FundDeed Terms and Conditions
PLEASE READ THIS AGREEMENT CAREFULLY. THIS IS A BINDING CONTRACT.
TABLE OF CONTENTS
FUNDDEED TERMS AND CONDITIONS OF USE
Table of Contents:
SUMMARY OF GENERAL TERMS
a – Ours (FundDeed’s)
b – Yours (User’s)
- PAYMENTS, FEES, TAXES
- PROJECT CREATOR/OWNERS TERMS
- SUPPORT AND DONOR TERMS
- ADDITIONAL TERMS
SUMMARY OF GENERAL TERMS
Welcome to FundDeed. These terms and conditions govern FundDeed, LLC (“FundDeed”, “we”, or “our”) relationship with you when you use or access the FundDeed website, www.funddeed.com (“site”) and any or all services available on or through the site or otherwise provided by FundDeed, including any widget provided by FundDeed (collectively, the “services”).
From time to time we may revise or modify these terms and conditions by posting the revised terms and conditions through a link on our Site. While we will endeavor to provide notice to you of any changes to the pricing or other financial terms of these terms and conditions, whether or not we provide notice to you, you will be bound by the revised terms and conditions for all subsequent uses of this Service after such modifications have been made.
To be eligible to use the services and access the site, you must:
- Be at least 13 (or if below the age of 13 and using the site and services with parental or legal guardian consent and supervision);
- Be registered with us (to the extent required) and not have been previously restricted, suspended or terminated by us; and
- Not be using another member’s account without their permission.
If you choose to not accept these terms, it means you cannot use the FundDeed site or services.
Access to the site and services from territories where the site and/or services are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations regarding their use of the site and services.
Ownership of the Site information. The site and services and all technology underlying the same are expressly owned and operated by FundDeed. Unless otherwise noted, the design and content features on the site and services, including without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, URLs, and the like, as well as the selection, assembly and arrangement thereof (collectively, the “Site Information”), are owned by FundDeed or its affiliates, if any, or are licensed by FundDeed from third parties. The site and services, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.
- The trademarks, logos, and service marks (“Marks”) displayed on the site are registered trademarks of their respective owners, are the property of their respective owners, and/or are protected by U.S. and international trademark laws and/or common law. Their uses are restricted to programs, events, products or services that FundDeed sponsors or with which we are otherwise affiliated. FundDeed’s trademarks may not be used for personal financial gain. Use of the Marks is prohibited without FundDeed’s express written consent except as permitted by applicable laws. Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without FundDeed’s express written consent.
- No portion of the site, services or Site Information may be reprinted, republished, modified, or distributed in any form without FundDeed’s express written permission. You may not, and these terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the site, services or any of the Site Information.
- You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the site, services, or the Site Information and you must retain all copyright, trademark, service mark and other proprietary notices contained on the site, services or in the original Site Information on any authorized copy you make of the site, services or the Site Information.
Widgets. Our widgets are software tools that you may place on your website to permit your visitors to access our Website (each, a “Widget”). Subject to your compliance with the terms, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the Widget on your website for your own personal or internal business purposes. We reserve the right to discontinue providing any Widget at any time, or to direct you to cease displaying, or otherwise using, any Widget for any or no reason, without liability to you or any third party. You may not use the Widget for any other purpose without our prior written consent, and nothing in the terms shall be deemed to grant you any right, title or interest in the Widget. In addition, you may not:
- Use the Widget to offer or promote, or otherwise use the Widget in association with, any products or services for sale;
- Use the Widget (or any content displayed in connection with or through it) in any manner that would constitute an endorsement by us of any product, service, activity or brand contained on your website;
- Place the Widget on any website that includes content that is offensive, harassing, threatening, abusive, discriminatory, vulgar, pornographic, or otherwise inappropriate, as determined by us in our sole discretion; or
- Use the Widget in any manner that prevents the end users of your website from linking directly to the application page of our site.
Limited License and Acceptable Use
FundDeed hereby grants you a limited, non-exclusive license to create Projects on the FundDeed website and to use the photos, videos, graphics, information, other online tools and resources, and related services available on the FundDeed Website (collectively, the “Tools”) solely in accordance with these Term of Use for the purpose of raising contributions for the cause identified on your fundraising page.
(a) “Ours” (FundDeed’s Responsibilities to users)
The purpose of our site and services is to provide a platform for individuals to voluntarily help non-profit organizations raise money. We do not endorse any such entities or organizations or any of their campaigns or causes. We merely provide a technology platform to allow project owner’s to connect with supporters and collect and donations on behalf of the nonprofits they support. The existence of the site or services is not a solicitation of donations and FundDeed does not engage in any solicitation activities on behalf of any fundraisers, charities or non-profits.
In order to ensure that FundDeed does not go out of business and to provide you with the very best experience and customer service, FundDeed charges certain fees for donations and services made on or through the FundDeed site. All of FundDeed’s fees are explained on our Fees & Pricing page, which is incorporated by reference into these terms.
In accordance with terms and conditions contained herein, if you are a User, FundDeed will perform, and You authorize FundDeed to provide as Your agent and on Your behalf, the following services (the Services). FundDeed will:
- be paid and process (using our donation processing partner Make My Donation, via secure API integration with Transparent Redirect for PCI compliance reasons) online donations (online Donations) made by individuals or entities (Donors) through the FundDeed Service;
- remit funds through our donation processing partner Make My Donation. Your donation via FundDeed is managed by Make My Donation, by completing the transaction, you agree and understand that: you are making a donation to Make My Donation, a 501(c)(3) Donor Advised Fund (DAF). The DAF processes your charitable contribution and makes grants to the donor-suggested charity(ies). Your credit card/billing statement will show your donation was made to “Make My Donation”, not to your suggested charity(ies). Make My Donation makes every reasonable effort to respect the wishes of our donors. However, to comply with federal tax laws and regulations, MMD must retain the exclusive authority, discretion, and legal control over all donated funds. In the rare event that the charity you have advised does not satisfy MMG’s criteria or otherwise enable MMG to pay them (e.g. they are not recognized by the IRS as a public charity, or are not in good standing with federal or state regulators, etc.), MMD may select an alternate non-profit organization to receive the donation or have the donation allocated to a fund maintained by MMD and used solely for charitable purposes, including, but not limited to, mission-based activities and grants.
Make My Donation will distribute funds to the advised nonprofit, by check or electronically to the bank account, the online Donations, less (A) a platform fee of 10% of online donations collected via the FundDeed service, (B) 2.5% (+$.30 per transaction) for credit card processing via Stripe, and (C) 3.5% per transaction for donation processing and grant distribution through the Make My Donation system. These fees above are inclusive of all credit card processing and banking fees; these fees are subject to change at any time at the discretion of FundDeed or the donation processing service providers.
Make My Donation automatically confirms the charity’s tax-exempt status by verifying its good standing with public and government sources, including the IRS. Please see our documentation for further information.
- send a thank you email and transaction receipt to Donors. Make My Donation also automatically generates and sends a series of emails to fundraisers and donors to assist them in more effectively using the Make My Donation Service. Make My Donation will make available to nonprofit users (i.e., an individual authorized by a nonprofit organization whose supporters use the Site to raise money for such organization), online reports identifying, where available, the name, address, email and transaction accounting details of the individuals or entities that have made online Donations to their organization along with amount of the online Donation.
- keep a log of all transaction receipts from Donors inside of the Service. FundDeed also automatically generates and sends a series of emails to fundraisers and donors to assist them in more effectively using the FundDeed Service.
(b) “Yours” (User’s Responsibilities)
In accordance with terms and conditions contained herein, by accessing the Service, you agree to:
- be bound by the terms and conditions set forth herein,
- comply with any technical specifications, rules of operation or security procedures set forth by FundDeed and updated from time to time on the Service.
- at all times use this Service in a responsible and legal manner. In particular (but not exclusively) you must not do any of the following:
- misrepresent your identity or your affiliation with any other person or organization;
- send junk email or spam to people who do not wish to receive mail from you;
- delete or falsify any attributions, trademarks or designations of source from any website content;
- conduct, display, promote or forward surveys, contests, raffles, lotteries, pyramid schemes or chain letters; or interfere with or disrupt the service or services or networks connected to the service;
- collect or store personal data about other users including email addresses.
- comply with all applicable local, state and federal laws, statutes and regulations regarding use of this website and FundDeed tools and services.
- FundDeed User Account – In order to use the services of the site, or to make a donation, you must complete the basic user account set-up process. You will be required to provide some information when you sign up, including an email address to receive any notices required by law, in lieu of communication by postal mail, along with other messages, including changes to features of the service.Access to and use of password-protected and secure areas is restricted to users who have created an account or subscription. Any attempt to access restricted areas without authorization is prohibited.
- You may need a username and password to use certain features of the site and services and you may create certain URLs when you establish a profile, project, fundraiser, event, or charity campaign.
- User Name. By selecting a user name and any particular URL you agree that you will not select or use a name or URL:
- Of another person with the intent to impersonate that person;
- Subject to the rights of any person without authorization;
- In violation of the intellectual property rights of any person; or
- That FundDeed, in its sole discretion, deems inappropriate or offensive.
- You hereby expressly permit FundDeed to identify you by your user name (which may be a pseudonym).
- You acknowledge and agree that you shall have no ownership or other property interest in your account, URL and/or user name, and you further acknowledge and agree that all rights in and to your user name and account are and shall forever be owned by and inure to the benefit of FundDeed.
- You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify FundDeed immediately of any unauthorized use of your password or account or any other breach of security. FundDeed assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party. FundDeed has the right to reclaim any user names or URLs for any reason.
- Accurate Information. You agree to:
- provide accurate information as prompted on the site or through the services; and
- maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or FundDeed has reasonable grounds to suspect that such information is inaccurate, FundDeed may suspend or terminate your use of the services and/or the site and/or decline to permit your continued use of the site and/or the services and future access to the site and/or the services.
- Relationship of FundDeed. By using this site you understand and agree that FundDeed shall not be responsible for any losses or damages incurred as a result of the fundraising campaigns or events. In the event of a dispute between users (including but not limited to backers, fundraisers, donors, beneficiaries, and third parties), you hereby release FundDeed, its employees, agents, affiliates, directors, officers, representatives, subcontractors, advisors and volunteers from all claims, damages and demands that may or may not be known, suspected or related to such disputes about our service.
- Use of Site. The site, services and the Site Information are provided “as is” with all faults. Your use of the site, services, and the Site Information is at your own risk. The site, services or Site Information may contain errors or omission, or may be out of date. The site, services or Site Information may, without prior notice, change, be deleted or updated at any time. As a condition of your use of the service or the site, you promise to:
- Use the service in compliance with all laws, regulations, ordinances, directives, court orders and this Agreement local and applicable to your use of the site and services;
- Use the service so as not to damage, disable, overburden or impair the service, our networks or systems or not to interfere with any others’ legal rights or use or enjoyment of the service; and
- Not engage in, or encourage, promote, facilitate or instruct others to engage in, activities which, in our judgment and discretion: (1) are illegal; (2) result in the infringement of the intellectual property rights of others or libel or defamation of another person; or (3) harvest or otherwise collect information about others (such as e-mail addresses or other personally identifiable information) without their consent.
- The services you are receiving from FundDeed are provided for personal use to help promote social generosity and philanthropic giving. No one may use these services or the FundDeed website for any commercial purpose, or for any other purpose without our prior written consent.You may not use the services provided by FundDeed or the FundDeed website for any illegal or unauthorized purpose. While using the FundDeed website, you must comply with all applicable domestic and international laws, statutes, ordinances, and regulations.
- Comments and Feedback. You agree that submission of any comments, ideas, suggestions, documents, and/or proposals to FundDeed through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that FundDeed has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback.You hereby grant to FundDeed a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights.
- User content or comments posted by yourself and other users of the FundDeed website does not necessarily reflect the views of FundDeed.
2. PAYMENTS, FEES, TAXES
In accordance with terms and conditions contained herein, if you are a User, FundDeed will perform, and You authorize FundDeed to provide as Your agent and on Your behalf, the following services (the Services). FundDeed will:
- be paid and process (via our donation processing partner Make My Donation) online donations (online Donations) made by individuals or entities (Donors) through the FundDeed Services
- remit funds (using our donation processing partner Make My Donation, who will hold the funds received through online Donations in a non-operating bank account) on Donors behalf to the designated nonprofit, by check or electronically to their bank account, the online Donations, less (A) a platform service fee of 10% of online donations collected via the FundDeed service, and (B) fees for payment processing through Stripe, which are currently 2.9% + 30¢ per transaction; (C) fees of 3.5% per transaction for donation remittance and grant distribution by Make My Donation, Inc. (D) If the nonprofit receives payment via Check, there will be a Check issuing fee of $20.00 per Check which will be deducted from each payment to the nonprofit.The fees above are inclusive of all credit card processing and banking fees; these fees are subject to change at any time at the discretion of FundDeed. Make My Donation is the default processor we use for all donations, contributions, and supporters.
- Donors will pay the online Donations by credit card to Make My Donation, Inc. as your Agent. The fees deducted from the online Donations pursuant to the terms above will be paid to Make My Donation, Stripe and FundDeed at the time of the transaction. Payment to the designated nonprofit organization pursuant to terms above will be made either (a) monthly via electronic funds transfer, or monthly if payment is via check and the funds due to such participant exceed $99.99 or (b) no less frequently than quarterly if the funds due are less than $99.99. Payments will be sent on or about the 1st of the month following the end of the relevant payment period. These payment schedules are subject to change at any time at the sole discretion of Make My Donation. Any nonprofit receiving payments will be responsible for taxes based on its net income or gross receipts.
- FundDeed does not enforce a minimum goal on projects. All donations made will be collected on your behalf and passed along to the receiving charity or non-profit.
- Notwithstanding the foregoing, any Fees described herein are exclusive of GST, which will be charged as a separate line item on invoices.
- Tax Deductions. FundDeed makes no representation as to whether all or any portion of your donations are tax deductible. The Platform Service Fee charged by FundDeed, is not tax deductible. FundDeed will have no liability for any claim by any Federal, State, local or any other tax authority with respect to the characterization on any applicable tax return of any donation by you, any FundDeed user or any Charity. You should consult your tax advisor as to the amount of your donation that is tax deductible, particularly if you are awarded a gift, reward or prize in connection with your donation.
- Chargebacks and Error Refunds. Occasionally, a donor may dispute a credit card charge for a donation through the FundDeed site. In the event of a chargeback or refund, a service charge will be collected by FundDeed, in addition to any service charges from any third party payment processors.
- FundDeed enforces a strict “No Refunds” policy for donations made through our Services. However, we recognize circumstances wherein reversal of transactions are necessary. These include Charge Back and Gross Error transactions.
- A Charge Back transaction occurs when the credit card holder files a dispute with their bank stating that either they did not authorize or recognize the transaction on their credit card or bank statement. FundDeed staff will provide supporting documentation in an effort to resolve the Charge Back case in favor of FundDeed. However, if FundDeed is unable to resolve such cases and the case is referred to pre-arbitration, FundDeed will accept the Charge Back transaction. Further, FundDeed will, under its variance power authority, not remit any funds to the advised organization that has been charged back. If the Charge Back funds have already been remitted to the advised organization, no attempt will be made to compel the organization to return the funds since the payment is considered complete and unrestricted. However, FundDeed will not issue any further remittance of donations until it receives additional donations from supporters or other sources advised for the organization equal to the amount of the Charge Back.
- A Gross Error transaction occurs when then credit cardholder / donor makes a transaction for an amount grossly different than the intended amount. For example, a donor makes a $10,000.00 donation instead of $10.00 donation. A Gross Error transaction DOES NOT include transactions made to the wrong organization or project page, containing an incorrect name, or designation, or any other non-financial reason. FundDeed retains sole authority to determine the exact criteria of a Gross Error transaction. A Gross Error transaction refund will only be considered if FundDeed has not yet remitted the funds to the designated organization Once funds are remitted, the donor should contact the receiving organization in order to attempt to correct the error.
- Credit Card Anti-Laundering Policy. Only the authorized credit card holder may donate on the FundDeed Website. A third party may not use the donor’s card information or enter donations on behalf of the donor. This practice is known as “credit card laundering” and violates Visa and MasterCard usage agreements. FundDeed may report any such abuses to the appropriate authorities. This restriction does not preclude the use of computer terminals or kiosks, with access to the FundDeed Website, for the authorized credit card holder to utilize in order to make a donation.
- Users agree not to use an invalid or unauthorized credit card in making transactions on the FundDeed site. Once a donation is made, the transaction is final and not subject to dispute unless unauthorized use of the Users payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.
3. PROJECT CREATOR/OWNER TERMS
Any individual, entity or organization that registers as a member and raises funds through the site or the services (“fundraisers”) is subject to the following additional terms of these terms that apply specifically to fundraisers.
- By raising funds through the services, you represent and warrant that:
- you are soliciting and raising money for a non-profit, charity, or cause that is legal under all applicable Federal, State and local laws and regulations; and
- you acknowledge FundDeed as your legal agent to remit all donated funds (minus fees pursuant to above terms) for the purpose stated on the site, and under no circumstances may the funds be used for any other purpose (please be aware that you cannot specify or direct how the Charity or Non-profit may use funds raised). Additionally, if you are raising funds for a non-profit organization (a “Charity”) you represent and warrant that such Charity: (i) has and will maintain tax-exempt status under section 501(c)(3) of the Internal Revenue Code; and (ii) is registered with either the GuideStar database or CharityNavigator database.
- Creating and Posting a Project. Any site member may create and post a project to showcase and share certain information about the project and elicit financial contributions (“Donations”) from other members and users by following the subsequent procedure and rules:
- Create a campaign profile page and post a “Funding Request.” You may be required to provide payment information depending on how donations are made.
- Designate the legal entity or person receiving the donations (the “Beneficiary”) and ensure the Beneficiary sets up an account with the designated independent payment processor (the “Processor”) to receive donations. You may designate yourself as the Beneficiary.
- You may offer non-monetary rewards for donations.
- By using our service, you agree that a third party may join your team and/or choose your campaign as one of its favorites and may add it to the third party’s page or list on the site. You may opt-out by changing the settings on your campaign and you may also remove individuals from your team through your settings.
- If you create a campaign, you represent and warrant that you: by your sole discretion choose to set-up, organize and complete your Project Activities, which are not organized or sponsored by FundDeed, or the charity itself.
- You agree that FundDeed, nor any of their affiliates, sponsors, endorses, authorizes, or approves of such Project Activities and they have no involvement in, or control over the planning, organization, or conducting of such Activities. You acknowledge and agree that you take full responsibility to assume all risk in conducting such Activities and soliciting any participation. You agree that FundDeed nor any of its affiliates, will be liable to you and/or to any third party for any direct, indirect, consequential, exemplary, special, punitive, or incidental damages arising from your Project Activities. You may not promote any Project Activities in a manner that would give the appearance that it is organized, endorsed, and/or sponsored by the Charity, unless you have the Charity’s express permission to do so.
- You agree not to:
advertise or sell any goods or service. This includes your agreeing not to upload to, post, share, or otherwise publish through the FundDeed Website any content that is commercial in nature, including but not limited to promotional material, advertising, or solicitation for goods or services (other than materials that directly further your charitable fundraising)
- operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise;
- upload, post or distribute any User Content which, in FundDeed’s sole determination, is false, indecent, defamatory, disparaging to the reputation of any individual or business, obscene, offensive, threatening, profane, harmful to minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, violent, tasteless, denigrating, insensitive, pornographic or sexually oriented, or otherwise objectionable, or would constitute or encourage a criminal offense or other illegal activity, and/or violate the rights of any party or any law;
- You agree not to engage in any conduct that: is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or offensive descriptions of sexual matters; encourages conduct that would constitute a criminal offense or that gives rise to civil liability; violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights; victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; impersonates any person, business or entity, including FundDeed, or its employees and agents; violates these Terms or any other policy posted on the FundDeed Website; or interferes with others’ use of the FundDeed Website or the services provided by FundDeed.
- Remitting Donations to Non-Profits. If you are a Fundraiser or Donor, you are solely responsible for ensuring that you have selected the correct organization to fundraise for or donate to. All donations to nonprofits are made as unrestricted gifts and may not be specified for any particular purpose. The amount of donations to the nonprofit designated by Donors are charged on the users credit card and paid to, and processed by, Make My Donation, Inc. on behalf of the Project Owner to the nonprofit organization chosen. Any remittance of donations are final and non-refundable. The donations will be held in a non-operating bank account until such time as Make My Donation, Inc. forwards the donations to the nonprofit or Charity. Make My Donation, Inc. forwards donations to the nonprofit at intervals as determined by Make My Donation, Inc. and the nonprofit. It is as frequently as monthly but no less frequently than quarterly. Donations to the nonprofit designated by you will be net of fees as designated in the Payments, Fees, Taxes section above. This fee structure is subject to change from time to time at the sole discretion of FundDeed. Users agree not to use an invalid or unauthorized credit card in making transactions on the FundDeed site. Once a donation is made, the transaction is final and not subject to dispute unless unauthorized use of the Users payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.
- As a Charity, receipt of funds is based on the payment processor, as described above. In addition, all Charities will be responsible for taxes based on their net income or gross receipts (if any).
- Content. When you are using the site and/or the services, you may have the opportunity to post, stream, transmit or otherwise provide photos, videos, ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other content (including information, if any, on message boards, friend feeds, comments or other forums on the site or through the services (collectively “User Generated Content”).You alone, not FundDeed, are responsible for all of your User Generated Content and you retain ownership to all User Generated Content. However, by submitting your User Generated Content to FundDeed, you hereby grant FundDeed a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, your User Generated Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in your User Generated Content.
- You warrant that the holder of any worldwide intellectual property right, including moral rights, in your User Generated Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. In addition, you represent and warrant that you will not:
- provide User Generated Content that is obscene, indecent, defamatory, libelous, unlawfully threatening or unlawfully harassing, or infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- create any liability for FundDeed or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;
- engage in any conduct that, in FundDeed’s sole judgment and discretion, restricts or inhibits any other user from using or enjoying the site or services
- use the site or services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- interfere with or disrupt any servers or networks used to provide the site or services or their respective features, or disobey any requirements of the networks FundDeed uses to provide the site or services;
- gain unauthorized access to the site, or any account, computer system, or network connected to this site or services, by any unauthorized or illegal means;
- obtain or attempt to obtain any materials or information not intentionally made available through the site or services;
- use the site or services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the site or services for fundraising activities is expressly permitted;
- engage in advertising or commercial solicitation of any product or service without FundDeed’s written consent, except that using the site or services for fundraising activities is expressly permitted;
- gather for marketing purposes any email addresses or other personal information that has been posted by other users;
- post any identification documents or sensitive information about another person.
- FundDeed shall have the right, but no obligation, to monitor User Generated Content and other features of the site and services to determine compliance with these terms and any other operating rules we establish. FundDeed shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted through the site or services. We do not control any User Generated Content that you or other users may provide. FundDeed neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the User Generated Content, whether it is provided by FundDeed, our employees, or a third party.
- Under no circumstances will FundDeed be liable for any loss or damage of any kind caused by reliance on information obtained through User Generated Content of the site or services. FundDeed is not responsible for any offensive, defamatory, obscene or any other posting made through the site or services. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in FundDeed’s sole discretion is inappropriate, objectionable or in violation of these terms. Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email to email@example.com.
- FundDeed is a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230 and expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider on the site or through the services.
- Digital Millennium Copyright Act; Copyright Complaints. FundDeed respects the intellectual property rights of others and requires those that visit the site and use our network to do the same. FundDeed may, in appropriate circumstances and at our discretion, remove or disable access to material on the site or our network that infringes upon the copyright rights of others.
- FundDeed also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to the site or users of our network repeatedly infringe on others’ copyrights, FundDeed may in its sole discretion terminate those individuals’ rights to use the site or our network. If you believe that your work has been used on our site or network in any manner that constitutes copyright infringement, please notify FundDeed’s copyright agent by written notice. The notice should include the following information:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
- A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
- Identification of the location on the site of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
- A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf.
- FundDeed’s copyright agent for notice of claims of copyright infringement on the site and our network is Merlan Tarin who can be reached at FundDeed LLC, 1604 Stanford Avenue, Redondo Beach, California 90278 or firstname.lastname@example.org, phone: 310-717-3175
- Promotions. You are not permitted to offer any contest, competition giveaway, sweepstakes or similar activity (each, a “Promotion”) on FundDeed without our prior written consent. You may seek permission by sending an email to email@example.com.If we consent, you take full responsibility for the Promotion, and you agree that: (a) such Promotion shall comply with all applicable laws; (b) you are solely responsible for all facets of the Promotion; (c) you may not use the Marks or any other FundDeed intellectual property in the rules or any other materials relating to the Promotion, without FundDeed’s express written permission; (d) such Promotion does not require making a donation as the only way to enter; (e) such Promotion is not marketed to anyone under the older of the age of 18 or the age of majority for the state in which you reside; and (f) such Promotion may not endorse, sponsor or promote anything related to gambling, alcohol, illegal or prescription drugs, pornography, or tobacco.
- You will include the following provisions within your official rules for any Promotion that you choose to administer or publicize on the site: (i) FundDeed does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases FundDeed from any and all liability and (iii) all questions concerning the Promotion must be directed to you and not to FundDeed.
- Suspension or Termination of Your Use of the Site. These Terms will commence on the date you accept them (as described above) and remain in full force and effect until terminated in accordance with this section. Notwithstanding the foregoing, if you used the site or services prior to the date you accepted the terms, you hereby acknowledge and agree that the terms commenced on the date you first used the site or services (whichever is earlier) and will remain in full force and effect while you use the site or services, unless earlier terminated in accordance with the terms. FundDeed has the right to suspend or terminate any services provided to you at any time with or without reason. You agree that all terminations for cause shall be made in FundDeed’s sole discretion and that FundDeed shall not be liable to you or any third party for any termination of your account. If you want to terminate any services provided by FundDeed, you may do so by notifying FundDeed at any time, with your notice sent, in writing, to our address set forth below. Termination of any service includes removal of access to such service and barring of further use of the service, provided that any donations made prior to the effective date of termination will continue to be processed. All provisions of the terms which by their nature should survive, shall survive termination of services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
- No Endorsement of Links to Other Web Sites. Any links to other websites are provided as merely a convenience to you. This site and the services may provide links or references to other websites but FundDeed has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content from these other websites. You understand that, except for information, products or services clearly identified as being supplied by FundDeed, we do not operate, control or endorse any information, products or services on the Internet in any way. FundDeed does not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If you decide to access any of these other websites linked to this site, you do so entirely at your own risk.
4. SUPPORTER AND DONOR TERMS
Any individual, entity or organization that registers as a member and donates funds through the site or the services (“backer”, “donor” or “supporter”) is subject to the following additional terms of these terms that apply specifically to donors.
- Supporter Risk. All donations are at your own risk. Please make sure that when you donate to a given Cause or Charity, you understand how your money will be used. When donating, only donate to those people or entities that you feel comfortable donating to or otherwise know and trust. FundDeed does not warrant that funds will be used for any particular purpose and is not responsible for any misuse of the funds by the beneficiary.Supporters represent and warrant that any donation you make is legal in your jurisdiction and that you are authorized to use the payment method you have selected. Each donor agrees and acknowledges that: (i) all donations to Charities are made as unrestricted gifts and may not be specified for any particular purpose; (ii) designated donation and registration amounts and Processing Fees will be charged to the credit or debit card or other payment method you use through Stripe; (iii) all donations are final and non-refundable.
- Tax-Deductible Contributions to Charitable Causes. Donations made on the FundDeed Website in support of Registered Charities, Projects of Registered Charities, or Charity Fundraisers (collectively, “Charitable Causes”) are complete and final charitable gifts and are not refundable. Normally your donation to a Charitable Cause made through the FundDeed website will be receipted with indication of the non-profit that will benefit, and the estimated amount that could be considered tax-deductible.
- It is FundDeed’s normal practice to remit 84.6% less $0.30 per transaction to the qualifying tax-exempt entity and/or cause assigned by the Project Owner, and to retain 10% for platform costs and expenses, plus 2.9% and $0.30 cents per transaction for Stripe credit card processing costs, plus 3.5% per transaction for donation processing and grant distribution by Make My Donation, Inc., for a total of 16.4% plus $0.30 per transaction. A remittance to the advised charity and/or cause is generally made on the 1st of the month following receipt of the advised contribution in the previous calendar month (e.g, a donation on July 5th would be regranted on August 1st).
- FundDeed makes every reasonable effort to respect the wishes of its donors. However, to comply with federal tax laws and Internal Revenue Service regulations, our payment processing partner, Make My Donation, Inc. must retain the exclusive authority, discretion, and legal control over all donated funds. In the rare event that the charity you have advised does not satisfy FundDeed criteria or otherwise does not enable or accept payment (reasons for this include issues like: they don’t or cannot accept donations, are not recognized by the IRS as a public charity, or are not in good standing with federal or state regulators, etc.), FundDeed may select an alternate charity to receive your advised funds.
- In certain instances, FundDeed may retain an additional percentage to support the efforts of the charity partner in conducting a giving event. Any additional retained percent will be disclosed on the home page for the giving event and on the final checkout page prior to completing your donation. For more information please feel free to contact firstname.lastname@example.org.
- Donor Information. Privacy and security of donor information is of vital importance to us. We will not share or sell names of donors without their consent. When you contribute to any cause on the FundDeed website, you grant us permission to access your donation records at any time and to use the information you provide to process your donation. Unless you indicate at the time of making your donation that you would like to remain anonymous, we or FundDeed will make available to the Charity or Non-profit online reports identifying, where available, your name, email, and transaction accounting details.
5. ADDITIONAL TERMS
- Indemnification. You agree to indemnify, defend and hold FundDeed and its affiliates, if any, officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorney’s fees) resulting from: (a) your use, misuse or abuse of the site, services or the Site Information; (b) your User Generated Content; or (c) your breach of any provision of these terms. You will cooperate as fully as reasonably required in FundDeed’s defense of any claim. FundDeed reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without FundDeed’s written consent
- DISCLAIMER. YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE SITE INFORMATION AND THE SERVICES ARE PROVIDED “AS IS,” AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, FundDeed, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. FundDeed, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE, THE SITE INFORMATION OR THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF SITE, SERVICES OR SITE INFORMATION. FundDeed ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, ANY USER GENERATED CONTENT) OR USER COMMUNICATIONS.
- LIMITATION ON LIABILITY. FUNDDEED, ITS AFFILIATES AND ITS SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS, ANY DONATIONS THROUGH THE SITE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES OR THE SITE INFORMATION, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL FundDeed BE LIABLE TO YOU FOR MORE THAN FIFTY DOLLARS ($50.00). YOU AND FundDeed AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE SITE OR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
- RELEASE. YOU HEREBY AGREE TO RELEASE FundDeed, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES OR THE SITE INFORMATION.If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
- Security of the Site. FundDeed maintains reasonable safeguards and personnel policies that are designed to guard the site, the services, our systems and our volunteers’, fundraisers’, donors’ and Charities’ information. For example, for the security of your online visit to the site, FundDeed may make use of firewall barriers, encryption techniques and/or authentication procedures. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while FundDeed strives to protect your information, it cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, FundDeed will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the site.
- Electronic Communications. When you visit the site, use the services or send emails to FundDeed, you are communicating with us electronically. You consent to receive communications from FundDeed electronically. FundDeed may communicate with you by email or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that FundDeed provides to you electronically satisfy any legal requirement that such communications be in writing. You may give notice to FundDeed at the following address: 1604 Stanford Avenue, Redondo Beach, California 90278, Phone: 310-717-3175. Such notice shall be deemed given when received by FundDeed by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
- Jurisdiction and Governing Law. You agree that these terms, for all purposes, shall be governed and construed in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions. In addition:
- Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms where the total amount of the award sought is less than Five Thousand U.S. Dollars (US $5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with the Terms. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules:
- the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
- all arbitration proceedings shall be held in English;
- the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed to by the parties; and
- any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, the FundDeed may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from California law, including the laws governing what can legally be sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinances, regulations and statutes that are applicable to your use of the site or services.
- Any other dispute (including whether the claims asserted are arbitrable) shall be referred to and finally determined by binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by the Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”).
- You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights 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. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
- You and FundDeed must abide by the following rules: (i) ANY CLAIMS BROUGHT BY YOU OR FundDeed MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (ii) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (iii) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, FundDeed will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (iv) FundDeed also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (v) the arbitrator shall honor claims of privilege and privacy recognized at law; (vi) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for the purposes of enforcement of the arbitration award; (vii) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (viii) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by applicable law.
- The arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by these terms. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of the Terms, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by California law or United States federal law. Notwithstanding the foregoing, either you or FundDeed may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in California, in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
- With the exception of (d)(i) and (ii) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either (d)(i) or (ii) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor FundDeed shall be entitled to arbitration. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in California. By using the site or services in any manner, you agree to the above arbitration provision. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
- Site is for Use in the United States. The site is hosted in the United States and is intended for users located in the United States. If you are a non-U.S. user of site, by visiting the site, using the services and/or providing FundDeed with any User Generated Content specifically or Content generally, you agree to comply with all federal and state U.S. laws governing the site, the services, online conduct and acceptable Content and User Generated Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
- It is the express wish of the parties that the terms and all related documents have been drawn up in English.
- If you are located in the United Kingdom, a third party who is not a party to the terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the terms, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.
- If you are located in Germany, notwithstanding any limitation in these terms, FundDeed is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations.
- Conflict with Other Agreements. These terms are in addition to, and do not nullify, any other agreement between you and FundDeed or any other applicable terms and conditions found on the site. In the case of any direct conflict between these terms and any other agreement between you and FundDeed, the provisions of such other agreement shall control but only to extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the site. Notwithstanding the above, when you use FundDeed in order to make or receive a donation, your use of that service is governed by the FundDeed Privacy Notice and FundDeed User Agreement. When you make or receive a donation or registration payment through Stripe, or Make My Donation, your use of that service is governed by the respective terms of Service.
- Modification of the terms. In FundDeed’s sole discretion, we may unilaterally amend or modify these terms or any other documents referenced herein at any time by posting on the site. The date of the most recent revision will appear at the top of this page. If FundDeed has a working email contact for you and the changes to the terms are material, FundDeed may notify you of such changes by sending you an email to the address you have provided to us. FundDeed encourages you to review these terms periodically for any updates or changes. Any amended or modified terms will be effective upon posting, at the time set forth in an email notice to you or as otherwise decided in FundDeed’s sole discretion and as posted to the site. Continued use of the site constitutes acceptance of any modified terms and conditions.
- Additional Terms. FundDeed also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the site, which may be posted in the relevant parts of the site, and will be identified clearly and conspicuously. For example, FundDeed may post additional rules to participate in a promotion. Your continued use of the site constitutes your agreement to comply with these additional rules. Those terms will control in the event of any conflict with these terms.
Miscellaneous Other Provisions.
- In the event that one or more portions of these terms shall, for any reason, be held to be unenforceable, the remaining portion will remain in full force and effect.
- The headings used throughout these terms are solely for convenience of reference and are not to be used as an aid in the interpretation of these terms.
- If FundDeed fails to enforce any parts of these terms, it will not be considered a waiver.
- These terms make up the entire agreement between you and FundDeed regarding the site and supersede any prior agreements.
- These terms do not confer any third party beneficiary rights.
- You will not assign or transfer any of your rights or responsibilities under these terms to anyone without FundDeed’s express written permission.
- FundDeed may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in these terms shall prevent FundDeed from complying with the law.
- FundDeed shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Please contact us at email@example.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Services.