Terms of Use

Introduction

The Strategic Business Institute (SBI) website is a platform made available by the Strategic Business Institute in order to enable communications among the Strategic Business Institute community and donors to Projects.

Strategic Business Institute (SBI) is a 501c3 nonprofit institution that promotes the growth and development of small businesses, seniors, children the poor and veterans, through education, research, student outreach and the exchange of quality business referrals.

Access to the Strategic Business Institute secured infiormation section of the web site is only granted based on the following standard terms and conditions, which shall apply to all users of the SBI web site.  In particular for all users who register on the SBI site as a (“Registered Users”).

General data protection laws and the specific terms for donations (“Donation Terms”) and the terms for the registration of Projects (“Project Registration Terms”) take precedence over the following general terms of use:

General Terms of Use

  1. Definitions
  • Project is a non-profit project designed to benefit the common good in the area of culture, community, education, religion or science which for its realization depends on a Donation.
  • Donation is the provision of money, time, goods or other services or benefits to SBI in support of the realization of the Project chosen to benefit from the Donation. The term Donation is used in these General Terms of Use and on the Strategic Business Institute web site regardless of the recognition of the Donation for tax purposes.
  • Donor is a User who wishes to support a project, idea or cause and make a Donation to SBI.
  • Recipient is a person, company, corporation or other entity which shall receive a Donation as beneficiary of a SBI Project or Activity.
  • Requirement is a component of a Project with a concrete Purpose for which Donations in the form of money, goods or services can be raised in a quantifiable amount.
  • Mixed Requirement is a requirement for which Donations in the form of money as well as in the form of goods, services, time or other means can be raised.
  • Individual Projects are Projects which are designed to serve the goals, purposes and mission of SBI. These may include education, science, publishing or services to seniors, businesses, children the poor or veterans.
  • Responsible Organizations are SBI or external organizations (operating indepeldently of SBI) or the public which implement or need assistance from SBI for their Projects and are Recipients of SBI
  1. Further Rules

For all users of the SBI web site additional information is available about the platform and Privacy Policies are in addition to these terms of use in particular with regard to the content available on the Strategic Business Institute web site.

  1. Registration

The registration as a user is free of charge.

Certain functionalities of the Strategic Business Institute web site are only available to Registered Users. In particular, the functionalities regarding Donations and for the publicizing of Projects require prior registration by the user.  Registered Users can only be individuals who have the capacity to transact business.  Minors require the consent of their legal guardian.

The user shall give all information required in the course of registration truthfully and correctly, in particular regarding identity and age.

  1. User’s Obligations

4.1.  To the extent the user provides text, images or other content to Strategic Business Institute, he/she hereby grants all necessary licenses and rights to SBI to use such content in any manner on the Strategic Business Institute Platform.  Or in advertising or promotional materials for the use of SBI on or offline.  However, a Registered User upon publicizing the content may clearly indicate (by appropriate notice reasonable restrictions of use) of such content.  SBI reserves the right to use, change, save and/or distribute or make available such content, provided that, such actions reasonably take into account the intended meaning of such content.

4.2.  The user is fully responsible for his/her behavior on the SBI web site and for all content publicized by him/her.  Before taking any concrete action or publicizing any content on the SBI platform, the user shall ensure that his/her behavior or content does not violate legal provisions, moral or ethical standards or the rights of third parties (including but not limited to copyright and trademark laws, rights of name, author’s rights, legal data protection, laws protecting minors etc.).  In particular, the user undertakes to obtain (before publicizing any texts or images) the required consent by any third party concerned, such as author’s, the photographer, persons shown in pictures or named in the text.

4.3.  The user shall consider in his/her behavior on the SBI Platform that the Strategic Business Institute community has adopted and requires mutual recognition and respect and a fair and adequate communication with each other.  With respect to subjects relating to world view, ideology or religious or political convictions, the utmost restraint and respect towards other’s opinions are required.  SBI reserves the right to screen and/or remove any objectionable information or pictures.

4.4.  It is prohibited to publicize the following content on the SBI Platform to post links to such content or to otherwise facilitate access to such content:

  • material offensive or dangerous to minors, especially glorifying violence, pornography or other content offensive to morality;
  • content which glorifies or furthers hatred, bulling, violence or racial discrimination;
  • untrue statements assumed to be factual or insults, vulgar or obscene words, communication which is disrespectful, provocative or aggressive towards other persons,
  • misleading content,
  • solicitation of boycotts or unpeaceful or unlawful actions.

4.5.  If a user finds content on the SBI Platform which in his view violates applicable laws or the Conditions of Use, he is requested to notify Strategic Business Institute immediately.

4.6.  An excessive load on the SBI Platform shall be avoided.  In particular, any measures are prohibited which could endanger the integrity, stability, or availability of the IT systems of the SBI Platform.

4.7. Passwords or other access data to the SBI Platform must be chosen by the User in accordance with general principles for password security and must be kept strictly confidential.  Strategic Business Institute must be informed immediately if the User has reason to believe that the security of the SBI Platform or of his access is endangered.

  1. Availability of the Strategic Business Institute Platform

Strategic Business Institute will strive to keep the platform available free of interruptions.  The goal is an availability of 97% per year.  However, no representations are made or warranties are given with respect to any particular availability.  In particular, SBI shall be entitled to take the Strategic Business Institute Platform offline for scheduled and unscheduled maintenance.

Strategic Business Institute shall be entitled to change functionalities, design and other features of the SBI Platform within its own free discretion.  The Platform can only be accessed in the version which is current in any particular time.   SBI is not required to store earlier versions or content publicized by Users.

  1. Termination, Denial of Access or of Registration

6.1.  The status as Registered User can be terminated by SBI or by the User at any time by notice in Text Form to (SBI), via email or hard copy) which will take effect at the end of the following month of such notice.

6.2.  The right to extraordinary termination for cause remains unaffected.  A cause giving right to extraordinary termination by SBI shall be assumed if the User has violated substantially or repeatedly obligations set forth in Section 4 above or if false data has been given upon registration.

6.3.  Irrespective of the right of extraordinary termination set forth above, SBI is entitled to deny access to any User with respect to some or all functionalities of the SBI Platform. This includes but is not limited to denying access to the publication of content on the SBI Platform or to the ability to change such content.  In addition, SBI is entitled to deny access or delete any content publicized on the SBI Platform.  SBI will use this right in particular if third parties claim or allege that such content or behavior of such user violates laws, the rights of third parties or the rules of the SBI Platform.

6.4.  Before a termination for cause or denial of access to a user or certain content, the user shall be given the opportunity to comment and request a review of material submitted.

  1. Liability

The Strategic Business Institute Platform is financed by donations and is made available to all users free of charge.  SBI therefore, accepts no responsibility and shall not be liable in any manner for damages regardless of their legal base (including but not limited to default, delay, impossibility, breach of warranty, breach of trust, violation of contractual duties or undertakings, illegality or tort), provided however that SBI is responsible for claims arising from acts of legal representatives or executives by deliberate act or gross negligence.  SBI shall not be liable for expenses, claims or other unforeseen events of other organizations (operating indepeldently of SBI).

8.  Change of General Terms

SBI is entitled to change any and all general terms of use or to amend such terms.  SBI will announce any changes or amendments with a notice of at least one month before such changes or amendments to take effect by a notice made in Text Form (e.g. email).  Following such notice, the user shall be entitled to terminate the legal relationship pertaining to the use of the SBI Platform with immediate effect prior to the effective date of such change or amendment.  If the User does not effect such termination, this shall be deemed consent to the general terms of use as changed or amended.  SBI will put out a notice with respect to this legally binding presumption.

  1. Applicable Law and Place of Jurisdiction

All legal relationships between SBI and its users as well as between the users with respect to the SBI Platform shall be governed by the law of the United States of America at the exclusion of the Convention on the International Sale of Goods.

The Place of Jurisdiction shall be the statutory seat of the SBI Foundation, unless the other party is a consumer as that term is defined in 501c3, domiciled in another member state of the US.

Terms of Donation

  1. Definitions
  • Project is a non-profit project designed to benefit the common good in the area of culture, community, education, religion or science which for its realization depends on a Donation.
  • Donation is the provision of money, time, goods or other services or benefits by a Registered User of the SBI Platform to SBI or a Recipient in order to support the realization of the Project chosen to benefit from the Donation. The term Donation is used in these General Terms of Use and on the SBI Platform regardless of the recognition of the Donation for tax purposes.
  • Donor is a User who wishes to make a Donation to SBI or a Recipient via the SBI
  • Recipient is a person, company, corporation or other entity established in the US or abroad which shall receive a Donation as beneficiary of a Project.
  • Requirement is a component of a Project with a concrete Purpose for which Donations in the form of money, goods or services can be raised in a quantifiable amount.
  • Mixed Requirement is a requirement for which Donations in the form of money as well as in the form of goods, services, time or other means can be raised.
  • Project Sponsor (PS) is the person or corporation who contributes a donation in support of a Project.
  • Individual Projects are Projects for which a Donation has been received or a decision has been made to study the feasibility and implementation of a project for the benefit of the SBI
  • Organization Projects are Projects implemented by SBI or other supporting organizations (operating indepeldently of SBI). For Donations of money to Projects of a US Recognized Charity, SBI can issue and will issue a donation receipt.
  • Sponsoring Organizations are organizations (operating indepeldently of SBI) which implement the Projects and are Recipients of Donations from SBI.
  1. General Terms of Donations
  2. Scope of Regulation

The Terms of Donations directed to SBI itself, provided these donations are processed via the SBI Platform and administration shall be recorded and tracked in accordance of good business practices and within the Internal Revenue Service (IRS) guidelines for 501c3 nonprofit organizations.

The Terms of Use of this SBI web site are to be accepted by all users during registration and are available on the SBI Platform web site at all times.

  1. Types of Donations

Different types of Donations can be contributed via the SBI web site.  Depending on the respective Project, Donations In-kind, Donations In-time and other miscellaneous Donations are as possible as financial donations.  Money can be donated as a single payment or in periodic payments by cash, check, money order, credit card or in-kind.

III.  Role of the SBI

SBI provides the technology and a platform in order to enable the interaction between Donors, SBI and Recipients for a Project.  Therefore, each Donor is itself responsible for obtaining information which it needs to make a decision about a specific Project or Donation. All available information provided on the part of SBI is to be found on the SBI web site itself. Beyond that, SBI has no further data concerning Projects or involved parties.

SBI neither assesses, rates or investigates the registration of users nor the listing of non-SBI Projects.  In particular there is no control of users’ identity, the Projects’ description or Projects’ reports.

  1. Specific Terms of Donations
  2. Donation In-Kind, Donation In-Time and Miscellaneous Donations

SBI accepts assistance through In-Kind, In-Time and Miscellaneous donations for our SBI projects and those of other organizations which SBI assists.  SBI will assist with the contact between potential Donors and the Project Sponsor (PS) who wish to assist other non-SBI organizations with their projects.

  1. Financial Donations
  2. General

If SBI or another organization is requesting funding for a project and the aggregated amount of individual Donations does not completely match the Requirement within a period of six months, the Requirement may be terminated.  In case of such or otherwise caused dismissal of the Requirement, the accumulated Donations will not be disbursed to the Recipient but remain with SBI for use with other SBI projects or assigned to another similar worthy purpose/cause.

The Donor commits to irrevocably provide the full amount of money without deductions for cost of bank transfer, attorney fees or other business expenses.

Neither the Donor nor the Recipient is entitled to interest on funds that are not yet disbursed.

  1. Payment

Payments to a non-SBI organization in support of their project may be processed by the means offered by the SBI Platform.  The specific terms of the donation will be governed by the donor and SBI as funding is received from the donor for distribution.

  1. Publication of Donations

One aspect of major importance of the SBI is transparency with respect to the realization of the affiliated Projects.  Donors authorize SBI to verify (with the help of the Recipient and/or the respective financial service providers), if and in what amount the promised Donation was disbursed and to whom.  Moreover, SBI is entitled to store this information to the extent required by mandatory national laws for the purpose of disclosure to public institutions, agencies or third parties.

VII.  Donation Receipt

A Donation receipt will only be issued by SBI if the funds were given to SBI for any of its projects or those of a recepient organization.  In each case, Donation receipts will only be issued after receipt of the funds have cleared by the SBI bank account.

If a Donation receipt is issued or transmitted by SBI or a Recipient organization, SBI does not vouch for an applicable tax privilege of the Donation.

VIII.  Donor’s Obligations

The Donor guarantees that all data provided during registration, particularly with respect to the Donor’s identity and full contractual capability, were given truthfully.

The Donor will execute all declarations essential and appropriate for the realization of its donation.

  1. Obligations of SBI

Unless otherwise agreed, SBI is solely bound by those obligations concerning the operation of the SBI platform as stipulated in the Terms of Use.

SBI is authorized, but not obliged to review and if need be suspend all content of the SBI web site irrespective of events.  The Terms of Use remain unaffected.

SBI determines whether the aggregated amount of a Project Requirement has been attained, and may consult third parties for this purpose.

Strategic Business Institute (SBI) is a Nonprofit Corporation– 501c3 charity

CH18270 • A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM
THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE (800-435-7352) WITHIN THE STATE.
REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE.