Terms and Conditions of Use

Effective December 14, 2022

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING THIS WEBSITE OR ANY OF ITS PAGES, YOU AGREE THAT YOU ARE BOUND BY THESE TERMS AND CONDITIONS OF USE AS THEY MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS OF USE, PLEASE EXIT THIS WEBSITE IMMEDIATELY.

General
Thank you for visiting the website of the Sioux Empire United Way (“SEUW”). The SEUW website (the "Website") is comprised of various web pages operated by SEUW in South Dakota. The terms “we,” “our,” and “us” refer to SEUW and its subsidiaries and affiliates, and the terms “you” or “your” refer to any individuals who access this Website. By accessing or using this Website, you agree and consent to be legally bound by these Terms and Conditions of Use (the “Terms”) without limitation or qualification.

Use of Website
Our Website is not directed towards children. If you are using this Website, you are confirming that you are 18 years of age or older, or are over 16 years of age and using the Website with the consent and supervision of your parent or guardian. Use of the Website is also governed by our Privacy Policy, which informs users of our data collection practices.

If you fail to comply with any of these Terms, your permission to use the Website automatically terminates. We reserve the right, in our sole discretion, to refuse, suspend, or terminate your access to this Website at any time for any reason without notice. We shall not be held liable to you or any third party for any unauthorized use of the Website or termination of your access to this Website. You agree to indemnify and hold us harmless from any liability, loss, claim or expense including attorney’s fees, related to your violation of these Terms or your unauthorized use of the Website.

Unauthorized Use
Unauthorized use of this Website is prohibited. The following uses are expressly unauthorized:

Gathering, monitoring, or copying any content on this Website by using any crawler, spyware, engine, robot, “bot,” spider, device, extraction tool, software, or any other utility, automatic device, or manual process of any kind without our express permission.
Harvesting or otherwise collecting information about others including, without limitation, e-mail addresses or phone numbers, without their explicit consent.
Interfering, or attempting to interfere, with the operations of the Website or using any device or software that will interfere, or attempt to interfere, with the operations of the Website.
Attempting to circumvent Website security in any way; probing or testing the vulnerability of the Website or any network connected to the Website; or hacking, breaching, or attempting to breach any part of the Website, its security or authentication measures, or any network connected to the Website, including the content management system and source code.
Uploading or submitting any data or information containing viruses, trojans, worms, malware, or any other computer code, corrupt file, program or component designed to interfere with this Website or its use, or the use of any software, hardware, networks, servers, computers, electronic devices, or other equipment of ours or any third party.
Improperly assuming or claiming the identity, characteristics, or financial information of another person or entity.
Conducting or forwarding surveys, contests, pyramid schemes, or chain letters.
Interfering or attempting to interfere with the use of the Website by other users.
Violating any applicable laws, regulations, or these Terms.
Attempting to use this Website for any purposes other than those intended by us, as determined in our sole discretion.

Out-of-State and International Users
This Website is controlled, operated, and administered by us from our offices within the State of South Dakota in the United States of America. This Website is not targeted towards users outside of the State of South Dakota, and you agree that any use of the Website shall occur within the State of South Dakota. By using or continuing to use the Website, you represent and agree that you are located in the State of South Dakota. If you are using this Website outside of the State of South Dakota, you agree that you will cease such usage immediately. You further agree that you will not use the Website in any State other than South Dakota, in any country other than the United States, or in any manner prohibited by any applicable laws, restrictions, or regulations, and that you are solely responsible for compliance with local laws.

Website Modifications
We reserve the right to modify or terminate this Website, in whole or in part, including any link, embed, platform, widget, or feature used by this Website, at any time.

Changes to Website Policies
We reserve the right to make changes to Website policies at any time without advance notice to you including, without limitation, these Terms and our Privacy Policy. We encourage you to continue to review these Terms each time before using this Website, as your continued use will be strictly subject to the then-current Terms. Each time we modify the content of these Terms, we will update the effective date set forth above.

Electronic Communications
If you provide us an email address, you agree to receive electronic communications from us at such email address. You further agree to notify us of any changes in your email address. Except as otherwise required under applicable law, you agree that all agreements, notices, and other communications that we provide to you electronically, via email, text or on the Website, satisfy any legal requirement that such communications be in writing.

Text Messages and Other Communications to a Telephone
You authorize us to contact you at any telephone number you provide, including by sending text messages or other communications to a mobile phone using an automatic telephone dialing system or an artificial or prerecorded message. You agree to notify us of any changes in your telephone number and acknowledge you may revoke consent to be called at a particular telephone number by emailing us at unitedway@seuw.org. You consent that any call you accept from or make to SEUW may be recorded for business purposes. Text messages or prerecorded messages sent by us may contain sales or marketing content.

Links, Widgets, Embeds, Social Media, and Other Third Party Features
Our Website may provide links to other websites for your convenience. Our Website may also make use of widgets, embeds, social media, or other third party features (collectively, “Features”) that are hosted by a third party or hosted directly on our Website. Your interactions with any link or third party Feature are governed by the terms and conditions of the third party providing the Feature, or the terms and conditions of the linked website. The terms and conditions of third parties may be substantially different than these Terms. We neither own nor control third party websites or Features that are accessible through this Website. Therefore, before visiting the website of a third party, or making use of a third party Feature on our Website, you should first consult that third party’s terms and conditions (if any) and inform yourself of the terms applicable to that third party’s website or Feature (if any). We are not responsible for any dealings with third parties you may have through a third party website, link, or other Feature.

Endorsements
Any description of a product, service, or publication on this Website (including any description or reference via hyperlink) does not imply endorsement by us of that product, service, or publication. Moreover, the inclusion of any third party link or Feature on our Website does not imply an endorsement by us or any association with its third party operator.

Use of Third Party Service Providers
Certain functions made available via the Website are delivered by third party organizations acting as our third party service providers. By using any functionality originating from the Website, you hereby acknowledge and consent that we may share your information and data with any third party service provider that provides the requested functionality on our behalf for our Website users. You agree that we are not responsible for the security of your information or data while in the possession of our third party service providers.

Payment Authorization
We use third party payment processors to receive monetary donations through our Website. Monetary donations made through a third party payment processor on our Website are subject to the privacy policy and terms and conditions of use of such third party payment processor. We are not responsible for any errors or other discrepancies in donations processed by a third party payment processor. If you make, or attempt to make, any monetary donation through the Website, you agree that you are legally authorized to make such donation using the payment method indicated. If you agree to make a donation using recurring payments, you represent and warrant that: (1) you will not dispute the recurring payments with your bank or card issuer for donations made according to these Terms; (2) you are legally authorized to agree to recurring payments initiated by SEUW; (3) your authorization of recurring payments will remain in effect until such authorization is cancelled by you in writing via email at: unitedway@seuw.org or via mail at: 1000 N. West Ave., Ste 120, Sioux Falls, South Dakota 57104 or by calling 605-336-2095; provided, that you must provide written confirmation of your cancellation within 14 days of your oral notification by writing to SEUW via email at: unitedway@seuw.org or via mail at: 1000 N. West Ave., Ste 120, Sioux Falls, South Dakota 57104. You acknowledge that cancellation of your payment authorization will not be effective with regard to a scheduled donation unless we receive the cancellation at least three (3) business days before the scheduled recurring payment date. If any recurring payment dates fall on a weekend or holiday, the payment may be executed on the next business day. You agree to notify SEUW in writing at least three (3) business days prior to any recurring payment date if there are any changes in the bank or card account information provided along with your payment authorization. You understand that we may, at our discretion and in accordance with applicable law, attempt to reinitiate within thirty (30) days any payment that was rejected or returned unpaid.

Ownership
All content on this Website, whether provided by this Website or through links or other third party Features, is the copyrighted work of us or the owner(s) of the links or third party Features. Except as stated herein, none of the content of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of us or the owner(s) of the links or third party Features. Website content may be shared through social media, so long as such sharing maintains a true and official link back to the Website and the shared content is unaltered.

Any trademarks, service marks, or logos appearing on this Website are our property or the property of the party that provided the trademarks, service marks, or logos to us. We and any party that provided trademarks, service marks, or logos to us retain all rights with respect to any of our respective trademarks, service marks, or logos appearing in this Website, whether registered or not. You agree to observe and abide by all copyright, trademark, and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

Privacy & Information Use
Use of this Website is governed by SEUW’s Privacy Policy, which outlines what information we collect on our Website and how that information is used. Please review our Privacy Policy for more information on our information collection, use, and sharing practices.

Digital Millennium Copyright Act (DMCA) Procedures

Violating the trademark or copyright rights of others is a violation of our Terms. Nothing on this Website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of SEUW or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners. Except as otherwise noted, SEUW is the owner of all trademarks and service marks on this Website, whether registered or not.

We provide the following procedures for making a Digital Millennium Copyright Act (DMCA) claim or counter-claim.

Notice and Procedure for Making Claims of Copyright Infringement. In accordance with the Digital Millennium Copyright Act (DMCA), we have a designated agent to receive notice of unauthorized online use of copyrighted materials on this Website. If you believe that your copyrighted work is being infringed, please notify our copyright agent specified below.

E-mail:
unitedway@seuw.org

Certified Mail:
1000 N. West Ave., Ste 120
Sioux Falls, South Dakota 57104

Please notify us in writing and include all of the following:

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Procedure for making a DMCA Counter Notification. If you have had material that you placed online removed pursuant to a DMCA infringement complaint and feel that it is not in fact an infringement, you can submit a counter notification. Please send a written counter notification of copyright infringement containing the following information to our designated agent specified below.

E-mail:
unitedway@seuw.org

Certified Mail:
1000 N. West Ave., Ste 120
Sioux Falls, South Dakota 57104

Please notify us in writing and include all of the following:

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled
Your name, address, telephone number, and if available, an electronic mail address at which the counter-complaining party may be contacted, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person
A physical or electronic signature of a person who has had alleged infringing material removed.
We will not respond to counter notifications that do not adhere to the listed requirements. We will deliver your counter notification to the original individual who filed the DMCA copyright infringement complaint informing them that the removed material will be replaced within 10 -14 business days following notification. Once the notification has been delivered, we are authorized to reinstate the removed material and cease disabling access 10 -14 business days following the receipt of the counter notice unless we receive notice that the original individual is proceeding with a court order against you.

Possession of an Injunction. If we receive a notification and appropriate accompanying documentation from a copyright holder to our designated agent that they are in possession of an injunction that prohibits us from providing access to the infringing material, you will be informed as soon as we are able and we will follow the requirements as set forth in the injunction.

Liability & Indemnity

General Liability Release.
ANY AND ALL CONTENT CONTAINED ON THIS WEBSITE IS RELIED UPON AT YOUR OWN RISK AND IS PRESENTED “AS IS” OR “AS AVAILABLE.” NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED, ARE PROVIDED FOR OUR WEBSITE OR ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE PROVIDE NO WARRANTIES THAT OUR WEBSITE OR ITS CONTENT IS FREE FROM ERROR OR DEFECTS (LIKE VIRUSES OR MALICIOUS CODE), THAT USE OF OUR WEBSITE WILL BE FREE FROM INTERRUPTIONS, OR THAT OUR WEBSITE WILL NOT BE COMPROMISED BY A CYBERATTACK, HACK, OR OTHER SIMILAR EVENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING ANY INJURY TO PERSON, PROPERTY, OR BODY, OR ANY KIND OF LOSS OR DAMAGE WHATSOEVER TO YOU OR ANY THIRD PARTY CONNECTED WITH THE USE OF OR INABILITY TO USE THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY A “CLAIM”). THIS INCLUDES BUT IS NOT LIMITED TO DAMAGES ARISING FROM MISTAKES, OMISSIONS, DELAYS, INTERRUPTIONS, INSUFFICIENT, INCOMPLETE, MISSING OR DELETED CONTENT, DETERIORATION OR CORRUPTION OF FILES OR CONTENT, LOSS OF DATA, LOSS OF PROFITS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJANS, MALWARE AND MALICIOUS CODE, OR INJURY TO PERSON, PROPERTY, OR BODY, OR ANY OTHER KIND OF LOSS OR DAMAGE WHATSOEVER, TO YOU OR ANY THIRD PARTY. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, BUT YOU AGREE THAT OUR LIABILITY SHALL BE WAIVED TO THE MAXIMUM EXTENT PERMISSIBLE BY THE LAW OF YOUR STATE OR JURISDICTION. IF YOU ARE DISSATISFIED WITH OR DISAGREE WITH ANY PORTION OF THESE TERMS, INCLUDING, BUT NOT LIMITED TO, THIS LIABILITY AND INDEMNITY PROVISION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

Indemnity.
BY USING THIS WEBSITE, YOU EXPRESSLY AGREE: (1) YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK; (2) YOU CONSENT TO AND ARE BOUND BY THE ABOVE LIABILITY WAIVER; (3) YOU WILL INDEMNIFY AND HOLD US HARMLESS AGAINST ANY AND ALL LIABILITY AND WILL INDEMNIFY US FOR ANY CLAIM (INCLUDING, WITHOUT LIMITATION, THE COST OF INVESTIGATING ANY CLAIM, THE COST OF LITIGATION, AND ATTORNEYS’ FEES, WHETHER OR NOT LEGAL PROCEEDINGS ARE INSTITUTED) ARISING FROM, ATTRIBUTABLE TO, OR IN CONNECTION WITH YOUR ACCESS TO OR USE OR MISUSE OF THIS WEBSITE OR ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY TRANSACTION ON, THROUGH, OR IN CONNECTION WITH THIS WEBSITE, YOUR INFRINGEMENT OF THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF THIRD PARTIES, OR ANY ACT OR OMISSION BY YOU IN VIOLATION OF THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION; AND (4) WE EXPRESSLY RESERVE THE RIGHT, AT OUR SOLE AND COMPLETE DISCRETION AND AT OUR OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

Enforceability
These Terms shall be given effect to the fullest extent permissible by law. If any provision of these Terms is deemed unlawful, void, or unenforceable for any reason whatsoever, that provision shall be severed and the rest of these Terms shall remain valid and in full force and effect, and a provision as similar in terms as may be valid and enforceable shall be used in lieu of such provision. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Entire Agreement and Headings
Unless otherwise specified herein, these Terms, coupled with our Privacy Policy, reflect the entire agreement between you and us regarding the Website and supersede and replace all prior or contemporaneous understandings or agreements of any type regarding this subject matter.

The headings used herein are provided solely for your convenience and have no legal or contractual effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms and all related documents be written in English.

Reservation of Rights
All rights not expressly granted herein are reserved exclusively and entirely to us.

Assignment
You may not assign these Terms. We may assign these Terms, in whole or in part, at any time.

Accessibility
If any portion of this Website is inaccessible to you for any reason, please contact us at 605-336-2095.

Notices; Contact Information
Unless otherwise permitted under applicable law or these Terms, all notices provided to us in connection with these Terms, including, without limitation, any legal demands or claims, should be directed to the following address via certified mail:

Certified Mail:
1000 N. West Ave., Ste 120
Sioux Falls, South Dakota 57104

Questions about these Terms should be directed to the following address via certified mail or email at the designated addresses below:

Certified Mail:
1000 N. West Ave., Ste 120
Sioux Falls, South Dakota 57104

Email:
unitedway@seuw.org

Please use this contact information only for questions regarding our Terms or Privacy Policy. For all other inquiries, refer to the Contact Us section of our home page.

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