PATRIOT WEB SITE TERMS OF USE

IMPORTANT: PATRIOT REQUIRES THAT YOU CAREFULLY READ AND ACCEPT THESE TERMS OF USE (“TERMS OF USE”) BEFORE ACCESSING OR USING THE PATRIOT WEB SITE. ACCESS TO THIS WEB SITE IS LIMITED TO AUTHORIZED USERS. UNAUTHORIZED USERS IMPROPERLY ATTEMPTING TO ACCESS THE WEB SITE ARE SUBJECT TO PROSECUTION.

Section 1. Scope of Terms of Use.

This Web Site is owned and operated by Maelstrom Technology Solutions, LLC (“Patriot”), based in Brookfield, Wisconsin. Maelstrom Technology Solutions, LLC is the developer and owner of the Patriot software service and Web Site. These Terms of Use apply to your access to and use of the Patriot Web Site, subject to the terms of any pre-existing written service agreement between Patriot and you. These Terms of Use constitute a contract between Patriot and you (“Authorized User”).

Section 2. Passwords.

Upon accessing the Web Site, you will be required to create a unique User ID and password. You are responsible for maintaining the security of that User ID password. If you believe that your User ID or password has been compromised, you must immediately contact Patriot.

Section 3. Permitted Uses for Web Site.

As an Authorized User of its Web Site, Patriot grants you permission to access and use the Web Site, software, services and content including, but not limited to, data, tests, graphics, images and other material (collectively “Content”). You have permission to view, copy, and print in hard copy, portions of the Web Site Content for your personal, non-commercial use. Any other use of the Content on this Web Site without the prior written permission of Patriot is strictly prohibited.

Section 4. Compliance with Law.

By accessing this Web Site, you agree to use the Content offered by Patriot in a manner which is consistent with all applicable federal, state and local laws and regulations.

Section 5. Distribution of Funds.

  • Patriot distributes donations it receives to the designated recipients within ten (10) business days of receipt or within a time period established by law, whichever is sooner. If a recipient requires distribution of the proceeds on an expedited basis, Patriot may, in its sole discretion, expedite the distribution at additional expense to recipient. In no event shall Patriot be liable to any person or entity for any delays in distribution of funds.
  • Chargebacks: A chargeback occurs after a buyer contacts their credit card issuer to dispute a charge that appears on their credit card statement. Chargebacks may be issued for a number of reasons including but not limited to the following:
    • An unauthorized party has made a purchase with the buyer`s credit card.
    • The buyer has concerns about the validity of the purchase.
    • The buyer has been charged multiple times for the same order.
    • The buyer is unsatisfied with a purchase and hasn`t been able to resolve the problem with the merchant.
    • The buyer hasn`t received the purchased items as they were described.
    • The buyer hasn`t received the purchased items.
    • Processor deems a transaction to be illegal or suspicious and mandates a reversal.
  • Client agrees to pay a fee of $30 for each chargeback or processor mandated reversal. Client agrees these fees can be pulled from the credit card on file or collected by outside means if required. See statements on legal proceedings for payment of fees.
  • We reserve the right to withhold funds we believe were collected in an illegal manner. We also reserve the right to reserve up to 30% of the collected funds in cases where we believe the number of chargebacks may be high.

Section 6. Prohibited Uses.

When accessing or using the Web Site or its Content, Authorized Users are expressly prohibited from:

  • Engaging in Illegal Conduct: Engaging in any conduct that may constitute a criminal offense, give rise to civil liability or otherwise violate any federal, state or local law or regulation.
  • Violation of Intellectual Property Rights. Using this Web Site, to store or transmit data from or to this Web Site in any manner which violates or infringes the intellectual property, confidentiality or privacy rights of others.
  • Misuse of the Web Site. Using this Web Site to:
    • upload or transmit viruses, Trojan horses, worms, or any other code designed to harm or disrupt the normal operating procedures of the Web Site;
    • interrupt, damage or render the Web Site less efficient, or may impair its effectiveness or functionality;
    • engage in any activity that improperly restricts or inhibits any other Authorized User from using the Web Site;
    • cause any harm to an Authorized User when accessing or using the Web Site.
  • Commercial Uses. Modifying, posting, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through this Web Site for advertising, commercial solicitation or public purposes.
  • Inappropriate Content. Using this Web Site to
    • upload, post, store or transmit any content or materials which are unlawful, defamatory, obscene, sexually-explicit, menacing, threatening, defamatory, abusive, hateful, or that may cause undue annoyance, embarrassment, inconvenience or anxiety to another person or legal entity;
    • impersonate another person when using this Web Site.
  • Misappropriation of Web Site Software or Content. Reverse engineering, re-engineering, altering, corrupting, hacking, unlocking, decomposing, disassembling, recreating, creating prototypes from, copying, stealing, removing copyrights from or otherwise misusing or attempting to misuse the Content.
  • Transaction Usage. We keep our monthly costs low because we benefit from the transaction fees associated with credit card processing. If a customer is found to be using Patriot as their primary donor database but is using another transaction provider, this will be grounds for forced cancelation of services if it cannot be remedied.

Section 7. Ownership of Content.

The Content of this Web Site is protected by the United States copyright laws. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.

Section 8. No Warranty.

Patriot attempts to provide accurate information on this Web Site. However, the Web Site and its Content may contain inaccuracies or errors. Patriot is not responsible for the accuracy, reliability, completeness, or timeliness of the Content or any result to be obtained from using the Web Site or the Content. Content contained within this Web Site is provided for general informational purposes only and on the understanding that none of the Content herein constitutes legal or other professional advice.

THE WEB SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. PATRIOT DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.

PATRIOT DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL CODE OR CONDITIONS. IF YOUR USE OF THE WEB SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, PATRIOT IS NOT RESPONSIBLE FOR THOSE COSTS.

Section 9. Limitations of Liability/Disclaimer of Special Damages.

IN NO EVENT SHALL PATRIOT, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DAMAGES WHATSOEVER INCURRED BY ANY AUTHORIZED USER, OR ANY PERSON OR ENTITY IMPROPERLY ACCESSING ON USING THE WEB SITE (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PATRIOT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY FOR PATRIOT TO YOU FOR ALL CLAIMS ARISING FROM THE USE OF THE CONTENT IS LIMITED TO $100.

Section 10. Use Submissions.

Patriot does not screen communications in advance and is not responsible for screening or monitoring material posted by users of the Web Site. If notified by a user of communications which allegedly do not conform to these Terms of Use, Patriot may investigate the allegation and determine in good faith at its sole discretion whether to remove or request the removal of the communication. Patriot reserves the right to remove communications which violate these Terms of Use.

Patriot does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of the Web Site or endorse any opinions expressed by users of the Web Site. You acknowledge that any reliance on material posted by other users of the Web Site will be at your own risk.

Section 11. Remedies.

If you violate these Terms of Use, Patriot reserves the right to immediately terminate your account and prevent your further access to the Web Site for violating. If you violate these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of the Content.

Section 12. Links to Other Sites.

The Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Patriot of the contents of such third-party web sites. Patriot is not responsible for the content of linked third-party web sites and does not make any representations regarding the content or accuracy of material on such third-party web sites. If you decide to access linked third-party web sites from Patriot’s Web Site, you do so at your own risk.

Section 13. Indemnity.

You agree to defend, indemnify, and hold harmless Patriot, its officers, directors, employees and agents, from and against any claims, actions, liabilities, damages, judgments or demands in any way related to or resulting from your use of the Web Site or the Content or your violation of these Terms of Use.

Section 14. Ownership; Applicable Law.

These Terms of Use are governed by the internal substantive laws of the State of Wisconsin, without reference to its conflict of law principles.

By using this Web Site, you consent to jurisdiction in Milwaukee County, Wisconsin, U.S.A. to resolve any dispute. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Section 15. Severability; No Waivers.

If any provision of these Terms of Use is found invalid by any court having competent jurisdiction, the remaining provisions of these Terms of Use shall remain in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of these Terms of Use.

Section 16. Entire Agreement.

Except as expressly provided in a written signed agreement between the parties, these Terms of Use and Patriot’s Privacy Policy constitute the entire agreement between Patriot and the Authorized User with respect to the access to or use of the Web Site or its Content.

Section 17. Changes to Terms of Use.

Patriot reserves the right to change terms and conditions applicable to this Web Site, or to impose new terms and conditions. You have the responsibility to periodically review the posted Terms and Conditions for any revisions.