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TechSoup Global Privacy Policy

Last Updated: May 22, 2018

Thank you for being part of the TechSoup community.

This Privacy Policy describes the types of data we collect and how we collect it, as well as how we use, process, and disclose your information, including personal information, in conjunction with your access to and use of the TechSoup Site, products, and services. This Privacy Policy is intended to solely govern the specific website(s) it is posted on, unless otherwise noted. TechSoup may own and/or control organizations or programs that, due to their unique set of activities, may require their own Privacy Policy.

If you see an undefined term in this Privacy Policy (such as "Site" or "Account"), it has the same definition as in our Terms of Use.

When this policy mentions "TechSoup," "we," "us," or "our," refers to TechSoup Global.

1. INFORMATION WE COLLECT

There are two general categories of information we collect.

1.1 Information You Give to Us.

1.1.1 Information that is necessary for the use of the Site (required; provided as necessity).

We require and collect the following personal information about you when you use the Site. This information is necessary for the performance of a contract in which the data subject is a party and to allow us to comply with our legal obligations under the contract and more generally. The following information is required because without it, we may not be able to provide you with all the requested services:

  • Account Information. When you sign up for a TechSoup Account, we require certain information such as your first name, last name, email address, the community nickname and password you choose, as well as a security question and answer.
  • Payment Information. To use certain features of the Site (such as ordering products or Services), we may require you to provide to our third party payment processor, certain financial information (like your bank account or credit card information) in order to facilitate the processing of payments. All financial information will be collected directly by third party payment processors according to their privacy policies.
  • Communications with TechSoup and other users and customers. When you communicate with TechSoup or use the Site to communicate with other users and customers, we collect information about your communication and any information you choose to provide.

If you wish to use the Site, we require the aforementioned information; if you do not want to provide this information, you should not use the Site.

1.1.2 Information you choose to give us (optional; provided with consent).

While not required, you may choose to provide us with additional personal information to obtain a better user experience when using Site. This optional, additional information will be processed based on your consent and includes:

  • Additional Account Information. You may choose to provide additional information as part of your TechSoup Account (such as your personal description, location, and preferred language(s)). This information will be publicly visible to others. If you do not wish to share this information with TechSoup or others, do not provide the information as part of your TechSoup Account.
  • Other Information. You may otherwise choose to provide us information when you fill in a form, conduct a search, update or add information to your TechSoup account, respond to surveys, post to community forums, participate in promotions, or use other features of the Site. In these situations, TechSoup will collect the requisite consent.

1.2 Information We Automatically Collect from Your Use of the Site.

When you use the Site, we automatically collect information, including personal information, about the services you use and how you use them. This information is necessary for the performance of a contract in which the data subject is a party and to allow us to comply with our legal obligations under the contract and more generally. Also, this information is necessary given our legitimate interest in being able to provide and improve the functionalities of the Site.

  • Geo-location Information. When you use certain features of the Site, we may collect information about your precise or approximate location as determined through data such as your IP address or mobile device's GPS to offer you an improved user experience. Most mobile devices allow you to control or disable the use of location services for applications in the device's settings menu. TechSoup may also collect this information even when you are not using the app if this connection is enabled through your settings or device permissions.
  • Usage Information. We collect information about your interactions with the Site such as the pages or content you view, your searches for Products or Services, donation requests you have made, and other actions on the Site.
  • Log Data and Device Information. We automatically collect log data and device information when you access and use the Site, even if you have not created a TechSoup Account or logged in. That information includes, among other things: details about how you've used the Site (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you've viewed or engaged with before or after using the Site.
  • Cookies and Similar Technologies. We use cookies and other similar technologies, such as web beacons, pixels, and mobile identifiers. We may also allow our business partners to use these tracking technologies on the Site, or engage others to track your behavior on our behalf. You may disable the usage of cookies through your browser settings.

2. HOW WE USE INFORMATION WE COLLECT

We use, store, and process information, including personal information, about you to provide and improve the Site and comply with our legal obligations.

2.1 Provide and Improve the Site.

  • Enable you to access and use the Site.
  • Enable you to communicate with other users and customers.
  • Operate, protect, improve, and optimize the Site and experience, such as by performing analytics and conducting research.
  • Provide customer service.
  • Send you service or support messages, updates, security alerts, and account notifications.
  • Send you promotional messages and other information that may be of interest to you based on your preferences (including information about TechSoup or donor offers and launches).

We process this information given our legitimate interest in improving the Site and our users' and customers' experience with it, and where it is necessary for the performance of the contract with you and/or a legal obligation. You can opt-out of receiving communications from us by following the unsubscribe instructions included in our marketing communications or changing your notification settings within your TechSoup account.

2.2 Comply With Our Legal Obligations.

  • Detect and prevent fraud, spam, abuse, security incidents, and other harmful activity.
  • Conduct security investigations and risk assessments.
  • Verify or authenticate information provided by you (such as to verify your authorization to act as an agent on behalf of a nonprofit organization).
  • Conduct checks against databases and other information sources, to the extent permitted by applicable laws.
  • Resolve any disputes with any of our users or customers and enforce our agreements with third parties.
  • Enforce our Terms of Use and other policies.

We process this information given our legitimate interest and legal obligation to protect the Site, to measure the adequate performance of our contract with you, and to comply with applicable laws. TechSoup may process your information if it is necessary for legitimate interests, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.

3. SHARING & DISCLOSURE

Processing is lawful only if and to the extent one of the following applies:

3.1 With Your Consent.

Where you have provided consent, we share your information, including personal information, as described at the time of consent. If you participate in promotional activities conducted by TechSoup partners or third parties we may also share information if you have provided us with prior consent to do so.

3.2 Other Situations.

3.2.1. Profiles and other Public Information.

The Site lets you publish information, including personal information, that is visible to the general public. For example:

  • Parts of your public profile page, such as your first name, your description, and city, are publicly visible to others.
  • If you submit content in a community or discussion forum, blog or social media post, or use a similar feature on the Site, that content is publicly visible.

Information you share publicly on the Site may be indexed through third party search engines. If you change your public-facing content, these search engines may not update their databases. We do not control the practices of third party search engines, and they may use caches containing your outdated information.

3.2.2. Compliance with Law, Responding to Legal Requests, Preventing Harm and Protection of our Rights.

TechSoup may disclose your information, including personal information, to courts, law enforcement or governmental authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) comply with our legal obligations, (ii) to comply with legal process and to respond to claims asserted against TechSoup, (iii) to respond to verified requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) to enforce and administer our Terms of Use or other agreements with our users and customers, or (v) to protect the rights, property or personal safety of TechSoup, its employees, its users, customers or members of the public.

Where appropriate, we may notify users and customers about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon TechSoup's property, its users and customers and the Site. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that user or customer about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.

3.2.3 Third Party Companies.

TechSoup Global enters into contracts with third parties to provide certain donations to TechSoup users, customers, or companies that offer their products and/or services on the Site ("Third Party Companies"). TechSoup will share your account information with Third Party Companies when you request donations or purchase products and/or services from such Third Party Companies. TechSoup will need to share your account information, including your personal information, to implement a contract between you and the Third Party Company. Your account information will be processed according to the privacy policies of such Third Party Companies. We will provide you with these policies as reasonably appropriate.

3.2.4 Service Providers.

Since TechSoup is a global network, it conducts activities globally.  In doing so, TechSoup uses a variety of third parties to help us provide services related to the Site. Service providers may be located inside or outside of the European Economic Area ("EEA"). The EEA unites the EU Member States and the three EEA EFTA States (Iceland, Liechtenstein, and Norway) into a market governed by the same basic rules (such as GDPR).  

For example, service providers may help us: (i) verify your identity or authenticate your identification documents, (ii) check information against public databases, (iii) conduct background or police checks, fraud prevention, and risk assessment, (iv) perform product development, maintenance and debugging, (v) allow the provision of the TechSoup Services through third party platforms and software tools (e.g., through the integration with our APIs), or (vi) provide customer service, advertising, or payments services. These providers have limited access to your information to perform these tasks on our behalf, and are contractually bound to protect and to use it only for the purposes for which it was disclosed and consistent with this Privacy Policy.

If TechSoup needs to share your information, including personal information, with a service provider, in order to ensure the adequate performance of our contract with you, we are permitted to do so.

3.2.5 Business Transfers.

If TechSoup Global undertakes or is involved in any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event, then we may sell, transfer or share some or all of our assets, including your information in connection with such transaction or in contemplation of such transaction (e.g., due diligence). In this event, TechSoup Global will notify you before your personal information is transferred and becomes subject to a different privacy policy.

3.2.6 Aggregated Data.

We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, insights about the sector, demographic profiling, marketing and advertising, and other business purposes. We may share this aggregated data with the public.

4. THIRD PARTY PARTNERS & INTEGRATIONS

The Site may contain links to third party websites or services, such as third party integrations, co-branded services, or third party-branded services ("Third Party Partners"). TechSoup doesn't own or control these Third Party Partners and when you interact with them, you may be providing information directly to the Third Party Partner, TechSoup, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit.

5. YOUR RIGHTS

You may exercise any of the rights described in this section by sending an email to privacy@techsoupglobal.org. Please note that we may ask you to verify your identity before taking further action on your request.

5.1 Managing Your Information.

You may access and update some of your information through your Account settings. You are responsible for keeping your personal information up-to-date.

5.2 Rectification of Inaccurate or Incomplete Information.

You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your TechSoup Account).

5.3 Data Access and Portability.

In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).

5.4 Data Retention and Erasure.

We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. If you no longer want us to use your information to provide the Site to you, you can request that we erase your personal information and close your TechSoup Account. Please note that if you request the erasure of your personal information:

  • We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend a TechSoup Account for fraud or safety reasons, we may retain certain information from that TechSoup Account to prevent that user or customer from opening a new TechSoup Account in the future.
  • We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, TechSoup may keep some of your information for tax, legal reporting and auditing obligations.
  • Information you have shared with others (e.g., forum postings) may continue to be publicly visible on the Site, even after your TechSoup Account is cancelled. However, attribution of such information to you will be removed. Additionally, some copies of your information (e.g., log records) may remain in our database, but are disassociated from personal identifiers.
  • Because we maintain the Site to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.

5.5 Withdrawing Consent and Restriction of Processing.

Where you have expressly provided your consent to the processing of your personal information by TechSoup you may withdraw your consent at any time by changing your Account settings or by sending a communication to TechSoup specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defense of legal claims; or (iv) you have objected to the processing pursuant to Section 5.6 and pending the verification whether the legitimate grounds of TechSoup override your own.

5.6 Objection to Processing.

In some jurisdictions, applicable law may permit you to legally object to TechSoup's processing. In these instances, you may require TechSoup not to process your personal information for specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing TechSoup will no longer process your personal information for these purposes unless we can demonstrate a legal basis for doing so or such processing is required for the establishment, exercise, or defense of legal claims.

At any time, regardless of applicable law, you may object to us processing your personal information for direct marketing purposes. You may, at any time, ask TechSoup to cease processing your data for these direct marketing purposes by sending an e-mail to privacy@techsoupglobal.org.

5.7 Lodging Complaints.

With respect to GDPR, you have the right to submit complaints about the data processing activities carried out by TechSoup before Information Commissioner's Office in the UK; for complaints unrelated to GDPR, nothing in this Privacy Policy is intended to limit your right to file a complaint in the appropriate jurisdiction.

6. OPERATING GLOBALLY

To facilitate our global operations TechSoup may transfer, store, and process your information within our family of public benefit organizations or with service providers based in Europe, India, Asia Pacific and North and South America. Laws in these countries may differ from the laws applicable to your Country of Residence. For example, information collected within the EEA may be transferred, stored, and processed outside of the EEA for the purposes and bases described in this Privacy Policy. Where we transfer store, and process your personal information outside of the EEA we have ensured that appropriate safeguards are in place to ensure an adequate level of data protection.

6.1 EU Model Clauses.

If your information is shared with corporate affiliates or third party companies or service providers outside the EEA, we have, prior to sharing your information with such corporate affiliate or third party company or service provider, established the necessary means to ensure an adequate level of data protection. This agreement may incorporate the basis of the EU Model Clauses (a set of clauses issued by the European Commission).

6.2 California Privacy Rights.

California law permits users and customers who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those third parties. See the "Contact Us" section for where to send such requests. TechSoup does not share personal information with third parties for its own direct marketing purposes without your prior consent. Accordingly, you can prevent disclosure of your personal information to third parties for direct marketing purposes by withholding consent.

7. SECURITY

We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your TechSoup Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your TechSoup Account, please contact us following the instructions in the Contact Us section below.

8. CHANGES TO THIS PRIVACY POLICY

TechSoup reserves the right to modify this Privacy Policy at any time in accordance with this provision. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the Site and update the "Last Updated" date at the top of this Privacy Policy. We will also provide you with notice of the modification by email at least thirty (30) days before the date the changes become effective. If you disagree with the revised Privacy Policy, you may cancel your Account. If you do not cancel your Account before the date the revised Privacy Policy becomes effective, your continued access to or use of the Site will be subject to the revised Privacy Policy.

9. CONTACT US

If you have any feedback about this Privacy Policy or TechSoup's information handling practices, you may email us at: privacy@techsoupglobal.org or contact us at: TechSoup Global, Legal Department, 435 Brannan Street, Suite 100, San Francisco, CA 94107. We welcome your feedback!

TechSoup Terms of Use

1. Agreement to Terms

TechSoup Global and its affiliates (collectively, "TechSoup," "we," or "us") allow you access to and use of this site ("Site") subject to these terms of use (the "Terms"). Specific services available through the Site may include additional terms, which are hereby incorporated into these Terms. Please read both these Terms and any additional terms carefully before accessing or using the Site. TO USE THE SITE, YOU MUST FIRST AGREE TO THESE TERMS. BY USING OR ACCESSING THE SITE, YOU ACCEPT THESE TERMS AND REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE "YOU" OR "YOUR" WILL REFER TO SUCH ENTITY.

2. Modification of Terms

We may amend these Terms from time to time. If we make material changes to the Terms, we will notify you by posting a prominent notice on the Site and/or sending you an e-mail at your primary email address, as specified in your Account (defined below). Any changes to these Terms will be effective immediately for new users of our Site; otherwise these changes will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of a notice on our Site. You are responsible at all times for updating your Account to provide to us your most current e-mail address. If the last e-mail address that you have provided to us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site following notice of such changes shall indicate your acknowledgement of, and agreement to be bound by, such changes.

3. Your Information and Account

For certain uses of the Site, TechSoup may require you to provide information about yourself (such as identification or contact information) or to create a user account ("Account"). You agree that any such information and any information that you provide in connection with your Account will always be correct, complete and up to date. You will be responsible for all activities that occur under your Account and therefore you agree to keep your password confidential. You agree to notify us immediately of any unauthorized use of your Account or if you believe that your password is no longer confidential. We reserve the right to require you to alter your user name and/or password if we believe that your Account is no longer secure. You will not: (a) provide any false information as part of your Account information or in connection with the Site; (b) create an Account for anyone other than yourself; (c) create or use more than one Account at any given time; (d) transfer your Account to anyone else; (e) permit others to use your Account; or (f) use or access other persons' Accounts.

4. Note to International Visitors

BY VISITING OUR WEB SITES AND USING ANY OF THE SERVICES AVAILABLE THROUGH THE WEB SITES (THE "SERVICES"), YOUR PERSONAL INFORMATION WILL BE PROCESSED IN ACCORDANCE WITH OUR PRIVACY POLICY ("PRIVACY POLICY"). YOUR PERSONAL INFORMATION MAY BE PROCESSED IN THE COUNTRY WHERE IT WAS COLLECTED, AS WELL AS IN COUNTRIES WHERE PRIVACY LAWS MAY BE LESS STRINGENT, INCLUDING THE UNITED STATES. BY USING THE SERVICES OR SUBMITTING PERSONAL INFORMATION THROUGH THE SERVICES, YOU ARE EXPRESSLY CONSENTING TO SUCH PROCESSES. TO THE EXTENT YOU PROVIDE PERSONAL INFORMATION ABOUT A NAMED PERSON OR ENTITY THAT IS NOT A CURRENT USER OF OUR SERVICES, YOU REPRESENT THAT YOU HAVE THAT PERSON OR ENTITY'S CONSENT TO DO SO.

5. Site Conduct

When using the Site, you agree to comply with the following guidelines:

  • you may not post or transmit information, data, text, software, graphics, sound, photographs, video, messages, or other content (collectively, "Content") that is unlawful, harassing, inaccurate, libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive, hateful, or is otherwise determined to be objectionable by us;
  • you may not interfere with other users' use of the Site;
  • you will not post or upload any virus, time bomb, worm, corrupted file, or other software routine capable of disrupting, disabling, harming the operation of, or providing unauthorized access, to the Site;
  • you will comply with all of these Terms and any applicable laws or regulations (including any laws regarding the export of data or software to and from the United States or other relevant countries);
  • you may not use the Site to advertise or sell products or services to others or engage in activities such as contests, sweepstakes, or pyramid schemes;
  • you may not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • you may not post or transmit Content that you do not have a right to post or transmit under any law or under contractual or fiduciary relationships (such as inside information, confidential information, etc.); and
  • you may not use the Site to solicit, collect or store personal data or passwords of other users.

6. Violation of Terms

If you violate any of these Terms or other user guidelines posted on the Site, or if TechSoup believes that your conduct or Content is offensive or illegal, violates the rights of, harms, or threatens to harm third parties, or may create liability for TechSoup or third parties, TechSoup reserves the right (but is not obligated) to investigate and take appropriate legal action in its sole discretion, including removing Content from the Site, notifying the appropriate authorities regarding the source of such Content, barring you from accessing the Site, and terminating your Account.

7. Submission of Content

You grant to TechSoup a world-wide, royalty-free, perpetual, irrevocable, transferable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, perform and display any and all Content (in whole or part) that you post or submit to the Site ("User Content"), and to incorporate the User Content in other works, in any form, media, or technology now known or later developed. You represent and warrant that: (a) you have the right to grant the foregoing license and to post and submit the User Content; and (b) the User Content will not infringe, misappropriate, or violate any third party rights (including any intellectual property rights). You are solely responsible for your User Content. TechSoup reserves the right in its sole discretion to delete or leave unchanged any Content submitted to or appearing on the Site.

8. Third Party Links and Third Parties on the Site

TechSoup or third parties may provide on the Site links to other Internet sites or services ("Third Party Sites and Services"). TechSoup has no control over Third Party Sites and Services; TechSoup does not endorse, and is not responsible for, any Third Party Sites and Services or the information, material, products or services contained on or accessible through Third Party Sites and Services. You acknowledge that TechSoup is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance upon any such information, material, products, or services. Many Third Party Sites and Services have their own terms of use and privacy policies that differ from ours. TechSoup's Terms and Privacy Policy only apply to our Site and do not apply to any Third Party Sites and Services.

We may allow third parties to provide certain information displayed on the Site. Any third-party information is not sponsored, endorsed, recommended, or licensed by TechSoup. You should directly contact the third parties and/or their references for the most accurate information.

Your interaction, correspondence or transactions with, third parties using the Site, including participation in promotions or e-commerce (collectively, "Third Party Interactions"), and any terms, conditions, warranties or representations associated with Third Party Interactions, are solely between you and such third parties. You agree that TechSoup shall not be responsible or liable for any loss or damage of any sort incurred in connection with your Third Party Interactions or the presence of such third parties on the Site. TechSoup reserves the right (but is not obligated), to monitor, or take any action TechSoup deems appropriate regarding, disputes between you and third parties using the Site. To the extent permitted under applicable laws, you hereby release TechSoup from any and all claims or liability related to: (a) any Content posted on the Site by you or third parties; or (b) the conduct, whether online or offline, of any third party.

You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "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 KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

9. Indemnification

You agree to indemnify, defend and hold harmless TechSoup, its affiliates, governing board, officers, agents, employees, partners, and suppliers from any liability, loss, claim, demand, costs and expenses (including reasonable attorneys' fees) related to:

  • your use of the Site;
  • any breach or inaccuracy of any representation or warranty made under these Terms;
  • your violation of these Terms;
  • your violation of applicable laws or any rights of third parties; or
  • your posting of User Content to the Site.

10. Use and Storage of Content on the Site

TechSoup may establish general practices and limits concerning the use of the Site, including without limitation, the maximum number of days that Content will be available on, or retained by, the Site. TechSoup, in its sole discretion, reserves the right to change these general practices and limits at any time.

11. Ownership of Content and Intellectual Property Rights

TechSoup and its licensors own the Site and all Content therein (other than your User Content) ("Site Content") and all worldwide intellectual property rights relating to the foregoing. Except as expressly authorized by TechSoup, you may not copy, distribute, sell, lease, perform, display, sublicense, modify or prepare derivative works of the Site or Site Content, in whole or in part. TechSoup reserves all rights not expressly granted to you under these Terms. Any use of the Site not expressly permitted by these Terms will be deemed a breach of these Terms and may violate copyright, trademark, and other laws.

TechSoup will treat any feedback or suggestions you provide to it as non-confidential and non-proprietary. You grant TechSoup the right to use any feedback or suggestions you provide in any manner and for any purpose without any obligation to compensate you.

12. DISCLAIMER OF WARRANTY

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT TECHSOUP'S WARRANTY TO THE EXTENT SUCH WARRANTY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR CONDITIONS. ACCORDINGLY, ONLY THE EXCLUSIONS AND LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE, SITE CONTENT, AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TECHSOUP EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

IN PARTICULAR, NEITHER TECHSOUP NOR ANY OF ITS SUBSIDIARIES OR AFFILIATES REPRESENTS OR WARRANTS TO YOU THAT: YOUR USE OF THE SITE OR SITE CONTENT WILL MEET YOUR REQUIREMENTS; YOUR USE OF THE SITE OR SITE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, FREE OF VIRUSES OR OTHER HARMFUL CODE; ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

YOU DOWNLOAD OR OBTAIN MATERIAL FROM THE SITE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TECHSOUP OR THROUGH OR FROM THE SITE OR SITE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

13. LIMITATION OF LIABILITY

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT TECHSOUP'S LIABILITY FOR LOSSES TO THE EXTENT SUCH LIABILITY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS AND EXCLUSIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU EXPRESSLY AGREE THAT TECHSOUP, ITS AFFLIATES, GOVERNING BOARD, OFFICERS, AGENTS, EMPLOYEES, PARTNERS OR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING:

(A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN CONNECTION WITH THE SITE, SITE CONTENT, ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE IN CONNECTION WITH:

  • ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY INFORMATION POSTED ON THE SITE;
  • ANY CHANGES WHICH TECHSOUP MAY MAKE TO THE SITE, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE (OR ANY FEATURES WITHIN THE SITE);
  • THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE;
  • YOUR FAILURE TO PROVIDE TECHSOUP WITH ACCURATE ACCOUNT INFORMATION; YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; OR
  • ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

THE LIMITATIONS ON TECHSOUP'S LIABILITY TO YOU IN THE ABOVE PARAGRAPHS SHALL APPLY WHETHER OR NOT TECHSOUP HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

TECHSOUP'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE SITE, SITE CONTENT, ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, AND THESE TERMS WILL AT ALL TIMES BE LIMITED TO FIFTY U.S. DOLLARS ($50 USD), [EXCEPT THAT, WITH RESPECT TO ANY DONATED GOODS OR SERVICES RECEIVED THROUGH THE SITE, TECHSOUP'S LIABILITY, IN ANY CASE, IS EXPRESSLY LIMITED TO REPLACEMENT OF THE DEFECTIVE GOOD OR REPERFORMANCE OF THE SERVICE, OR AT TECHSOUP'S ELECTION, TO THE REPAYMENT OR CREDITING TO YOU OF AN AMOUNT EQUAL TO THE PRICE OF THE GOODS OR SERVICES.] THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

14. Copyright Infringement Policy

TechSoup takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law (including, in the United States, the Digital Millennium Copyright Act), and we maintain a policy of terminating the Accounts of repeat offenders. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by submitting written notification to our Copyright Agent.

The written notice must include substantially the following:

  • your physical or electronic signature;
  • identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works;
  • identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
  • adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address);
  • a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
  • a statement that the information in the written notice is accurate; and
  • a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

TechSoup's Copyright Agent can be reached as follows:

TechSoup
Attn: Legal Department
435 Brannan Street, Suite 100
San Francisco, CA 94107
privacy@techsoup.org

15. Trademarks

TECHSOUP and its logo is the registered trademark of TechSoup. You must not use any TechSoup trademarks without the prior written permission of TechSoup. All third-party trademarks on the Site are the property of their respective owners.

16. Modifications to the Site

TechSoup reserves the right from time to time to modify the Site, suspend access to all or portions of the Site, or close the Site indefinitely, with or without notice. You agree that TechSoup will not be liable to you or to any third party for any modification, discontinuance, or suspension of the Site, in whole or in part.

17. Termination

Subject to this Section, this Agreement will remain in full force and effect while you use the Site or maintain an Account. You may terminate your Account at any time and for any reason through the appropriate account management page on the Site. TechSoup has the right to terminate your Account, immediately effective upon sending notice to you at the e-mail address you provide in your Account. You agree that we will have no liability to you for any costs, expenses, losses, damages, or liabilities arising out of or relating to our termination of your Account, your access to and use of the Site, or this Agreement. Even after this Agreement is terminated for any reason, the following provisions of this Agreement will remain in effect: Sections 7, 8, 9, 12 through 14, 17, 20, and 21.

Without limiting the foregoing, if you use, copy, distribute, sell, display, perform, sublicense or prepare derivative works of any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at TechSoup's sole discretion, return or destroy any copies of Site materials you have made.

18. Disclosures

TechSoup is located at 435 Brannan Street, Suite 100, San Francisco, CA 94107. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

19. Electronic Communications

For contractual purposes, you (a) consent to receive communications from TechSoup in an electronic form (whether TechSoup posts notices on the Site or communicates with you via email); and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that TechSoup provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights. Any notices to you by TechSoup may be made by either email or regular mail.

20. General Provisions

These Terms and any Additional Terms constitute the final, complete, and exclusive agreement between you and TechSoup regarding the Site and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral, between you and TechSoup (including, but not limited to, any prior versions of these Terms).

These Terms and the resolution of any controversy or claim arising out of or related to these Terms or the Site ("Claim") shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. TechSoup's failure to insist upon strict enforcement of any provision of these Terms shall not be construed as a waiver of any provision or right. All waivers will be effective only if in writing. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will be enforced in accordance with their terms. You acknowledge that the Site and Site Content contains valuable trade secrets and proprietary information of TechSoup, that any actual or threatened breach of the Section entitled "Ownership of Content and Intellectual Property Rights" will constitute immediate, irreparable harm to TechSoup for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. The section headings in these Terms are for convenience only and have no legal or contractual effect. "Includes" and "including" are not limiting.

Regardless of any statute or law to the contrary, you hereby waive your right to bring any Claim against TechSoup more than 1 year after such Claim first arose.

21. Arbitration

All Claims will be settled by binding arbitration in accordance with the Comprehensive Arbitration Rules of JAMS. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. You consent to the arbitration being conducted in the English language and in the county of San Francisco, California. Each party will bear its own costs incurred in such arbitration proceeding. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, TechSoup may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.

Anti-Discrimination Policy

TechSoup Global is an equal opportunity organization and will not allow discrimination based upon age, ethnicity, ancestry, gender, national origin, disability, race, size, religion, sexual orientation, socioeconomic background, or any other status prohibited by applicable law.

Organizations must be willing and able to attest that they do not discriminate on any of the above grounds in order to receive resources from TechSoup. External evidence, such as negative publicity or social media, that reveals such discrimination, hate speech, or disrespectful or bullying behavior, as determined by TechSoup in its sole discretion, may be taken into consideration. TechSoup reserves the right to refuse service to anyone for any reason at any time.

Organizations will also be subject to eligibility requirements from donors who may require agreement to their own anti-discrimination policies.