicable fees, will be paid to you by check. You will remain liable for all obligations related to your account even after such account is closed. If you do not access your account for a period of two years, it will be terminated. After the date of termination, we will use the information you provided to try to send you any funds that we are holding in custody for you. If that information is not correct, and we are unable to complete the payment to you, your funds will be subject to applicable state laws regarding escheat of unclaimed property.
10. Remedies and Stewardship Technologies Right to Collect From You. Without limiting other remedies, we may update inaccurate or incorrect information you provide to us, contact you by means other than electronically, immediately warn beneficiaries of your actions, limit funding sources and donation and payments, limit access to an account and any or all of the account’s functions, indefinitely suspend or close your account and refuse to provide our Services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your account or activities pose a significant credit or fraud risk to us; (d) we believe that your actions may cause financial loss or legal liability for you, our users or us; or (e) your use of your EGS Network account is deemed by Stewardship Technology, Visa, MasterCard, American Express or Discover to constitute abuse of the credit card system or a violation of credit card rules, including (without limitation), using the EGS Network system to test credit card behaviors. Even if they have been recorded as completed in the Recent Activity or History Transaction Log of your EGS Network account, transactions are not considered completed until the funds have been charged to the customer’s funding source (for payments) or posted to the customer’s bank account. In addition, Stewardship Technology reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious or for accounts conducting high transaction volumes to ensure integrity of the funds. If we close your account, we will provide you notice and pay you all of the unrestricted funds held in your EGS Network account. Additionally, to secure your performance of this Agreement, you grant to Stewardship Technology a lien on and security interest in your account. In addition, you acknowledge that EGS Network may setoff against any accounts you own for any obligation you owe Stewardship Technology at any time and for any reason allowed by law. These obligations include both secured and unsecured debts and debts you owe individually or together with someone else. Stewardship Technology may consider this Agreement as your consent to Stewardship Technologies asserting its security interest or exercising its right of setoff should any law require your consent. The rights described in this section are in addition to and apart from any other rights.
11. Assignability. You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of Stewardship Technology. Stewardship Technology reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.
12. Legal Compliance. You shall comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services.
13.1 Electronic Communications. You agree that this Agreement constitutes “a writing signed by You” under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service (“Communications”), may be provided to you electronically and you agree to receive all Communications from Stewardship Technology in electronic form. Electronic Communications may be posted on the pages within the EGS Network website and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in “writing,” and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. Stewardship Technology reserves the right but assumes no obligation to provide Communications in paper format.
13.2 Credit Report. You agree that Stewardship Technology may order and review your credit report with the sole purpose of assessing your fitness to hold an EGS Network account and/or your ability to use the Service or features thereof.
13.3 Procedure. Except as explicitly stated otherwise, any notices shall be given by postal mail to Stewardship Technology, Inc, 21735 Plank Road, Suite B, Howard OH 43028 or to our online message center or the email address you provide to Stewardship Technology during the registration process (in your case). Notice shall be deemed given 24 hours after posted or email is sent, unless the sending party is aware that the electronic communication was not received. Alternatively, we may give you notice by mail to the address provided to Stewardship Technology during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
14. Legal Disputes. In the event a dispute arises between you and Stewardship Technology, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Stewardship Technology agree that any controversy or claim at law or equity that arises out of this Agreement or Stewardship Technologies services (“Claims”) shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, Stewardship Technology strongly encourages users first to contact Stewardship Technology directly to seek a resolution. Stewardship Technology will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
14.1 Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, you or Stewardship Technology may elect to resolve the dispute through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS, in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
14.2 Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Knox County, Ohio or where the defendant is located (in Stewardship Technologies case, Mount Vernon, Ohio, and in your case, your home address or principal place of business). You and Stewardship Technology agree to submit to the personal jurisdiction of the courts located within the county of Knox, Ohio.
14.3 Alternative Dispute Resolution. Stewardship Technology will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Knox County, Ohio or another location mutually agreed upon by the parties.
14.4 Violations of Section 14. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the party first to assert a Claim, either through a court filing or commencement of arbitration. Should either party file an action contrary to this Section 14, the other party may recover attorneys’ fees and costs up to $1,000.00 USD, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
15. General. This Agreement is governed by and interpreted under the laws of the state of Ohio, U.S. as such laws are applied to agreements entered into and to be performed entirely within Ohio by Ohio residents. Notwithstanding the foregoing sentence, the Federal Arbitration Act (“FAA”), and all of its rules and procedures, shall govern Section 16 hereof, to the extent that the FAA is inconsistent with Ohio law. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Stewardship Technology, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement and the documents it incorporates set forth the entire understanding between us with respect to the subject matter hereof. Sections (3) Fees, (2.4) Release, (8) Access and Interference, (2.6) Limitation of Liability, (2.7) Indemnity, and (16) Legal Disputes shall survive any termination or expiration of this Agreement.
16. Disclosures. The Services are offered by Stewardship Technology Inc., located at P.O. Box, Mount Vernon OH 43050. If you are a Ohio resident, you may have this same information emailed to you by sending a letter to the address above with your email address and a request for this information.
Disputes between you and Stewardship Technology regarding our Services may be reported to Customer Support online at any time, or by calling (866) 604-8880 from 9 AM to 5 PM Eastern Time.