GIVVOR Terms and Conditions
Last Updated: 7/29/2019
These terms and conditions ("Terms"), including the BINDING ARBITRATION AND CLASS ACTION WAIVER CONTAINED HEREIN, govern your access to or use of the GIVVOR website, mobile application, platform, and additional services made available by Givvor, Inc. (“Givvor”), which has developed a proprietary fundraising platform called GIVVOR that allows users to raise financial funding from donors ("GIVVOR", "we", or "our") (collectively, with any new features and services, the "Services") and the entirety of your relationship with GIVVOR. The Services shall include any and all services, features, or tools made available on or through the GIVVOR website or mobile application or otherwise provided by GIVVOR, including but not limited to any widget, form, or other tools for marketing, communications, social sharing, event registration, branding, donation, integration, customization or promotions.
PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING OR ACCESSING THE SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IMPORTANT NOTICE: EXCEPT WHERE OTHERWISE PERMITTED OR RESTRICTED BY LAW, THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
These Terms do not govern your use of the GIVVOR branded website or services (for example, the www.GIVVOR.com website). Use of the GIVVOR services is subject to the GIVVOR Terms and Conditions.
ADDITIONAL TERMS AND POLICIES
Access to the Services from territories where the Services are illegal is strictly prohibited. Users are responsible for complying with all applicable federal, state, provincial, territorial, or local rules, laws, and regulations, directives and ordinances (collectively, “Applicable Laws”) regarding their use of the Services.
Our role. The purpose of the Services is to help individuals, entities or organizations raise money, but we do not pick or endorse any such individuals, entities or organizations or any of their campaigns or causes. We merely provide a technology platform to allow fundraisers to connect with donors. The existence of the Services is not a solicitation of donations by GIVVOR, and GIVVOR does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. By using the Services, you understand and agree that GIVVOR shall not be responsible for the use of your donations or the amount of funds raised for your charity, campaign, or event.
Becoming a Member.
To use the Services, you must: (1) be over the age of majority in the jurisdiction in which you live (i.e. at least 18, and in some cases 19 years old) or, if you are a minor over the age of 13, you may only use the Services with the permission and supervision of your parent or legal guardian; (2) be registered with us (to the extent required) and not have been previously restricted, suspended or terminated by us; and (3) not be using another User's account without her/his permission.
To use the Services, you will be asked to create an account (either "personal" or "non-profit"). Either type of account may be used to raise funds for a Charity (as defined herein), although you may only sign up for an account on behalf of an entity or organization if you have the legal authority to bind that entity or organization. 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 Services.
You may need a username and password to use certain features of the Services and you may create certain URLs when you establish a profile, fundraiser, event, or charity page subject to these Terms. By selecting a user name and any particular URL, you agree that you will not select or use a name or URL: (a) of another person with the intent to impersonate that person; (b) subject to the rights of any person without authorization; (c) in violation of the intellectual property rights of any person; or (d) that GIVVOR, in its sole discretion, deems inappropriate or offensive. You hereby expressly permit GIVVOR to identify you by your username (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 GIVVOR. You are responsible for maintaining the confidentiality of your password and account information, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify GIVVOR immediately of any unauthorized use of your password or account or any other breach of security. GIVVOR assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party. GIVVOR has the right to reclaim any usernames or URLs for any reason.
You agree to: (a) provide accurate information as prompted on the Services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or GIVVOR has reasonable grounds to suspect that such information is inaccurate, GIVVOR may suspend or terminate your use of the Services and/or decline to permit your continued use of the Services and future access to the Services.
Any User who creates an account on behalf of a nonprofit organization and raises funds through the Services ("Nonprofit") is subject to the following additional terms of these Terms that apply specifically to Fundraisers.
Individuals or Entities Fundraising for Nonprofits. By raising funds through the Services, you represent and warrant that: (a) you are raising money for a 501 nonprofit organization with a cause or activity that is legal under all applicable federal, state, provincial, territorial and local laws and regulations; and (b) all donated funds will be used solely for the purpose you have stated on the Services, and under no circumstances may you use the funds for any other purpose. You understand and agree you cannot specify or direct how a Charity may use funds raised.
If you or any other third party offer to match funds raised for a Charity through the Services, you or such third party are solely responsible for providing those matching funds to the Charity and for complying with any legal obligations associated with such a match. GIVVOR shall have no responsibility for providing such matching funds, ensuring that you or the third party provides those funds, or ensuring any relevant legal obligations are met.
Nonprofit Fundraising. If you are a Nonprofit or an agent of such Nonprofit using the Services to raise funds for such Nonprofit, you agree that you will comply with all applicable federal, state, provincial, territorial and local solicitation and/or fundraising laws, and you represent and warrant that such Nonprofit: (a) has and will maintain tax-exempt status under sections 501(c)(x) (as applicable) of the Internal Revenue Code; (b) has authorized you to raise money on its behalf through the Services. If you create a campaign on behalf of a Charity, you represent and warrant that you: (a) are the authorized representative of the Charity with the authority: (i) to solicit Donations (as defined herein) for the Nonprofit; and (ii) to bind the Nonprofit to these Terms; and (b) are using your Donations only as you have described on the GIVVOR platform.
Maintaining a nonprofit community page. A Fundraiser may create and post a campaign to showcase and share certain information about the campaign and Nonprofit and elicit financial contributions ("Donations") from other Users as follows:
Maintain a profile page and post a "Funding Request." You may be required to provide payment information depending on how Donations are made.
You may offer non-monetary rewards for Donations. You shall be solely responsible for providing any such non-monetary reward and ensuring such rewards comply with all Applicable Laws.
A third party may choose to join your fundraising team and/or choose your campaign as one of its favorites and may add it to that third party's page or list on the Services. You may opt-out of this selection or remove individuals from your team through your settings.
All Donations to a Charity will be made directly into the Charity's account.
Pricing. Nonprofits may choose to Verify their community on Givvor. Standard Accounts, including the features and services described here, are subject to these Terms and to the pricing. Nonprofits receive donations as determined by donors. Donors are charged a fee for making donations through Givvor. The minimum donation is $1 for any donation under $20 and a minimum of 5% for any donation over $20. Donations received by a verified nonprofit will be transmitted to the nonprofit based on the banking information specified within 2 business days of the donation being completed. Nonprofits may be charged a transaction fee based on any third-party processing fees for Credit Cards ($0.30 + 2.9%) or Bank-to-bank (0.8%) transfers.
By using the Services, each Nonprofit hereby authorizes us to charge the account and billing method on file for all applicable fees. Nonprofit will be responsible for any applicable taxes based on their net income or gross receipts (if any).
Chargebacks and Refunds. Occasionally, a Donor may dispute a credit card charge for a Donation through the GIVVOR Services.
If Donations are refunded to the Donor by Givvor, Inc. already remitted payment to the Nonprofit, Givvor, Inc. will deduct the chargebacks or refunds from future payments to the Nonprofit, and if necessary, issue an invoice to the applicable Nonprofit. The applicable Charity expressly agrees that it will be responsible for paying Givvor the full amount of any Donation refund due to a Donor or Event Registrant. Givvor, Inc. may elect to offset a future Donation rather than requesting that the Nonprofit return the refunded Donation.
You acknowledge that certain data available or otherwise accessible on or by means of the Services concerning the list of United States-based 501(c)(x) charities to which you may make a Donation is provided by United States Internal Revenue Service.
If you are the authorized representative of a nonprofit, and you do not wish for your Charity to appear in GIVVOR's searchable database, you may contact us at [email protected] to request that your Charity be removed from our database. Your email should include your full name, title, and an email address and phone number associated with your Charity. Please note that if your Charity is removed from the GIVVOR database, it will not be eligible to receive contributions through the GIVVOR platform.
Receiving Funds. As a Nonprofit, receipt of Donations, minus any applicable transaction fees and credit card fees, is based upon and subject to the applicable Processor's procedures and terms and credit card processor's terms. Available Processors are described under "Payment Processors: Our Partnership with Stripe and Stripe Connect" below. GIVVOR is not a payment processor and does not hold funds.
GIVVOR does not withhold funds for tax purposes or otherwise. Charities will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies.
Donors. Any individual, entity or organization that registers as a User and donates funds through the Services (“Donor”) is subject to the following additional terms of these Terms that apply specifically to Donors.
Donor's Risk. All Donations are at your own risk. When you make a Donation to a cNonprofit, it is your responsibility to understand how your money will be used. GIVVOR does not warrant that Donations will be used for any particular purpose and is not responsible for any misuse of the Donations. GIVVOR is not responsible for any rewards, promotions, Events, or any other offers or promises made by Charities or Event Organizers in exchange for Donations.
No Gift Restrictions. Donors are not permitted to impose restrictions on the use of Donations by a Nonprofit. To the extent that a Donation is made in response to an appeal for a particular program of a Nonprofit, or to the extent that a Donor purports to direct the use of Donations by a Nonprofit, any such directions shall constitute non-binding recommendations only and the Nonprofit shall have full discretion to determine how all Donations will be used.
Donor Commitments. By donating money through the Services, you 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: (a) all Donations to Nonprofits are made as unrestricted gifts and may not be restricted to any particular purpose; (b) designated Donations and registration fees and transaction fees will be charged to the credit or debit card or other payment method you use through Stripe and GIVVOR does not collect or store your credit card information; (c) all Donations are final and non-refundable; (d) recurring monthly Donations continue until the Donor cancels such recurrence, and if the Donor chooses to cover the fees so that their Donation goes to the cause, those fees are based on the Nonprofits' account pricing at the time of the first payment in that recurring series of payments and that the Nonprofits’ fees may be subject to change without notice to the Donor
Tax Deductions. GIVVOR makes no representation as to whether all or any portion of your Donations, including, if any, transaction fees, are tax deductible or eligible for tax credits. GIVVOR will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you, any GIVVOR User or any Charity. You should consult your tax advisor as to the amount of your Donation that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction, and particularly if you are awarded a gift or prize in connection with your Donation.
General Terms Applicable to Fundraisers, Charities, Donors and All Other Users
Ownership of the Services. The Services and all technology underlying the same are expressly owned and operated by GIVVOR. Unless otherwise noted, the design and content features on the 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, APIs, URLs, and the like, as well as the selection, assembly and arrangement thereof (collectively, the "Site Information"), are owned by GIVVOR or its affiliates, if any, or are licensed by GIVVOR from third parties. The 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 Services 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 GIVVOR sponsors or with which we are otherwise affiliated. GIVVOR's trademarks may not be used for personal financial gain. Use of the Marks is prohibited without GIVVOR's express written consent except as permitted by applicable laws. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without GIVVOR's express written consent.
No portion of the Services or Site Information may be reprinted, republished, modified, or distributed in any form without GIVVOR'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 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 Services, or the Site Information and you must retain all copyright, trademark, service mark and other proprietary notices contained on the Services or in the original Site Information on any authorized copy you make of the 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-sub-licensable, 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, 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 Services.
Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to GIVVOR through its suggestion, feedback, wiki, forum or similar pages, or any other channels ("Feedback") is at your own risk and that GIVVOR 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 GIVVOR a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sub-licensable right (through multiple tiers) 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.
Use of Services. TO THE FULL EXTENT PERMITTED BY LAW, THE SERVICES AND THE SITE INFORMATION ARE PROVIDED "AS IS" WITH ALL FAULTS. Your use of the Services, and the Site Information is at your own risk. The Services or Site Information may contain errors or omission, or may be out of date. The Services or Site Information may, without prior notice, change, be deleted or updated at any time. As a condition of your use of the Services, you promise to:
Use the Services and any information or content received in connection with the Services, including without limitation all Site Information, Donor Lists or User Generated Content (defined below), in compliance with this Agreement and all Applicable Laws;
Use the Services so as not to damage, disable, overburden or impair the service, our networks or systems and 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.
Prohibitions. You also agree that you will not:
use another User's account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Charity, Promotion, Event or campaign through the Services, or post User Generated Content (defined below) in any inappropriate category or areas on the Services;
use the Services or any information or content received in connection with the Services (including without limitation any Site Information, Donor Lists or User Generated Content) in any way that is obscene, indecent, defamatory, libelous, unlawfully threatening or unlawfully harassing, violates any Applicable Laws or infringes, misappropriates or violates any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
create any liability for GIVVOR 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 GIVVOR's sole judgment and discretion, restricts or inhibits any other user from using or enjoying the Services; interfere with or disrupt any servers or networks used to provide the Services or their respective features, or disobey any requirements of the networks GIVVOR uses to provide the Services; gain unauthorized access to the Services, or any account, computer system, or network connected to this Services, by any unauthorized or illegal means; obtain or attempt to obtain any materials or information not intentionally made available through the Services; use the 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 Services for fundraising activities in accordance with these Terms is expressly permitted; engage in advertising or commercial solicitation of any product or service without GIVVOR's written consent, except that using the Services for fundraising activities in accordance with these Terms is expressly permitted; collect, harvest or publish any personally identifiable data (including but not limited to names or other account information) from the Services in a manner not permitted by these Terms, or use the communication systems provided by the Services for any reason not explicitly authorized by these Terms, including commercial solicitation purposes; post any identification documents or sensitive information about another person; create a fundraising campaign involving legal disputes or legal issues or child custody issues; use any automated system including but not limited to robots, spiders, offline readers, scrapers to access the Services or Site Information for any purpose without GIVVOR's prior written approval; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the Services or Site Information for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (GIVVOR reserves the right to revoke these exceptions either generally or in specific cases);in any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate Services or User Generated Content including but not limited to, use on a mirrored, competitive, or third-party site;
transmit more request messages through the Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or attempt to indirectly undertake any of the foregoing.
Promotions. You are not permitted to offer any contest, competition giveaway, sweepstakes or similar activity (each, a "Promotion") on GIVVOR without our prior written consent. You may seek permission by sending an email to [email protected] and signing up for our service packages. 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, including without limitation any prizes offered; (c) you may not use the Marks or any other GIVVOR intellectual property in the rules or any other materials relating to the Promotion without GIVVOR'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 jurisdiction in which you reside; and (f) such Promotion may not endorse, sponsor or promote anything related to gambling, alcohol, illegal or prescription drugs, medical devices, national health products, firearms, 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 Services: (i) GIVVOR does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases GIVVOR from any and all liability and (iii) all questions concerning the Promotion must be directed to you and not to GIVVOR.
Content. When you are using 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 Services (collectively "User Generated Content"). You alone, not GIVVOR, 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 GIVVOR, you hereby grant GIVVOR and the applicable Charity a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sub-licensable right (and waive all moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, create derivative works of, 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. GIVVOR is not responsible, and shall not be liable, for any Charity’s or other third party’s use of any User Generated Content. In the event that you, or any entity you represent, receives User Generated Content in connection with your use of the Services, you represent, warrant and covenant that you shall only use such User Generated Content in accordance with these Terms and all Applicable Laws.
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 or otherwise violates these Terms or any Applicable Laws.
GIVVOR shall have the right, but no obligation, to monitor User Generated Content and other features of the Services to determine compliance with these Terms and any other operating rules we establish. GIVVOR shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted through the Services. We do not control any User Generated Content that you or other Users may provide. GIVVOR neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Services or User Generated Content, whether it is provided by GIVVOR, our employees, or a third party.
Under no circumstances will GIVVOR be liable for any loss or damage of any kind caused by reliance on information obtained through User Generated Content of the Services. GIVVOR is not responsible for any offensive, defamatory, obscene content or any other posting made through the 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 GIVVOR's sole discretion is inappropriate, objectionable or in violation of these Terms. Any User who feels that a posted message is objectionable is encouraged use the Contact us page or send an email to [email protected]
GIVVOR 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 through the Services.
Digital Millennium Copyright Act; Copyright Complaints. Digital Millennium Copyright Act; Copyright Complaints. GIVVOR respects the intellectual property rights of others and requires those that visit and use the Services to do the same. GIVVOR may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. GIVVOR 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 Users of the Services repeatedly infringe on others' copyrights, GIVVOR may in its sole discretion terminate those individuals' rights to use the Services. If you believe that your work has been used on our Services in any manner that constitutes copyright infringement, please notify GIVVOR'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 Services 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.
GIVVOR's copyright agent for notice of claims of copyright infringement on the Services
Suspension or Termination of Your Use of the Services. 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 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 Services (whichever is earlier) and will remain in full force and effect while you use the Services, unless earlier terminated in accordance with the Terms. GIVVOR has the right to suspend or terminate any services provided to you at any time with or without reason. You agree that all terminations shall be made in GIVVOR's sole discretion and that GIVVOR 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 GIVVOR, you may do so by notifying GIVVOR at any time, with your notice sent, in writing, to our address: 1161 Wayzata Blvd E, Wayzata, MN 55391, Attn: Corporate Counsel. 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. You acknowledge and agree that any and all additional services purchased pursuant to a package will not commence until receipt of full payment for such package.
No Endorsement of Links to Other Websites. Any links to other websites are provided as merely a convenience to you. The Services may provide links or references to other websites but GIVVOR 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 GIVVOR, we do not operate, control or endorse any information, products or services on the Internet in any way. GIVVOR 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 the Services, you do so entirely at your own risk.
Liability & Indemnification
Indemnification. You agree to indemnify, defend and hold GIVVOR and its affiliates and subsidiaries, if any, officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses, injuries, and damages of any kind (including attorney's fees) resulting from: (a) your use, misuse or abuse of the Services or the Site Information or any information, content, funds or other materials you receive in connection with your use of the Services or Site Information (including without limitation any Donor Lists or User Generated Content); (b) your User Generated Content or use of the User Generated Content of any other User; (c) your breach of any provision of these Terms; (d) any fundraising campaigns, Events, Promotions, or prizes; or (e) disputes between users (including but not limited to Fundraisers, Donors, Charities, and third parties). You will cooperate as fully as reasonably required in GIVVOR's defense of any claim. GIVVOR 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 GIVVOR's written consent.
DISCLAIMER. YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SITE INFORMATION, THE SERVICES, AND ANY INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICES (INCLUDING WITHOUT LIMITATION ANY DONOR LISTS OR USER GENERATED CONTENT) ARE PROVIDED "AS IS," AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, GIVVOR, ITS AFFILIATES AND SUBSIDIARIES AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS AND 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, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. GIVVOR, 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 INFORMATION, THE SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICES (INCLUDING WITHOUT LIMITATION ANY DONOR LISTS OR USER GENERATED CONTENT) 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 SERVICES OR SITE INFORMATION. GIVVOR ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, ANY DONOR LISTS OR USER GENERATED CONTENT) OR USER COMMUNICATIONS.
LIMITATION ON LIABILITY. EXCEPT FOR CONSUMER TRANSACTIONS BY RESIDENTS OF QUEBEC OR AS OTHERWISE PROHIBITED OR RESTRICTED BY LAW, GIVVOR, ITS AFFILIATES AND ITS SUBSIDIARIES, IF ANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS 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 SERVICES, YOUR ACCESS TO OR INABILITY TO ACCESS THE 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, INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICES OR ANY THIRD PARTY SITES LINKED TO THE SERVICES (INCLUDING WITHOUT LIMITATION ANY DONOR LISTS OR USER GENERATED CONTENT), 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 GIVVOR BE LIABLE TO YOU FOR MORE THAN SEVENTY DOLLARS ($70.00). YOU AND GIVVOR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. SOME JURISDICTIONS 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 DEPENDING ON WHERE YOU RESIDE. IF YOU ARE FROM NEW JERSEY, THE FOREGOING LIMITATIONS ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
RELEASE. YOU HEREBY AGREE TO RELEASE GIVVOR, 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 THE SERVICES, THE SITE INFORMATION OR ANY MATERIALS, INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICES. Security of the Services. GIVVOR maintains physical, technical, and administrative safeguards that are designed to help protect the Services, our systems and our volunteers', Fundraisers', Donors' and Charities' information. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. While GIVVOR strives to protect your information, it cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.
Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Application. This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below. If residing in the United States, these Terms evidence a transaction in interstate commerce, and thus the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision (or, if applicable, the Arbitration Act (Canada)) and not any state arbitration law. This arbitration provision shall survive termination of these Terms. By agreeing to these Terms, you agree to resolve any and all disputes with GIVVOR as follows:
Initial Dispute Resolution: Most disputes can be resolved without resort to litigation or arbitration. You can reach GIVVOR's support department at [email protected] Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the GIVVOR support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Notice of Dispute: A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice").
Arbitrator's Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by these Terms. The arbitrator's award shall be written and shall be binding on the parties without appeal or review except as permitted by California law or United States federal law and may be entered as a judgment by any court of competent jurisdiction. 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. 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 parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration.
Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
Class Action Waiver. The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. ANY CLAIMS BROUGHT BY YOU OR GIVVOR MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND 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. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on GIVVOR) written notice of your decision to opt out to [email protected] with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Services; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, GIVVOR also will not be bound by them.
Changes to This Section: GIVVOR will provide thirty (30) days' notice of any changes to this section by posting on the GIVVOR Terms website, sending you a message, or otherwise notifying you. Amendments will become effective thirty (30) days after they are posted on the GIVVOR Terms and Conditions website or sent to you. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled "Arbitration and Class Action Waiver," and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.
Except as provided above, 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 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.
Survival: This Arbitration and Class Action Waiver section shall survive any termination of your account or the Services. The provisions of this arbitration agreement shall only be in effect to the extent they are permitted under applicable laws. If the AAA Rules cannot be applied to an arbitration under applicable law, then the rules of the local governing arbitration body shall apply instead.
Electronic Communications. When you visit or use the Services or send emails to GIVVOR, you are communicating with us electronically. You consent to receive communications from GIVVOR electronically. GIVVOR may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that GIVVOR provides to you electronically satisfy any legal requirement that such communications be in writing. You may give notice to GIVVOR. Such notice shall be deemed given when received by GIVVOR by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Jurisdiction and Governing Law. The following limitations may not be applicable to consumer transactions by residents of Quebec or where otherwise prohibited or restricted by law. You agree that these Terms, for all purposes, shall be governed and construed in accordance with the laws of the State of Minnesota, without giving effect to its conflicts of laws provisions.
Services are for Use in the United States. The Services are hosted in the United States and is intended for users located in the United States. If you are user of the Services from outside of the U.S., by visiting or using the Services and/or providing GIVVOR with any User Generated Content specifically or Content generally, you agree to comply with all federal, state and provincial laws governing 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.
Conflict with Other Agreements. These Terms are in addition to, and do not nullify, any other agreement between you and GIVVOR or any other applicable Terms and conditions found on the Services. In the case of any direct conflict between these terms and any other agreement between you and GIVVOR, the provisions of such other agreement shall control but only to the extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Services. Modification of the Terms. In GIVVOR's sole discretion, we may unilaterally amend or modify these Terms or any other documents referenced herein at any time by posting on this website. The date of the most recent revision will appear at the top of this page. GIVVOR encourages you to review these Terms periodically for any updates or changes. Any amended or modified Terms will be effective upon posting. Continued use of the Services constitutes acceptance of any modified terms and conditions.
Additional Terms. GIVVOR also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Services, which may be posted in the relevant parts of the Services, and will be identified clearly and conspicuously. For example, GIVVOR may post additional rules to participate in a promotion. Your continued use of the Services 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 Term
Any failure by GIVVOR to enforce any parts of these Terms will not be considered a waiver of such Term in whole or in part.
These Terms make up the entire agreement between you and GIVVOR regarding the Services and supersede any prior agreements.
These Terms do not confer any third party beneficiary rights, except as expressly set forth herein.
You will not assign or transfer any of your rights or responsibilities under these Terms to anyone without GIVVOR's express written permission.
GIVVOR may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, reorganization or sale of equity or assets, or by operation of law or otherwise.
Nothing in these Terms shall prevent GIVVOR from complying with the law.
GIVVOR 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.