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Conditions of Use Conditions of Use
PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS ("TERMS OF USE") CAREFULLY BEFORE ACCESSING THIS WEBSITE, INCLUDING ANY RELATED SERVICES PROVIDED THROUGH THE SITE (THE "SITE"). USE OF THE SITE IS CONDITIONED UPON ACCEPTANCE BY THE USER OF THE SITE ("YOU"), WITHOUT MODIFICATION, OF THESE TERMS OF USE. YOUR USE OF THE SITE INDICATES YOUR AGREEMENT TO ALL SUCH TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE SITE.

1. TRADEMARKS and COPYRIGHT/PERSONAL USE.
All material on this Site, including, but not limited to text, graphics, images, audio and video, trademarks, service marks, logos, domain names, slogans and other items that appear on or in connection with the Site, is used by permission or owned, controlled by or licensed to Siena Commerce. ("Siena Commerce," "we," "us"), Unless otherwise specified, the Site and the material on it are for your personal and non-commercial use. You shall not modify, copy, distribute, transmit, display, perform, reproduce, store, publish, license, create derivative works from, transfer, upload, or sell any information, material, products or services obtained through the Site without our express written agreement.

2. UNLAWFUL USE.
You agree not to use the Site for any purpose that is unlawful or prohibited by these terms of use. You shall not use the Site in any manner that could damage, disable, overburden, or impair the Service, nor the hardware, software or other networking infrastructure that enables the Site, nor shall you interfere with any other party’s use and enjoyment of the Site. You shall not attempt (or authorize, encourage or support others’ attempts) to gain unauthorized access to the Site, any user’s account; or any computer systems or networks connected to the Service, through any means; to collect information concerning other users of the Site; or to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Site. You shall not use the Site to provide us information that is unlawful, infringing, otherwise violative of the rights of third parties, inaccurate or misleading.

3. TERMINATION.
Siena Commerce reserves the right to terminate your access to all or any part of the Site at any time, without notice.

4. PRIVACY POLICY.
Please read the Siena Commerce "Privacy Policy" posted on this Site, view it here. By using the Site, you agree to be legally bound by the Siena Commerce privacy policy, which governs our collection and use of personally-identifying information you submit to us.

5. CHANGES TO THE FUNDRAISING PROGRAM/SITE. Changes are periodically made to the Siena Commerce program and to our Site. We may make any changes in the Site at any time without notice.

6. RESPONSIBILITY AND RISK. You assume total responsibility and risk for your use of the Site.

7. DISCLAIMERS OF WARRANTIES.
SIENA COMMERCE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE OR MERCHANTS, INFORMATION OR PRODUCTS ADVERTISED OR OFFERED VIA THE SITE. SIENA COMMERCE DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE OR ANY LINKED SITES WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY LINKED SITES OR THE SERVERS THAT MAKE THEM AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SIENA COMMERCE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE SITE FOR ANY PURPOSE. THE SITE AND ALL SERVICES AND MATERIALS CONTAINED ON THE SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. SIENA COMMERCE, ITS AFFILIATES AND ITS LICENSORS AND LICENSEES, AND ITS AUTHORIZED AGENTS HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH REGARD TO THE SITE AND ANY MATERIALS CONTAINED THEREON (INCLUDING WITHOUT LIMITATION ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS), INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.

8. DAMAGES.
IN NO EVENT SHALL SIENA COMMERCE OR ITS AFFILIATES, LICENSORS, LICENSEES, OR AUTHORIZED AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR ANY OF THE LINKED SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SIENA COMMERCE OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES OR AUTHORIZED AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT SIENA COMMERCE SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA AND FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. YOU SPECIFICALLY AGREE THAT SIENA COMMERCE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

9. INDEMNITY.
You agree to indemnify and hold harmless Siena Commerce and its affiliates, officers, directors, employees, agents, licensors, licensees, suppliers, and representatives from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning your use of the Site or a violation of these Terms of Use (collectively, "Claims"), and to reimburse them on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any Claims.

10. JURISDICTION.
This agreement is entered into in the State of New Jersey and shall be governed by, and construed in accordance with, the laws of the State of Jersey, exclusive of its choice of law rules. Each party agrees to submit to the exclusive jurisdiction of any state or federal court located in New Jersey, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

11. MISCELLANEOUS.
If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.

12. MODIFICATION.
Siena Commerce reserves the right to modify this agreement at any time without notice. Modifications to this agreement will be effective immediately as of the date that modification is posted on the Site. You are responsible for regularly reviewing these terms and conditions for modifications. Your continued use of the Site indicates your knowledge and acceptance of the agreement and any subsequent modifications.

13. VOID WHERE PROHIBITED.
Although this Site is accessible worldwide, not all products or services discussed or referenced on this Site are available to all persons or in all geographical locations. Siena Commerce reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area if it so desires. Any offer for any product or service made in this Site is void where prohibited. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access the Site, the site is not intended for you and you shall not use the Site.

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