Welcome to The Nonprofit Marketplace ™ ("the Marketplace", "we", "us"), a service of eFundraise.org. Whether you are interested in becoming a Nonprofit Fundraiser, a Nonprofit Beneficiary, or an Independent Seller (consider defining these terms), accepting this Terms of Service Agreement (Agreement) is the first step in registering as a member of the Marketplace.

Please read this Agreement carefully, as it lays out the entire terms and conditions governing the use of our website and online selling service. One of our primary applications is the ability to list new and used products for sale on multiple online marketplaces such as eBay Stores, ABEBooks, and Alibris. You understand that the Marketplace has no professional affiliation or partnership with any third-party selling venue beyond the relationship of participating merchant.

If you have questions about this Agreement, please contact our Support Team.

An independent e-commerce and fundraising service, The Nonprofit Marketplace provides access to information and a custom selling application through our website (Site), www.eFundraise.org. Specifically, we provide functionality to conduct online transactions of new and used books, music compact disks (CDs), VHS cassettes and DVDs across a variety of third-party online seller marketplaces. In our Site's member area, we provide a series of dynamic and interactive resources for managing many aspects of online sales, including resources which allow the user to track earnings, manage open and closed listings, request buyer refunds, and download informational documents and templates. We also provide additional services which include facilitating buyer payments, issuing buyer shipping confirmations, processing buyer refunds across marketplaces, answering general buyer inquiries (via email), and furnishing direct seller and customer support services as needed.

Consistent with our mission, we provide the means and infrastructure to allow participating sellers to donate a portion or all of their earnings to a nonprofit organization (NPO). We do this by receiving and processing payments for all goods sold via our system (on multiple sales platforms) and then distributing these earnings, less a small deduction for our services, to the participating user and/or designated NPO.

As described in greater detail elsewhere, we also provide a charitable beneficiary program exclusively for our nonprofit members. All registered nonprofits, regardless of their intention to conduct direct online sales (as shown in their status as either "Nonprofit fundraising groups" or "Nonprofit recipients") are automatically enabled to receive bonus cash donations from Independent Sellers who sign up to donate to them a portion of proceeds earned from online sales.

Active inventory. You agree to maintain an active inventory at all times, meaning that any item you list for sale remains readily available and in your possession until that item is sold or your listing for that item is cancelled by you.

Access to email. You agree to provide us with a working email account and to keep it operable at all times. You agree to routinely check this email account (we suggest a minimum of three (3) days per week) as it is our source of communication with you regarding your activity (purchase orders, other examples, etc.) on the Site.

Ship items. You agree that you are solely responsible for delivering all merchandise sold to the buyers. You agree that you will ship such merchandise in a professional manner so as to protect such merchandise during shipment. You agree that you will receive shipping instructions via email and that you will ship such merchandise within two (2) business days from the time you were sent shipping instructions, using the shipping method and recipient(s) as listed in the email. You agree that if you are unable to locate an item in your stock for any reason within this timeframe, you must click the Refund link in the email, request a Refund on your member page on the Site, or notify us at after attempting both these options.

Customer service. While the Marketplace will aid in fielding general buyer inquiries, you agree that you may be required to answer questions posed by a prospective or current buyers. In such case, we may forward such correspondence to you or have such buyer contact you directly. You agree to respond to such questions in a professional manner, within two (2) business days of such correspondence being sent to you (see instructions outlined in the Program Guide).

Refund items. You agree that a buyer may request a refund for merchandise you have sold them for any reason, including, but not limited to items damaged in shipment, items that do not arrive within a commercially reasonable time, and items that are deemed by the buyer to be inferior in quality or different in nature as compared to how you described their quality and nature. In such cases, you agree to request a buyer refund when appropriate on your member page (see instructions outlined in the Program Guide).

For so long as you are registered with the Site as a participating NPO (Nonprofit Fundraiser or a Nonprofit Beneficiary), you are eligible to receive bonus cash donations as a Charitable Beneficiary. We will post basic information about your organization on the Site, including the name and location of your organization. We will also post a web link to your homepage, if you supply us with one. We will permit any Independent Sellers to select your organization as the Charitable Beneficiary for any listings submitted by such Independent Sellers. You agree that being selected as a Charitable Beneficiary is no guarantee of any donation to your organization. You agree that the Independent Seller may opt to only provide you with a portion of its sales proceeds. You agree that the Independent Seller is not required to donate to your organization and may revoke its selection of your organization with or without notice to you.

You understand that if your organization is selected as a Charitable Beneficiary by an Independent Seller and its specified sales are completed, without refund, we will distribute the amount, as specified by the Independent Seller, to you within a commercially reasonable period of time via electronic funds transfer to the designated account specified in your Site account. You agree to undertake any actions necessary to authorize us to make such distributions to you, including, but not limited to, instructing your bank or other financial institution to permit such transfers or instructing your bank or other financial institution to provide us with such information as we may require in facilitating such transfer(s). You agree, if we so request, to execute a written agreement authorizing such electronic funds transfers.

You understand and agree that our obligation to fulfill donation requests to your organization is subject to you providing us with correct financial information, your organization's legal status as an NPO in good standing, and adherence to any applicable laws. In the event of issues with any of these cases, you understand and agree that we may withhold donations to your organization. Furthermore, you understand and agree that we are not required to hold such donations while any such issues are resolved and that we, at our discretion or that of the Independent Seller, redistribute such donations or revoke them altogether. Further details regarding this policy can be found in the Program Guide.

You agree that as an NPO in good standing, you bear sole responsibility for complying with all laws, rules and regulations applicable to your activities under this Agreement and, if applicable, to your status as a Tax-Deductible Organization. You understand that you may have obligations to register under state or local laws regarding charitable solicitations. You understand and agree that we have no obligation to assist you with any such registration; nor do we have any liability for your failure to register properly. You understand and agree that it is your responsibility to bear all costs associated with your organization's compliance with such requirements. You agree that any donations you receive under this Agreement will be used solely in accordance with your status, official or intentional, as an NPO in good standing.

You agree that if you receive any donations under this Agreement after you have ceased to operate as an NPO in good standing or after this Agreement has been terminated for any reason, you shall promptly refund the full amount of any such donations to us as well as notify us of your change in NPO status. We reserve the right to withhold unpaid donations and to ban you from our Charitable Beneficiaries list should you fail to make such a refund.

You understand and agree that registering as a Nonprofit Recipient or Nonprofit Beneficiary is only a distinction within our Site, and does not entitle you to perform functions or advertise any nonprofit status as a result of your affiliation with the Marketplace; this especially holds true if your group is not 501(c)(3) enabled and has been accepted to participate under exceptional status.

This Agreement becomes effective upon your completed and accepted registration with our Site. You are officially considered a member when you receive e-mail notification that your registration form has been accepted, and your username and password are activated. Once in effect, this Agreement will continue in operation until terminated by either you or us.

In order to become a member of the Marketplace, you must be a legal resident of the United States of at least 18 years of age. If you are registering on behalf of a nonprofit group, you must affirm your position as official representative for your group, and warrant to the Marketplace that (i) the organization is an NPO in good standing, preferably with 501(c)(3) tax code determination; (ii) you, as signatory, operate with the full consent of your organizing board committee, contain power to represent it, and maintain compliance with all procedures mandated by the organization, including those set by any unit, local, district, state, national, and/or international levels; and (iii) that you and your organization are located within the continental United States (excluding Hawaii and Alaska) and governed by its laws.

The registration form requires that you provide certain contact information and security information, which we save and maintain in a database. We will treat your information according to the terms of our Privacy Policy, which is incorporated by reference. You agree that all information provided in the registration form will be correct and maintained as accurate and complete. You may update or correct such information at any time by contacting us or by accessing the "Settings" area of your member page.

We reserve the right to refuse service to any individual or organization for any reason, including suspicion that the party condones, promotes or engages in practices suspected to be illegal, unethical, sexist, racist, homophobic, or otherwise discriminatory to certain people or groups of people.

You understand and agree that the Marketplace, in its sole discretion, may terminate this Agreement, access to your Account, or any sales or listings immediately and without notice for any reason at any time. Likewise, you may, at any time and for any reason, terminate your participation in the service by submitting formal written request. Termination will result in the prompt cancellation and removal of all item listings, if applicable, along with other features, privileges and services. You understand we have no obligation to make any payments and/or donations to you or otherwise to provide any services or perform other obligations under this Agreement, after the termination of this Agreement.

To successfully terminate your account, all relevant transactions of goods, including buyer disputes, returns and refund requests, must be resolved in a complete manner deemed acceptable by us. Certain obligations, if they are considered necessary by us to preserve our own security and privacy, will survive the termination of this Agreement.

Our service was founded and operates on a principle of trust and faith in our participating sellers. Nevertheless we must take precautions against intentional or inadvertent misuse or mishandling of our Service, Accounts, and/or Internet operations. If wrongdoing is suspected of any user, including, but not limited to fraud, embezzlement, unauthorized password sharing, Account neglect, Account misuse, deceptive listing practices, indecent or unprofessional correspondence with Buyers (actual or prospective), we reserve the right to not only terminate this Agreement, but also to involve outside authorities as appropriate.

Certain limitations and restrictions apply to the licenses and rights granted in this Agreement. You acknowledge that these licenses and rights, which include without limitation access to and use of your Marketplace account, may be exercised only by you, your employees and agents (e.g., volunteers) acting on your behalf, and that these licenses and rights may not be assigned to any other person or entity or used on another's behalf. You understand that you remain solely responsible for all conduct of your employees and agents and for their absolute compliance to all terms of this Agreement.

You agree that all listings submitted through our system will comply with applicable requirements, policies and standards of all participating marketplaces, including, but not limited to, eBay, Alibris, and ABEBooks. These include, by way of example, published standards which restrict you from including any false, misleading, defamatory, obscene or illegal statements or other content in any listing, or from submitting listings for defamatory, obscene, illegal or otherwise unacceptable materials.

For so long as you are a participating member, you may access the "member area" of the Site, which consists of certain web pages that contain information and features available only to registered participants, solely for purposes contemplated by this Agreement. We also grant you a non-exclusive, non-transferable license during the term of this Agreement, subject to the terms and conditions herein, to download, install and display the software, scripts and other content that we have specifically identified within the member area as available for download. These materials may include templates, graphic logos and informational tip-sheets.

You acknowledge that The Nonprofit Marketplace owns the Site, and that all associated intellectual property rights, and all rights that are not expressly granted to you by this Agreement are expressly reserved by us. For example, this Agreement gives you no right or license to obtain a copy of any software (whether in object code, source code, script or other form) used by us to operate the Site. You may not modify, distribute or make derivative works of the Site or our Service, nor use the Site for any purposes other than as expressly stated herein. Our software and any non-public aspects of the Site are confidential and considered proprietary information of the Marketplace, and you agree not to disclose or distribute such information.

The Marketplace does not charge any membership or license fees for use of its Services and Site. To cover expenses and maintain our Service, we withhold a sales commission of 10% from all items purchased through our Service. This percentage applies to the final purchase price of items, and is withheld irrespective of actual seller marketplace fees applied by individual sales venues. You understand and agree that marketplace seller commissions are subject to change without notice and that we have no control over them. For current marketplace seller commissions, please visit the respective websites of such marketplaces.

When you are credited for the sale of an item, you are also reimbursed a set shipping credit to cover the cost of mailing. The amount of credits awarded varies according to the item type purchased and the shipping method chosen by the buyer, as displayed by the following scale:

Media Mail: $2.26 (books); $1.84 (CDs, videos, DVDs)
Priority Mail: $5.05 (books); $3.85 (CDs, videos, DVDs)
International: $8.95 (books); $4.95 (CDs, videos); $8.95 (DVDs)

You understand and agree that the credits outlined above do not reflect actual shipping charges, for which you, the seller, are ultimately responsible. While these credits are intended to cover all actual costs, including packaging materials, we expressly make no warranty or guarantee that they will indeed cover such costs. You agree that it is your responsibility as a seller to purchase and supply adequate packing materials in which to ship purchased goods and that we are not required to provide these materials or to reimburse their cost.

You understand and agree that it may be necessary to issue a refund to a Buyer. For every refund issued for an item purchased from you, an appropriate amount will be deducted from your account balance, reflecting the purchase price of the item less any commissions withheld by the Marketplace and the third-party selling venue. Depending on the reason for return, this amount may or may not include the amount of the original shipping credit paid. You understand that refunds, when issued, are usually processed retroactively; and, as such, your earnings for a purchase made during one pay cycle may be deducted from a future pay cycle.

Note that in rare cases, namely those involving refunds, it is possible for your account balance to be negative (i.e., less than $0.00) at the time of a pay cycle. In such as case, the negative balance will remain until it is offset by subsequent earnings. Alternatively, we reserve the right to bill you for any negative balance that persists for more than sixty (60) days.

You understand and agree that this Agreement cannot be officially terminated until all transactions have been resolved to our satisfaction. As a result, even if your membership is no longer active, you may still be held responsible for furnishing funds resulting from refunded merchandise. We reserve the right to bill you for any such amount owed.

The Marketplace does not charge any service or credit card fees for the processing of online donations, such as in the case of contributions made to Charitable Beneficiaries. In such cases, so long as both parties are in good standing and we are able to transfer funds in the attempted method, the correct donation percentage (as specified by the Independent Seller) will be transferred to its recipient in full.

The Marketplace reimburses all members for their earnings and/or donations on a fixed schedule of twice per month. Payments are made in a manner requested by the member (on the registration form), either via electronic funds transfer or as a paper check.

You understand and agree that you bear full and sole responsibility for complying with all laws, rules and regulations applicable to all activities under this Agreement, including, potentially, those with regard to your status as a Tax-Deductible Organization; this includes, by way of example, obligations to register under state or local laws to engage in charitable solicitations.

You understand and agree that you bear full and sole responsibility for determining whether sales, use, or similar taxes apply to completed transactions and as well as to collect, report, and remit any such taxes to the appropriate tax authority.

The Service of The Nonprofit Marketplace, its Site, member section, e-commerce database application, downloadable tools and source materials, are provided on an "as is" basis. We make no other representations or warranties of any kind, express or implied, under this Agreement, including, without limitation, any warranties of merchantability, and fitness for a particular purpose, title, non-infringement, data accuracy or system integration. No warranty is made by us on the basis of trade usage, course of dealing, course of trade or course of conduct. You acknowledge that we make no representations or warranties regarding the performance, efficiency or availability (including "uptime" or "downtime") of our own Site or listing management software or repricing mechanisms, or that of third-party marketplaces, or that our services and components will be uninterrupted or error-free, will operate as expected, or will meet your particular needs or purposes. Nor do we make any warranties regarding potential customer disputes, requests for return of merchandise, or refunds, or any loss of earnings resulting thereof; while we intend to make ourselves available to mediate in these instances, containing ultimate discretion in course of action, we disclaim any warranty or liability in the event a resolution cannot be found or is not to your liking. You understand that we do not make any representations or warranties regarding legal requirements to which you or your organization may be subject, including, but not limited to, those requirements governing the receipt and resale of in-kind donations, the ability of a donor or purchaser to obtain tax deductions or benefits as a result of transactional participation, and other aspects regarding the general practice of not-for-profit e-commercial fundraising. Under this Agreement, we make no representations or warranties that you will receive any minimum amount of earnings or donations or complete any minimum amount of transactions. To the fullest extent permissible by applicable law, we disclaim any and all such warranties.

In particular, one of our Service offerings involves "free automatic repricing" of your inventory. This offering involves special software, administered and licensed by us, which modifies the prices of goods in your inventory according to numerous variables (e.g., condition, market competition) which are customized by you. This repricing service is optional, and by default, you are not subscribed to this offering; if you wish to use it, you are required to specify certain parameters on your member page ("Repricing" tab), the subsequent changes and effects for which you are fully responsible. We make no warranty nor assume any responsibility for the validity, fairness or outcomes of any acts of repricing. You understand that by utilizing our repricing service, you assume all financial risk associated with its use and are required without exception to regard all sales as final regardless of the actual selling prices.

You understand and agree that the Marketplace is not liable for any damages of any kind, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection with the Agreement and/or Service. Specifically, we disclaim liability for any damages connected to denied registration, the actions and consequences of third-parties (e.g., volunteers) performing services on your behalf, and all transactions and interactions, monetary and personal, entered into or neglected between you and a Buyer or between you and our personnel.

You understand and agree that you will indemnify and hold harmless the Marketplace and its affiliates (and their respective employees, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including attorneys' fees) arising out of any claim that relates to: (i) any actual or alleged breach of representations, warranties, or obligations defined in this Agreement; (ii) the sale and/or return of products over mentioned online marketplaces, or taxes as they apply; (iii) lost, deleted or cancelled item listings or transactions regardless of source such as may issue, by way of example, from computer error, Account interception, hacking or virus/worm infection; and (iv) any failure of delivery, any unexpected disbursements, or any costs of lost, mishandled or damaged data or liabilities regardless of circumstance.

The Service may only be used for lawful purposes and in a lawful manner. As a participating member, you are responsible for complying with all federal, state and local laws, statutes and regulations, including but not limited to, rules and regulations governing NPOs, online commercial enterprises, and charitable solicitation of in-kind gifts.

If we suspect any participant, organization, or affiliate is violating a law or regulation, we reserve the right to report this suspicious activity, along with relevant contact information, to appropriate law enforcement officials, regulators, or other third parties.

This Agreement represents the entire agreement between you and the Marketplace and supersedes all prior negotiations, understandings and agreements between you and us. As a member of the Marketplace, you agree to all requirements, policies and conditions set forth in this Agreement, together with other documents incorporated herein by reference. These documents include, but are not limited to, all agreements, terms and conditions published by the third-party marketplaces on which your goods are sold, such as those company-issued documents posted on eBay.com, Half.com, Alibris.com and ABEBooks.com.

You agreed that both the Marketplace and you are acting as independent parties, and that nothing in this Agreement creates nor implies the creation of any legal entity, including, but not limited to, a partnership, joint venture, employer-employee relationship, or agency relationship.

All terms and provisions of this Agreement shall be governed by the laws of the state of New York, except with respect to demonstrated conflict of law, and shall inure to the benefit of and be enforceable by the Marketplace's successors and permitted assigns, whether by merger, consolidation or otherwise.

The Marketplace reserves the discretionary right to change or discontinue the Service in whole or in part, at any time. No provision of this Agreement can be amended or waived except in writing by an authorized representative of the Marketplace. Even if a provision of this Agreement becomes inconsistent with any present or future law or regulation of any entity having regulatory jurisdiction over it, including those governing the practices of nonprofit fundraising and electronic commerce, or is deemed inoperative or unenforceable, the remainder of this Agreement remains in full force and effect. Any failure of the Marketplace to require your performance under this Agreement is not a waiver of your obligations or liability under this Agreement.

Generally, any notices given by us under this Agreement will be sent to the email address as specified in your Account Settings and is considered effective as of the date sent. If you fail to provide or update valid contact information, you waive your right to receive notices under this Agreement during the period of such failure. Additionally, any notices given by us to participants may be posted on any area of the Site and considered effective as of the date posted.

Thank you for take the time to consider this Agreement.