Last updated 11.17.21.
These Terms and Conditions (“Terms”) govern your use of Charity Tracker (the “Service”) provided by Fortera Credit Union (“Fortera”). By registering for or using the Service, you agree to these Terms.
The Service provides a platform for you to donate funds from your Fortera accounts to the Fortera Foundation. You are responsible for consulting with a tax expert to determine the tax deductibility of these donations and the effect they have on your tax liability and filings. It may not be used for any other purpose.
As a condition of your use of the Service, you agree that:
You are solely responsible for maintaining the security of your user ID and password. If you share these credentials with any other person, you expressly authorize them to access your accounts and personal information.
Fortera retains the right, in its sole discretion, to deny use of the Service to anyone at any time and for any reason. While Fortera uses reasonable efforts to keep the Service accessible, the Service may be unavailable from time to time. You understand and agree that there may be interruptions in Service access, due to circumstances both within our control and outside of our control. Fortera does not warrant that the Service or content available via the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes the Service available are free of viruses or bugs.
You may download your financial information and material displayed on this site for personal, non–commercial use only. You must retain all copyright and other proprietary notices on downloaded and/or copied material. You may not distribute, modify, transmit, use, or re-use any of the contents of this site for any public or commercial purpose without the written consent of Fortera. Fortera’s products, services, programs, or technology displayed on this Website or described in any document published by Fortera on this site are copyright protected and constitute intellectual property owned by Fortera. You understand and acknowledge that unauthorized disclosure, use, or copying of the proprietary products and services provided pursuant to these Terms may cause Fortera and its licensors, irreparable injury, which may not be remedied at law, and you agree that Fortera and its licensors' remedies for breach of these Terms may be in equity by way of injunctive or other equitable relief.
THE SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. FORTERA DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SERVICE.
IN NO EVENT SHALL FORTERA, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE SERVICE, THE CONTENT, AND ANY OTHER INFORMATION CONTAINED IN THE SERVICE; (B) YOUR INABILITY TO USE THE SERVICE; (C) MODIFICATION OR REMOVAL OF CONTENT ON THE SERVICE; OR (D) THESE TERMS AND CONDITIONS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER FORTERA WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
You hereby agree to defend, indemnify, and hold harmless Fortera, its directors, officers, employees, and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any use of the Service in violation of these Terms, or fraud you commit or your intentional misconduct or negligence.
We may change these Terms at any time by providing notice to you when you open the Service.
You agree that the laws of the State of Tennessee without regard to conflicts of laws provisions will govern these Terms and Conditions and any dispute that may arise between us.
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
We may terminate this Agreement at any time, with or without notice, for any reason.