These terms and conditions of use (“Terms”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Givebutter, Inc. (“Company,” “we,” “us” or “our” ), including the www.givebutter.com website (collectively, the “Site”). Your compliance with these Terms is a condition to your use of the Site. If you do not agree to be bound by these Terms, promptly exit the Site.
Agreement to Binding Arbitration.By accessing the Site, you irrevocably agree that all disputes between you and Company that in any way relate to these Terms or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU EXPRESSLY WAIVE ANY AND ALL RIGHTS TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Company. All claims must be brought within one year.
1. The Site.
The Site provides (a) an online platform for appropriately qualified charities, individuals and other entities (“Fundraisers”) to raise funds through the sale of goods or services or to solicit donations to support their organization and/or mission and (b) related services (collectively, the “Services”). Site visitors (“Users”) wishing to make purchases from or to make donations to a registered Fundraiser (“Supporters”) interact directly with the Fundraiser. The Services including such transactions are governed by these Terms.
2. Access to the Site; Eligibility; License.
Eligibility. Users of the Site must be 18 years of age (or the age of majority in your jurisdiction) or older to use the Site. The Site is not directed at children under the age of 13 and does not knowingly collect information from minor children. By accessing the Site and using the Services, you represent that you are over the age of majority in your jurisdiction.
License from Company. The Site, including all of its contents, such as text, images, and the HTML used to generate the pages (“Materials”), is our property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Site, in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the Site and to use the information and services contained there.
License from Users. Each User of the Site grants us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any content that they post on the Site throughout the world in any media.
3. The Role of Company.
The Services are provided as a platform only. The Site is offered only to provide technology to allow Fundraisers and Supporters or other Users to connect. Company’s role is expressly limited to making the Site available and maintaining the Site and Services for Fundraisers, Supporters and Users. We are a platform and not an agent, consultant, professional fundraiser, broker, financial institution, charity or fiduciary for any Fundraiser, Supporter or User for any purpose. We are not responsible for the sale of items offered by Fundraisers and do not control the information provided by Fundraisers. We are not responsible for any content posted by any Fundraiser, Supporter or other User, including the accuracy of any description or the timeliness or reliability of any information or content provided by Fundraisers, Supporters or other Users
Company is not a payment processor, money services business or other financial institution. Payments made to a Fundraiser are processed using a third-party payment processor (“Payment Processor”). All Users acknowledge and agree that the use of Payment Processors is essential to the Services and that we exchange information with Payment Processors to facilitate the Services provided.
Company does not engage in any solicitation activities on behalf of any individual, entity, organization, or charity.
Company does not intend to and does not post information to provide financial, legal, tax or other professional advice. Before making any payment to any Fundraiser through the Services, you should consult your own financial, legal, tax or other professional advisor as you deem appropriate. Users acknowledge that all information and content they access is at their own risk.
Company has no control over the conduct of or any information provided by any Fundraiser, Supporter or other User and expressly disclaims all liability to the fullest extent permitted by law, as more specifically described below. We are not responsible for and do not endorse any Fundraiser, Supporter or other User and do not guarantee or warrant, expressly or impliedly, that any information provided through the Services is accurate or how the funds raised by any Fundraiser will be used.
Company may, but is not obligated to provide intermediary services to assist Fundraisers and Supporters in resolving disputes between them with the agreement of all parties. In the event Company elects, in its sole discretion, to provide such services, then our decision is final and binding on all parties and cannot be appealed, challenged or reversed.
4. Verified Accounts.
Fundraisers have the opportunity to provide us with enhanced information about their IRS status and their organization to earn a Verified Account status once we have verified their information. We use our best efforts in this process but we do not guarantee or warrant a Fundraiser’s legitimacy or its status when it is given a Verified Account status.
5. Communication Features.
Company may from time to time offer Fundraisers the ability to send communications through the Site using Company facilitated email or text message features. These features are offered free of charge, but may have limitations on the number of communications that may be sent during any specific period. Fundraisers using such features acknowledge and agree that they, and not Company, are solely responsible for complying with all applicable laws, including without limitation the Consumer Telephone Protection Act and CAN-SPAM and for obtaining the consents required by law before sending communications. Company does not participate in the communications; it does not determine when a communication is sent, to whom it is sent, the content of the communication, and does not participate in any way in the Fundraiser’s initiation or sending of the communication other than to provide a channel through which the communication may be transmitted.
6. Fundraiser Responsibility.
Fundraisers represent and warrant that:
All information provided in connection with their use of the Services is accurate, complete and not likely to deceive reasonable Supporters or other Users;
All information posted with respect to items listed on events, campaigns, or auctions offered for sale by the Fundraiser on the Site is accurate; the Fundraiser owns or is authorized to sell the item; the item is genuine and available or subject to limited availability (in which case the Fundraiser will disclose such limited availability on the Site); and the Fundraiser, and not Company, is solely responsible for the delivery or transfer of such items to Supporters; Fundraisers are responsible for any lost disputes a Supporter files due to any issue related to items listed by the Fundraiser;
They will promptly correct any errors or omissions in posted information;
All payments received through the use of the Services will be used only as described in the content posted on the Site or otherwise provided to each Supporter;
They will not infringe upon the rights of others;
They will abide by the Community Guidelines set forth below;
They will comply with all applicable laws and financial reporting obligations and will provide us and any Supporter with all information to establish such compliance;
Company may use any information provided by the Fundraiser and share it with any Supporter, any regulator, law enforcement or others in connection with any investigation of the Fundraiser;
If the Fundraiser provides information claiming any tax-exempt status, the cause or activity of the Fundraiser is legal under all applicable laws and regulations and the Fundraiser’s organization is a tax-exempt organization in good standing with the IRS.
Fundraisers are required to provide accurate and complete information in order to register on the Site and use the Services and to keep such information current and accurate. Company can rely on the accuracy of the information Fundraisers provide, and we have the right, but not the obligation, to verify or validate such information.
Fundraisers are responsible to determine what, if any, taxes apply to payments received by Fundraisers; it is Fundraiser’s sole responsibility to assess, collect, report and remit the correct tax, if any, to the appropriate taxing authority.
7. Supporter Responsibility.
All payments made through the Services are at the Supporter’s own risk. It is the Supporter’s responsibility to investigate the Fundraiser and to understand how your payment will be used. Company is not responsible for any offers, promises, or promotions made by any Fundraiser. We are not responsible for the accuracy of the information that Fundraisers supply and do not guarantee that payments Supporters make will be used in accordance with promises made by Fundraisers or applicable law.
If a Supporter believes that a Fundraiser is not raising or using funds for their stated purpose, please contact us using the information below.
Company does not make any representation about the tax deductibility or treatment of payments made by Supporters. We do not make any representation about the tax status or charitable status of any Fundraiser, including those with Verified Accounts. Fundraisers, and not Company, are solely responsible for providing Supporters with receipts acknowledging receipt of funds from the Supporter.
Information provided by Supporters through the Services is shared with the Fundraiser to whom a payment is made and may be used by such Fundraiser in accordance with its own privacy policies. Company is not responsible for any Fundraiser’s use of a Supporter’s information.
Supporters are responsible to determine what, if any, taxes or tax exemptions apply to payments made to Fundraisers. If a Supporter purchases items from a Fundraiser, the Supporter is responsible for payment of all applicable sales and use taxes.
Supporters who bid on an or item or “buy now” are agreeing to pay for the item if your bid is accepted as the winning bid. Auction payments are non-refundable and the Company does not make any guarantees on the condition or delivery of items won by Supporters. Company makes no claims on the tax-deductibility of an item listed by a Fundraiser.
8. Registration and Accounts.
Fundraisers are required to create an account in order to use the Site. Fundraisers are required to provide certain validation information and to select a user name and password for access to their account. Account access credentials should be kept safe; any instructions we receive using account credentials will be considered to be authorized by the Fundraiser. Fundraisers may log into their account to view and edit their profile and transaction information. Accounts are subject to these Terms and may be canceled or suspended by us in our sole discretion if we believe these Terms have been violated.
9. Ownership of the Site.
All pages within the Site and any Material made available for download are the property of Company, or its licensors or suppliers, as applicable. The Site is protected by U.S. and international copyright and trademark laws. The contents of the Site, including without limitation, all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Site (“Content”), may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms or otherwise approved in writing by Company. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Company without our express written consent.
10. User-Generated Content.
Users are responsible for any User Generated Content posted to the Site. “User-Generated Content” means any comments, ideas, suggestions, information, files, videos, images or other materials a User provides to us or posts on the Site. We are not responsible for the personally identifiable or other information you choose to submit as User-Generated Content, and we reserve the right to remove any User-Generated Content generated by any User at our sole discretion. By posting to the Site, you understand that once you post User-Generated Content, it becomes public. We are not responsible for keeping any User-Generated Content confidential, so if you do not want anyone to read or see your User-Generated Content, do not submit or post it to the Site.
Users may not: (i) provide User-Generated Content that they do not have the right to submit, unless they have the owner’s permission; this includes material covered by someone else’s copyright, patent, trade secret, or privacy, publicity, or other proprietary right; (ii) forge headers or manipulate other identifiers in order to disguise the origin of any User-Generated Content they provide; (iii) provide any User-Generated Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else; (iv) provide User-Generated Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, or racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law or is otherwise inappropriate; (v) impersonate anyone else or lie about your affiliation with another person or entity in your User-Generated Content; (vi) use meta tags or any other “hidden text” utilizing any of our or our suppliers’ product names or trademarks in their User-Generated Content; or (vii) provide User-Generated Content that disparages us or our vendors, partners, representatives or affiliates.
Each User represents and warrants that such User owns or otherwise controls all of the rights to the content that such User posts; that such content is accurate; that use of such content does not violate these Terms or any law or regulation; and such content will not cause injury to any person or entity. We have the right but not the obligation to monitor and edit or remove any activity or content from the Site. User-Generated Content comes from a variety of sources. We do not endorse or support any views, opinions, recommendations, or advice that may be in User-Generated Content, nor do we vouch for its accuracy, reliability, usefulness, or safety or the intellectual property rights of any User-Generated Content. We take no responsibility and assume no liability for any User-Generated Content posted by any User or any third party.
All Users agree that they will abide by the Community Guidelines set forth below.
11. Security and Restrictions.
The Site may be used only for lawful purposes by individuals using authorized Services of Company. You are responsible for your own communications, including the upload, transmission and posting of information, and the consequences of their posting on or through the Site. Company specifically prohibits any use of the Site, and requires all Users to agree not to use the Site, for any of the following:
Providing to us, posting, or publicly sharing any information which is incomplete, false, inaccurate or not your own;
Impersonating another person;
Advocating or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation or that fails to comply with accepted Internet protocol;
Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
Posting material that infringes on any other intellectual property, privacy or publicity right of another;
Using the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the U.S. Office of Foreign Assets Control (“OFAC”);
Transmitting or transferring (by any means) information or software derived from the Site to foreign countries or nations in violation of U.S. export control laws; or
Attempting to interfere in any way with the Site’s or our networks or network security or attempting to use the Site’s service to gain unauthorized access to any other computer system.
Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the User or Users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
Accessing data not intended for you or logging into a server or account that you are not authorized to access;
Using any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
In the event access to the Site or a portion thereof is limited requiring a user name and password (“Protected Areas”), you agree to access Protected Areas using only your own user name and password. You agree to protect the confidentiality of your user name and password, and not to share or disclose your user name or password to any third party. You agree that you are fully responsible for all activity occurring under your user name. Your access to the Site may be revoked by Company at any time with or without cause.
13. Copyright Complaints.
We respect the intellectual property rights of others and prohibit Users from uploading and posting materials that infringe another party’s intellectual property rights. If you believe that your material has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:
2810 N Church St #53748 Wilmington, Delaware 19802
It is often difficult to determine if your intellectual property rights have been violated or if the Digital Millennium Copyright Act (DMCA) requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove or disable access to the allegedly infringing material pending resolution of the matter. We will terminate the accounts of Users that we determine are repeat infringers.
Please note that, under Section 512(f) of the Copyright Act any person who makes false claims that material or an activity is infringing may be subject to liability for damages.
14. Our Right to Refuse, Terminate or Suspend Use.
Company expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Site or the Services by any person or entity, at the sole discretion of Company, for any reason or no reason at all, and without prior notice. In the event of termination, any rights or obligations regarding pending or completed purchases, or your indemnity obligations related to use of the Site or the Services, shall survive such termination.
We reserve the right, but accept no obligation, to monitor any activity and content on the Site. We may investigate any reported violations of law, rule or regulation applicable to Fundraisers, Supporters or other Users, or transactions on the Site or using the Services, and take action that we deem appropriate, including, but not limited to, issuing warnings, suspending or terminating service, or denying access to or removing any content from the Site. We may also investigate the use of a credit card by a User and take such action as we deem appropriate, including, but not limited to, canceling any transaction by such User.
15. Accuracy and Integrity of Information; Errors.
Although Company attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness, accuracy, or accessibility of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors and that unauthorized additions, deletions and alterations could be made to the Site by third parties.
All information and content regarding Fundraisers are provided solely by the Fundraiser, who is expressly responsible for the accuracy of the content it provides and posts to the Site. Company shall have no responsibility or liability for information or content posted to the Site from any non-Company affiliated third party. In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information provided by a Fundraiser, the Fundraiser shall have the right to refuse or cancel any orders placed for such product / service listed at the incorrect price.
In the event that an inaccuracy arises, please inform us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice.
All transactions and payments made on the Site are between the Fundraiser and Supporter and not between a Supporter and Company. Fundraisers are solely responsible for determining when and whether to issue refunds at their sole discretion. Company is not responsible for donations and/or any other form of payment made on the Site.
17. Payments to Fundraisers.
You represent and warrant that if you are making payments to Fundraisers through the Site (i) any credit card, debit card, or bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant card and card information.
In connection with payments to Fundraisers made through the Site, you shall:
Review and clearly accept the agreement to be entered into with Payment Processor (the “Payment Processor Agreement”), including without limitation all updated versions of the Payment Processor Agreement, which agreement makes clear that Payment Processor shall make such payments in accordance with such agreement;
Not use the Services in violation of the Payment Processor Agreement or for any activity expressly prohibited by Payment Processor;
Comply with the Payment Processor Agreement and all guidelines and requirements established by Payment Processor or its affiliates or banks;
Shall not take or fail to take any action that may cause Payment Processor or its affiliates or banks to violate any applicable law;
Shall not access, use or disclose any information except to the extent necessary for you to access and use the services provided by Payment Processor;
Only make electronic payments and funds transfers to and from a prepaid account maintained with Payment Processor and represented by a virtual bank account number (if applicable) for business purposes;
Provide all information necessary to enable Payment Processor to determine your eligibility to receive services and make services available to you and ensure that such information will at all times be complete and accurate; and
Authorize us to receive on your behalf any notices or forms provided by Payment Processor.
18. Export Policy and Restrictions.
You acknowledge that the products and Content that are sold or licensed on the Site, which may include technology and software, are subject to U.S. customs and export control laws and regulations and may also be subject to the customs and export laws and regulations of the country where the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations - including, but not limited to, the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. You agree that you will not use or provide products to any person who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury, U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by OFAC. You shall indemnify and hold harmless Company from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.
19. Links to and from Other Sites.
You may be able to link to third-party websites (“Linked Sites”) from the Site. Linked Sites are not, however, reviewed, controlled or examined by Company in any way, and we are not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites or any additional links contained therein. These links do not imply our endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through any Linked Sites. You should direct any concerns to the applicable Linked Site’s administrator or Webmaster. We reserve the exclusive right, at our sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different Users.
Permission must be granted by us for any type of link to the Site. To seek our permission, you may create and maintain a registered account in good standing or write to us using the information below. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link and to require termination of any such link to the Site, at our discretion at any time.
Each User agrees to defend, indemnify and hold harmless Company, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with (a) your use of or access to the Site or the Services, including any act or omission related to services provided by Payment Processor, (b) your violation of these Terms, the Payment Processor Agreement, or applicable law; (c) the posting or transmission of any materials, content or User-Generated Content on the Site or through the Services by you or allowed by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right; (d) access to the Site by anyone using your user name and password; or (e) your providing inaccurate or incomplete information to us or Payment Processor.
21. Disclaimer of Warranties.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. COMPANY MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. COMPANY IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF COMPANY.
22. Limitation of Liability Regarding Use of Site.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMPANY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE/MISUSE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF COMPANY OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
23. Dispute Resolution; Arbitration Agreement.
We will try to work in good faith to resolve any issue you have with the Site, including payments made for products and services offered through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
You and Company agree that any dispute, claim or controversy arising out of or relating in any way to these Terms or your use of the Site, including payments made for products and services offered through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court; however, you and Company shall cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the U.S. Supreme Court. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision and that you and Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and any other contractual relationship between you and Company.
If you desire to assert a claim against Company and therefore elect to seek arbitration, you must first send to Company, by certified mail, a written notice of the claim (“Notice”). The Notice to Company should be addressed to: Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808. (“Notice Address”). If Company desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Company, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Company receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms, including this arbitration agreement. Unless Company and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA Rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Company’s last written settlement offer made before an arbitrator was selected (or if Company did not make a settlement offer before an arbitrator was selected), then Company will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery of attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party under the standards for fee shifting provided by law.
YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Wilmington, Delaware.
24. Choice of Law.
These Terms, and any dispute arising therefrom, shall be governed by and in accordance with the laws of the State of Delaware without regard to conflicts of law.
25. International Use.
We control and operate the Site from our offices in the U.S., and all information is processed within the U.S. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the U.S. or the country in which you reside.
Except for notices relating to arbitration of disputes, any notices (i) to us shall be given by postal mail addressed to Givebutter, Inc., 2810 N Church St #53748, Wilmington, Delaware 19802 or by email to [email protected] or (ii) to you at the e-mail address provided to us by you. Notices shall be deemed to have been given 24 hours after the e-mail was sent, unless we are notified that the e-mail address is invalid, in which event we may give notice by email or, if applicable, any postal mail at the address provided to us by you upon registration. Notice given by postal mail shall be deemed to have been given three (3) business days after the date of mailing.
27. Modification of Terms.
In its sole discretion, Company may from time-to-time revise these Terms by updating this posting. You should, therefore, periodically visit this page to review the current Terms so you are aware of any such revisions to which you are bound. Your continued use of the Site after revisions to these Terms shall constitute your agreement to the revised Terms.
Company reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without cause and with or without notice.
In the event that any of these Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be eliminated or limited to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
These Terms constitute the entire agreement between Company and you pertaining to the subject matter hereof. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.
Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between Company and you as a result of these Terms or your use of the Site or Services.
Any claim or cause of action you may have with respect to Company, the Site or the Services must be commenced within one (1) year after the claim or cause of action arose.
The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You may not assign these Terms or any of your rights or obligations under these Terms without our express written consent.
These Terms inure to the benefit of Company’s successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.
27. Contacting Us.
To contact us with any questions or concerns in connection with these Terms, the Services or the Site, or to provide any notice under these Terms to us please go to Contact Us or write to us at:
Givebutter, Inc. 2810 N Church St #53748 Wilmington, Delaware 19802
You are solely responsible for compliance with all applicable law in relation to your use of the Services. You are further solely responsible for all User-Generated Content that you upload, post, publish, display, transmit or otherwise use (hereinafter, “Upload”). If you are not the beneficiary of the campaign you organize, you agree to deliver funds to the ultimate beneficiary directly and as soon as possible. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms.
The following are examples of User-Generated Content and/or use that is illegal or prohibited by Company. This list is not exhaustive, and we reserve the right to remove any campaign and/or investigate any User who, in our sole discretion, violates any of the terms or spirit of these Terms. As we investigate your campaign, User, or User-Generated Content, we may consider all available material, including, but not limited to, social media, related news, and any other information that we, in our sole discretion, deem relevant in our review. We further reserve the right, without limitation, to ban or disable your use of the Services, remove the offending User-Generated Content, suspend or terminate your account, stop payments to any such campaign, freeze or place a hold on donations, and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our Users.
Without limiting the foregoing, you agree not to use the Services to raise funds or establish or contribute to any campaign with the implicit or explicit purpose of or involving:
Breaking the law: the violation of any law or regulation;
Fraud: information that is fraudulent, misleading, inaccurate, dishonest, or impossible, particularly if done knowingly with the intent to deceive;
Illegal drugs: narcotics, steroids, controlled substances, abuse of pharmaceuticals or similar products or therapies that are either illegal or prohibited;
Violence: knives, explosives, ammunition, firearms, or other weaponry or accessories, as well as the promotion of violent ideas such as genocide, execution, and other violent acts;
Financial schemes: annuities, investments, loans, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
Gambling: casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift cards, or sweepstakes;
Hate, discrimination, and harassment: content that we deem, in our sole discretion, to be in support of hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or mental, physical, or other medical conditions;
Legal defense for serious crimes: campaigns that we deem, in our sole discretion, to be for the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, mental, physical, or other medical conditions, or financial crimes or crimes of deception;
International sanctions: activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
Exploitation: funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
Pornography: pornographic content or other sexual content relating to minors or persons appearing to possibly be minors;
Graphic: offensive, graphic, perverse or sensitive content;
Pre-sales: the sale of items before the seller has control or possession of the item;
Payment manipulation: collecting payments on behalf of merchants by payment processors or otherwise; including, but not limited to, self-payments on campaigns or an attempt to bypass or otherwise circumvent the designated method of payment as provided by Company;
Credit: credit repair or debt settlement services;
Misuse of funds: the receipt or grant of cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the campaign or collecting or providing funds for any purpose other than as described in a campaign description;
Slander and personal attacks: publication or removal of User-Generated Content (such as mug shots), where the primary purpose of posting such User-Generated Content is to cause or raise concerns of reputational harm, as well as personal attacks, slurs, caustic or combative content submitted with the aim of harming other people in some way;
No-value-added services: sale or resale of a service without added benefit to the buyer or resale of government offerings without authorization or added value;
Money laundering: aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
Piracy: counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
Intellectual property violations: products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
Unauthorized sale or resale: of brand name or designer products or services;
Trade violations: sale of goods or services that are illegally imported or exported;
Credit card fraud: processing where there is no bona fide donation accepted; cash advance; card testing; or evasion of card network chargeback monitoring programs;
Financial crimes: any other activity that Company may deem in its sole discretion to be in support of individuals and/or entities associated with alleged financial crimes, including, but not limited to, corruption, bribery, tax evasion, fraud, and activities of a similar nature; or
Generally unacceptable activity: any other activity that Company may deem in its sole discretion to be unacceptable.
TEXT MESSAGE PROGRAM TERMS OF SERVICE
Last revised August 26, 2022
1. By texting a keyword to short code 53555, you consent to receive one or more auto-dialed or prerecorded texts at the phone number from which you texted.
2. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your mobile service operator. SMS SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, AND ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED.
3. Data obtained from you in connection with this SMS service may include your cell phone number, your carrier’s name, and the date, time and content of your messages, as well as other information that you provide. We may use this information to contact you and to provide the services you request from us.
4. By subscribing, you consent to receive text messages, including informational alerts, promotional messages and updates. Your consent to receive promotional messages is voluntary; you do not need to consent to receive promotional messages in order to participate in the Services.
5. By subscribing or otherwise using the SMS service, you acknowledge and agree that we will have the right to change and/or terminate the service at any time, with or without cause and/or advance notice.
6. To cancel your SMS service subscription, text STOP to 53555 in reply to a text message you receive. You may receive a subsequent message confirming your opt-out request.
7. For additional help, text HELP to 53555 in reply to a text message you receive.
8. Message and Data Rates May Apply.
9. T-Mobile® is not liable for delayed or undelivered messages.
10. United States Participating Carriers include AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular®, MetroPCS®, InterOp, Cellcom, C Spire Wireless, Cricket, Virgin Mobile and others.
11. Program Availability: Currently, the Text Message Program is only available to residents of the U.S. You understand and acknowledge that you may not sign up for, access, or attempt to access or use the Text Message Program from countries outside of the U.S. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination or person prohibited under such laws.
Questions / Support: You can contact us at [email protected] at any time or from your mobile phone, send a text message with the word “HELP” to 53555. You may also call our toll free support line: +1 888-486-1396.
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