Last Modified: April 12, 2021
Alina’s Light, Inc. (“Alina’s Light“) welcomes you. Alina’s Light provides this website and its services to you subject to these Terms of Use (the “Terms of Use”), which constitute a binding contract between you and Alina’s Light and govern your use of the website and services located at alinaslight.com (the “Site”).
BY ACCESSING AND USING THE SITE IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE SITE IN ANY MANNER.
USE OF THE SITE
This Site is offered and available to users who are 18 years of age or older, and who reside in the United States or any of its territories or possessions.
The materials provided on the Site, including but not limited to information, documents, articles, images, photos, text, graphics, logos, button icons, images, digital downloads, software, video clips, sound clips and data compilations (“Site Content”) are provided either by Alina’s Light or by its service providers and may be copyrighted. Alina’s Light grants you a non-exclusive, revocable, limited license to view and use the Site and the Site Content for personal, non-commercial purposes.
Permission from Alina’s Light must be obtained before any Site Content is 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 other means. You may use the Site Content in the ordinary course as intended by Alina’s Light in connection with the following permitted uses (“Permitted Uses”): (1) learning about nonprofit organizations for purposes of evaluating them as potential recipients of personal charitable donations; (2) investigating nonprofit organizations for purposes of providing goods or services to them or entering into other business relationships with them; and (3) conducting comparative or other “best practices” research purposes. Any permitted reproduction, distribution or other use of such information must be accompanied by the following notice: “© 2019 by Alina’s Light, Inc.” For our references, we request a copy of the material in which our information is used.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify Alina’s Light immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Alina’s Light has the right to disable any user name, password or other identifier, whether chosen by you or provided by Alina’s Light, at any time in its sole discretion for any or no reason, including if, in its opinion, you have violated any provision of these Terms of Use.
NO UNLAWFUL OR PROHIBITED USE
While using the Site, you may not:
(i) restrict or inhibit any other user from using or viewing the Site;
(ii) use the Site for the benefit of any third party, other than in connection with a Permitted Use;
(iii) republish, distribute, change, modify, mirror, frame, rent or sell in any manner, directly or indirectly, any component of the Site or the Site Content, or any derivative works with respect thereto, without prior written consent by Alina’s Light;
(iv) disassemble, decode, decompile or otherwise reverse engineer the Site or the Site Content or any interfaces or software programs comprising the same;
(v) use any data mining, robot, spider, scraper, or other automated means to access or gather information from the Site or the Site Content for any purpose without our express written permission; however, this provision shall not apply to the indexing or updating of search engines;
(vi) take any action that would impede or interfere with the operation of the Site or the Site Content or materially alter the contents of the Site or the Site Content without the consent of Alina’s Light;
(vii) use the Site or Site content in any way which violates any applicable law;
(viii) transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
(ix) transmit to the Site any information or software that contains a virus, Trojan horse, worm, or other harmful component, or in any way attempt to interfere with the proper working of the Site;
(x) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Alina’s Light or users of the Site or expose them to liability; or
(xi) otherwise violate any standards or directions Alina’s Light may indicate from time to time.
PRIVACY POLICY
You agree to the terms of our Privacy Policy, which is incorporated by reference.
DONATIONS MADE THROUGH NETWORK FOR GOOD
To the extent that you make any donation through the Site, you represent and warrant that: (1) you are at least 18 years of age; (2) you possess the legal authority to create a binding legal obligation; (3) all donations made by you are made on behalf of yourself or on behalf of another person for whom you are legally authorized to act; and (4) all information supplied by you is true, accurate, current and complete. If you do not receive an email confirming your donation after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with Alina’s Light whether or not the donation has been made. Alina’s light and its agents will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you did not receive confirmation. You will be responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Alina’s Light or any other third party caused by or arising out of your breach of this agreement, and you agree to reimburse Alina’s Light for any all such liability. Alina’s Light is not responsible for your activities or the activities of third parties in completing donation transactions.
The donations you may make through our Site will be treated as charitable donations for all purposes. You hereby agree that such donations and any information shared in connection therewith are governed by these Terms of Use as well as the terms of any third-party provider collecting the donations and the related information on our behalf. For clarity, Alina’s Light uses third-party providers to process donations on our behalf (e.g., PayPal, PNC Merchant Services). Any information that you share with a third-party provider in connection with your donation to Alina’s Light will be subject to the terms and policies of that third-party provider processing your donation on our behalf. Alina’s Light is not responsible for and will not be held liable for any act or omission of any such third-party provider. We keep a record of each donor’s giving history for internal business purposes, IRS purposes, and to otherwise comply with applicable law. You acknowledge and understand that we may be required by law to report information about the donations and we will do so to comply with our legal obligations.
CONTENT SUBMISSION GUIDELINES
Any party posting or submitting content to the Site agrees that he /she / it will not post any material which: is defamatory; obscene; invasive of another’s privacy; infringes a patent, trademark or copyright; misappropriates or discloses another’s trade secret or confidential information; or otherwise violates the rights of Alina’s Light or any third party, and further agrees not to represent him or herself as someone else. You agree to comply with all directions and requirements advised from Alina’s Light regarding posting or submitting of content. You are solely responsible for the materials you upload to the Site. Alina’s Light is not under any obligation to monitor the information residing on or transmitted to the Site, but if it should choose to do so, any party posting information to the Site agrees that Alina’s Light may modify or delete any information residing on or transmitted to the Site, including without limitation, information that, in its sole discretion, it believes is inappropriate, unacceptable, in violation of these Terms of Use, a violation of rights or of any law or regulation, or impedes the operation or management of the Site. The use, display, distribution or publication of any materials posted by third parties on the Site does not constitute or imply an endorsement of such materials or their contents by Alina’s Light and Alina’s Light expressly disclaims all responsibility for such materials.
Any party posting information represents and warrants that he /she / it is the sole owner of all rights in such materials, including copyrights, or has the right to use and license the use of such materials (including without limitation posting such materials on this Site). The posting party agrees that Alina’s Light may use in any manner and without limitation all such posted materials, that all such materials will become a part of Alina’s Light database, and Alina’s Light will own all content that it creates based upon or incorporating such material. The posting party hereby grants to Alina’s Light and its representatives and agents a perpetual, worldwide, irrevocable right and license to use, reproduce, display, publish, perform, modify and distribute such materials and any portion or derivative work thereof, with the right to assign and sublicense, without any obligation of compensation, credit or attribution to the posting party.
Please note that you are solely responsible for the documents you upload to the Site. You should not to upload Schedule B (List of Contributors) with the Form 990 for any public charity. You should block any signatures, social security numbers from any documents uploaded to the site, and should block personal addresses from any documents that are visible to the public. Alina’s Light reserves the right to refuse any document. In addition, Alina’s Light has the right to remove or disable any document or otherwise at any time for any reason.
NO ENDORSEMENT
Unless otherwise specifically indicated, the presence of information on the site regarding any nonprofit organization does not mean that Alina’s Light endorses or supports that organization. The information provided on each profile is provided by the nonprofit organization itself. Alina’s Light does not guarantee the accuracy of any such data or make any representations or warranties with regard to any organization profiled in this database. An organizational profile, as viewed or printed from this system, is not intended to be a user’s complete source of information regarding an organization. Rather, it can serve as a way for a user to initially screen an organization and decide if that organization warrants further examination. If prospective donors have further questions about an organization, they may either contact the organization directly or contact Alina’s Light.
NO FINANCIAL, LEGAL OR TAX ADVICE
The information on the site is provided for educational and/or informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on for any such purpose. We suggest that you consult an attorney, accountant and/or financial advisor to answer any financial or legal questions.
ADVERTISERS
Alina’s Light may, in its sole discretion, accept advertising on the Site. However, Alina’s Light makes no representations or warranties of any kind, whether express or implied, regarding any of the advertisements located on the Site. You agree that each advertiser, and not Alina’s Light, is responsible for the accuracy and content of its advertisements. Any dealings that you have with advertisers found on the Site are between you and the advertiser. Therefore, we recommend that you undertake your own due diligence before entering into any agreement with an advertiser. You acknowledge and agree that we will not be liable for any loss or claim you may have against an advertiser whether arising out of such advertiser’s content, services or products. If you decide to use third-party services, you are responsible for reviewing and understanding the terms and conditions governing any third-party services. You agree that the third party, and not Alina’s Light, is ultimately responsible for the performance of the third-party services and/or the provision of the third-party products.
LINKS TO OTHER SITES
Alina’s Light welcomes the opportunity to link with other sites. However, express permission must be obtained from the webmaster before sites can be linked to the Site or vice versa. The Site may contain links to third-party websites which are not under the control of Alina’s Light. Alina’s Light is not responsible for the content of any linked site or for any link contained in a linked site, or any changes or updates to such sites. Alina’s Light is providing these links to you only as a convenience, and the inclusion of any link does not imply that Alina’s Light endorses, guarantees, or accepts any responsibility for the content on such a third-party site. If you link to a third-party website, you will be subject to such website’s legal terms and policies including, without limitation, such website’s terms of use and privacy policy.
INTELLECTUAL PROPERTY RIGHTS
The Site, all Site Content and related rights are the exclusive property of Alina’s Light, its affiliates or its service providers, and are protected by copyright, trademark and other intellectual property laws, regulations and standards. These materials may not be copied, reproduced, or distributed for commercial purposes, nor may these materials be modified, uploaded, downloaded or reposted, in whole or in part, to other websites. You may not reproduce, modify, distribute, create derivative works from, copy, transmit or publicly display the Site or the Site Content, in whole or in part, except as is expressly authorized by these Terms of Use. If you would like to make copies and/or distribute any portion of the Site or the Site Content in ways not expressly authorized by these Terms of Use, you must contact Alina’s Light for written permission, which it may grant or withhold in its sole discretion.
Alina’s Light name and all related names, logos, product and service names, designs and slogans are trademarks of Alina’s Light or its affiliates or licensors. You must not use such marks without the prior written permission of Alina’s Light. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
COPYRIGHT INFRINGEMENT
Notice and Takedown Request
Alina’s Light respects others’ intellectual property rights. However, the Site contains information from third-party sources. If you believe that your copyright interests are being infringed by anything on the Site, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing a written statement to Alina’s Light, Attention: Secretary – Ember Holmes, at 2 PPG Place, Suite 400, Pittsburgh, PA 15222, eholmes@dmclaw.com (via certified or registered mail), which notification must include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that allegedly has been infringed; (2) a description of the copyrighted work that you claim has been infringed, including the web page address of the location where the copyrighted work exists or a copy of the copyrighted work; (3) a description or location of the material on the Site that you claim is infringing; (4) information we can use to contact you, including your address, telephone number, and e-mail address; (5) a statement by you that you have a good faith belief that the use of the allegedly infringing material is without the authorization of the copyright owner, its agent, or applicable law; and (6) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. It is Alina’s Light policy in appropriate circumstances to disable and/or terminate the accounts of repeat infringers.
Counter-Notice
If you believe that any content that you previously submitted to the Site which was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to post and use the content at issue, you may send a counter-notice containing the following information to Alina’s Light at the physical and/or e-mail address set forth above, which counter-notice must include: (1) your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location within the Site at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in which your address is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by Alina’s Light, it may send a copy of the counter-notice to the original complaining party informing that person that Alina’s Light may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Alina’s Light’s sole discretion.
INDEMNIFICATION
You shall indemnify, defend and hold harmless Alina’s Light, its affiliates, volunteers, partners and service providers, and their respective directors, officers, employees, affiliates and agents and their heirs, successors and assigns, from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney’s fees) arising out of or relating to your acts or omissions related to your use of the Site, or any violation by you of these Terms of Use or any applicable law or third party rights. This Section shall survive the termination or expiration of these Terms of Use.
DISCLAIMER
The site and all site content is provided on an “as is” and “as available” basis. You expressly agree that your use of the site and the site content is at your sole risk. Alina’s Light, its affiliates, partners and service providers make no representations or warranties of any kind, express or implied, as to the operation of the site, including, without limitation, that the site will be uninterrupted, timely, secure, error-free, or free of viruses, worms or other malicious software. Alina’s Light does not warrant that the site content will be accurate, up-to-date, or otherwise reliable. Please note that no advice or information obtained through the site shall create any warranty not expressly provided for in this terms of use agreement. You expressly acknowledge that the site will be unavailable from time to time, and will contain errors (which may or may not be corrected).
To the full extent permitted by applicable law, Alina’s Light disclaims all warranties, express, implied or statutory, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
LIMITATION ON LIABILITY
In no event shall Alina’s Light, its affiliates, partners or its service providers and their respective officers, directors, employees, consultants, agents, and subsidiaries be liable for: (i) any direct, indirect, special, incidental, consequential, reliance or exemplary damages, including without limitation damages for loss of profits or data, arising out of or resulting from this site, content, use, inability to use, related services, or linked websites or content or services, under any legal theory, even if advised of the possibility of such damages and notwithstanding the failure of essential purposes of any limited remedy; and (ii) (if the above limitation of liability is not permitted by law) total aggregate liability greater than $100.
SPECIAL JURISDICTIONAL ISSUES
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. The exclusion of warranties and limitation of liability herein shall apply as much as legally permissible.
If you are a California resident, you waive California Civil Code Section 1542 which reads: “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.”
TERMINATION OF YOUR USE OF THE WEBSITE
You agree that Alina’s Light may terminate your use of the Site, for any reason, including, without limitation, for lack of use of the Site or if Alina’s Light believes (in its sole judgment and discretion) that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to the Site under any provision of this Terms of Use may be effected without prior notice to you. In addition, Alina’s Light reserves its right to take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the Site or other activities.
Without limiting the foregoing, the Alina’s Light has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Alina’s Light to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS ALINA’S LIGHT, AND ITS AFFILIATES AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
GOVERNING LAW; LOCATION OF LAWSUITS
These Terms of Use shall be governed and construed by the laws of the Commonwealth of Pennsylvania, without regard to choice of law rules. You agree that, by entering into these Terms of Use and accessing and/or using the Site, you are transacting business in the Commonwealth of Pennsylvania and are subject to jurisdiction in its courts. Any legal or equitable action arising from these Terms of Use or in connection with the Site shall be commenced and maintained in a court of competent subject matter jurisdiction within the Commonwealth of Pennsylvania, and you consent to personal jurisdiction and venue in any such court. In the event it is held that jurisdiction or venue is wanting in such a court (despite the foregoing), an action then may be commenced in any other court having proper jurisdiction under applicable statutes and court rules. In the event of any dispute adjudicated between the parties, whether in litigation or permitted appeal, the prevailing party shall be entitled to recover from the party not prevailing its reasonable attorneys’ fees and costs incurred in such proceeding. You agree you may not bring a claim or assert a cause of action, in any forum or manner, more than one (1) year after the cause of action accrued, except where you could not have reasonably discovered the wrong giving rise to the claim within the basic facts supporting the claim within one (1) year.
Alina’s Light makes no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
OTHER TERMS
These Terms of Use constitute the entire agreement between you and Alina’s Light in connection with the subject matter hereof. The waiver or any modifications of any provision of this Terms of Use or any right, power or remedy hereunder shall not be effective unless made in writing and signed by Alina’s Light. No failure or delay by Alina’s Light in exercising any right, power or remedy with respect to any of its rights hereunder shall operate as a waiver thereof. If a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. Alina’s Light shall have no liability whatever for delays or interruptions in delivery or accessibility of any portion of the site, interruptions of service or other breach of these terms of use due to fire, explosion, lightning, power surge or failure, water, acts of god, war, civil disturbance, terrorism, acts or omissions of communications carriers, or other causes beyond Alina’s Light reasonable control.
LICENSES AND ADDITIONAL INDEMNITY BETWEEN ALINA’S LIGHT AND PROFILED AGENCIES
If you have provided information on issues of management and governance, financial history and programs in an organizational profile process (the “Organizational profile”), you grant a non-exclusive, fully-paid, irrevocable right to Alina’s Light to (i) include such Organizational profile in its nonprofit inventory and in the Site Content, (ii) create derivative works of the Organizational profile, (iii) use such information and disclose it to third parties, and (iv) sublicense the Organizational profile to its service providers and business partners. You also grant to Alina’s Light and its agents a non-exclusive right to use any trademarks and tradenames which you include with the Organizational profile and to disclose and/or sublicense them as provided in the foregoing sentence. You represent and warrant your right to grant the licenses set forth herein and that the Organizational profile, trademarks and tradenames are original works and are true and accurate, that nothing in the Organizational profile is obscene, libelous or unlawful and that the Organizational profile, trademarks and tradenames do not infringe any third party’s copyright, patent, trade secrets or other intellectual property rights. In addition to any other obligations herein, you agree to defend, indemnify and hold harmless Alina’s Light and its affiliates, volunteers, partners and service providers, and their respective directors, officers, employees, affiliates and agents and their heirs, successors and assigns (“Indemnitees”), from and against any and all liabilities, demands, losses, damages, costs, expenses, fines, amounts paid in settlements or judgments, including without limitation, costs, reasonable attorneys’ fees, witnesses’ fees, investigation expenses, cost of management time, any and all out-of-pocket expenses, consequential damages, and all other expenses and costs incident thereto (collectively referred to as “Damages”) resulting from: (i) any claim, lawsuit, investigation, proceeding, regulatory action, or other cause of action, which may be suffered by reason of any loss, damage, death, injury, and/or other reason arising out of or in connection with the trademark, trade name and/or Organizational profile; (ii) the breach or alleged breach by Agency of the warranties or representations contained in this Terms of Use, and/or (iii) any infringement or alleged infringement of any patent, trademark, copyright, trade secret, or other intellectual property right resulting from receipt or use of the Organizational profile, trademarks and/or tradenames. You may make changes to the Agency’s Profile by communicating such changes in writing to us. Any and all changes made to the Organizational profile will be included in the definition of “Organizational profile” for purposes of this license and indemnity.
MODIFICATIONS TO THE TERMS OF USE
Alina’s Light reserves the right, for any reason, in its sole discretion, to change, modify, update, add or remove portions of these Terms of Use at any time. We will notify you of any material changes to these Terms of Use by posting a notice on the Site; however, you should check these Terms of Use periodically for changes. Your continued use of the Site following the posting of any changes will signify your acceptance of those changes and the revised Terms of Use.
MODIFICATIONS TO THE SITE
Alina’s Light reserves the right, for any reason and without notice, in its sole discretion, to change, modify, add, suspend, remove, discontinue or terminate access, in whole or in part, to the Site or any aspects of the Site at any time. Alina’s Light further reserves the right to impose registration, password and other securities precautions on access to certain portions of the Site at any time (and you agree to comply with any such procedures).