IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Services in any manner, and each of your heirs, assigns, and successors. If you use the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.
“Campaign” means a cause, goal, or event for which a Campaign Organizer seeks donations through the Services.
“Campaign Challenge” means a program through which a Donor commits a certain amount of donations to one or more Campaigns selected by the Donor or Donating to Humanity.
“Campaign Organizer” means an individual or organization who creates or manages a Campaign.
“Donor” means an individual or organization who donates to a Campaign or Campaign Challenge.
“Members” means Donors, Campaign Organizers, and other users of the Services.
To use the Services you must be, and represent and warrant that you are, of legal age (18 years of age or older or otherwise of legal age in your jurisdiction, or, if you have parental consent, 13 years of age) and competent to agree to these Terms. If Donating to Humanity has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services.
Additional Terms and Policies
We may, from time to time, modify these Terms. Please check this page periodically for updates. Any changes will be posted on the Services. If you do not agree to, or cannot ⁰ We may assume that any communications we receive under your account have been made by you.
You are responsible for notifying us at
email@example.com if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. Donating to Humanity will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses, and attorneys’ fees incurred by Donating to Humanity or a third party due to someone else using your account.
Intellectual Property and Other Proprietary Rights
The Services are owned and operated by Donating to Humanity and contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by Donating to Humanity and its partners, as well as other sources, and is protected by the United States copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. The Services are also protected as a collective work or compilation under U.S. copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by Donating to Humanity and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Donating to Humanity and such others. You agree to protect the proprietary rights of Donating to Humanity and all others having rights in the Services during and after the term of these Terms and to comply with all reasonable written requests made by Donating to Humanity or its suppliers and licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. You agree to notify Donating to Humanity immediately upon becoming aware of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Services shall, as between you and Donating to Humanity, at all times be and remain the sole and exclusive property of Donating to Humanity.
User ContentUser Content and Submissions
The Services may enable you to submit, post, upload, or otherwise make available (collectively, “Post”) content such as Campaigns, photographs, questions, ideas, comments and other content (collectively, “User Content”) that may or may not be viewable by other users.
Our License to User Content
User Content Representations
You acknowledge and agree that all User Content that you Post is your sole responsibility. You further agree that you have all the required rights to Post such User Content without violation of any third-party rights. You understand that Donating to Humanity does not control, and is not responsible for, User Content and that by using the Services, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical errors, other inadvertent errors, or inaccuracies. You agree that you will indemnify, defend, and hold harmless Donating to Humanity for all claims resulting from User Content you Post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.
User Content Review
You acknowledge and agree that Donating to Humanity and its designees may or may not, at Donating to Humanity ’s discretion, pre-screen User Content Donating to Humanity its appearance on the Services, but that Donating to Humanity has no obligation to do so. You further acknowledge and agree that Donating to Humanity reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Services. Without limiting the foregoing, Donating to Humanity and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Donating to Humanity ‘s sole discretion. You acknowledge and agree that Donating to Humanity does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Services only for your own use, and only in a manner that complies with all legal requirements that apply to you or your use of the Services. Donating to Humanity may revoke this license at any time, in its sole discretion.
Use of the Services for any illegal purpose, or any other purpose not expressly permitted in these Terms, is strictly prohibited. Without limitation, you will not:
Post User Content that is polemic, sectarian, or divisive in its nature;Post User Content that supports violence or terrorism;Post User Content that harasses, abuses, or threatens any other person, or that contains obscene content; is false, misleading, or inaccurate; degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or any other classification; is unlawful, harmful, tortious, defamatory, libelous, or invasive of another’s privacy;Copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, or create derivative works from any content or other information contained on or obtained from or through the Services, by any means except as provided for in these Terms or expressly provided by Donating to Humanity ;Scrape, access, monitor, index, frame, link, or copy any content or information on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly-available portions of the Services through a browser;Violate the restrictions in any robot exclusion headers of the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services;Post material that advocates illegal activity or discusses illegal activities with the intent to commit them;Post or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment (including without limitation any time bomb, virus, malware, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, “disabling,” “lock out,” “metering” device or any malicious code);Post or do anything that could disable, overburden, or impair the proper working of the Services;Post material that impedes or otherwise prohibits communication or disrupts user discussion;Post, utilize or otherwise make available any other party’s intellectual property unless you have the right to do so, or remove or alter any copyright, trademark or other proprietary notice contained on the Services;Post any trade secrets or other confidential information, or post any material that you do not have a right to make available under any law or under contractual or fiduciary relationships, including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements;Falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity in a manner that does not constitute parody;Solicit personal or sensitive information from other users for purposes not permitted by these Terms;Send spam or other advertisements or solicitations, surveys, contents, pyramid schemes, promote commercial entities, or otherwise engage in commercial activity on or through the Services;Frame, inline link, or similarly display the Services or any portion of the Services; orInterfere with any other party’s use and enjoyment of the Services.
Without limiting the foregoing, Campaign Organizers represent and warrant that (1) all information provided in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any Member or other user; (2) all donations contributed to a Campaign Organizer’s Campaign will be used solely as described in the Campaign; and (3) Campaign Organizers will comply with all applicable laws and regulations, including laws and regulations from the jurisdictions from which a Campaign Organizer solicits donations. Campaign Organizers that share personal data with us further represent and warrant that they may share such personal data with us under applicable law without restriction.
We may sometimes offer Campaign Challenges, where Donors may commit to donating a certain amount of money over a given period of time to one or more Campaigns selected by the Donor or Donating to Humanity. Even where Donating to Humanity selects the Campaigns (for Campaign Challenges or elsewhere through the Services), you understand that Donating to Humanity makes no representations about, confirms, or endorses any of the Campaigns selected. You further understand that Donating to Humanity makes no representations about, confirms, or verifies that the donations will be used in accordance with the fundraising purposes set forth in the selected Campaigns.
DONORS ARE SOLELY RESPONSIBLE FOR ASSESSING THE VALUE AND APPROPRIATENESS OF CONTRIBUTING TO ANY CAMPAIGN. WE ENCOURAGE DONORS TO USE THEIR DISCRETION WHEN SUPPORTING CAMPAIGNS.
Though we have no obligation to verify the accuracy of Campaigns and the use of donations, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Campaign Organizer is not raising or using the funds as stated in the Campaign, please alert us of this potential issue by emailing us at firstname.lastname@example.org.
You agree that you are solely responsible for your interactions with any other user in connection with the Services and Donating to Humanity will have no liability or responsibility with respect thereto. Donating to Humanity reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services and any third party relating to the use of the Services.
Payment processing services for campaign creators on Donating to Humanity are provided by BlueSnap and are subject to the BlueSnap Account Agreement: https://home.bluesnap.com/terms-and-conditions/ Where applicable, BlueSnap may facilitate money transmission services. By agreeing to these Terms, you agree to be bound by the BlueSnap Account Agreement which may be modified by BlueSnap from time to time. As a condition of Donating to Humanity enabling payment processing services through BlueSnap, you agree to provide us accurate and complete information about you and any applicable Campaigns, and you authorize Donating to Humanity to share with BlueSnap this information and transaction information related to your use of the payment processing services provided by BlueSnap. Donating to Humanity is not responsible for the performance of BlueSnap.
Unless otherwise negotiated and approved in writing, Donating to Humanity will collect a 5% fee for all Campaigns on the total amount raised online, in addition to a 3-4% credit card processing fee on all successful online charges. The exact credit card processing fees can differ based on credit card rates.
Funds will be sent to Campaign Organizers within 90 days after the successful completion of a Campaign barring any unforeseen circumstances such as (1) a possible violation of the Terms or any other law, rule, or regulation, (2) inaccurate information associated with the Campaign or any donations which can delay the transfer of funds, or (3) delay based on Holds as set forth in the Account Suspensions section below.
Without limiting any other rights we have, we may refund all donations to a Campaign if we have not received sufficient Campaign account information or accurate information to transfer funds within 90 days after the Campaign closes. Questions about refunds may be directed to us at email@example.com.
Any Campaigns raising funds outside of the United States through BlueSnap shall be subject to the following additional conditions: (1) Additional fees to transfer internationally, with such amounts to be collected by BlueSnap through deductions of Campaign donations; (2) transfer of funds may be delayed beyond the 90-day period described here; and (3) a $300 U.S. dollar minimum in total donations raised for foreign (non-US based) campaigns. If the $300 minimum is not met, Donating to Humanity will refund all donations made to that particular BlueSnap Campaign. Without limiting any other rights we have, Donating to Humanity may elect to refund all donations made to a particular BlueSnap Campaign where Donating to Humanity cannot identify the final beneficiary of funds to verify or for any other reason in Donating to Humanity ’s sole discretion.
WePay Terms of Service
Perks and Incentives
Campaign Organizers may be given an opportunity to offer goods, promotions, or services (“Perks and Incentives”) to Donors of their Campaigns. Creators are solely responsible for delivering Perks and Incentives promised to Donors. Failure to provide Perks and Incentives to Donors as promised may result in various penalties including but not limited to; reimbursement of Donors at the Campaign’s expense, and suspension of accounts and current and future Campaigns by the Campaign Organizer.
Each Campaign Organizer is responsible for determining what, if any, taxes apply to the donations received through the Services. Campaign Organizers are responsible for assessing, collecting, reporting, or remitting the correct tax, if any, to the appropriate tax authority.
Donating to Humanity 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. Donating to Humanity 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 any Donor. 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 Perks and Incentives in connection with your donation.
From time to time, Donating to Humanity may (1) place a hold on a Campaign account, suspending the ability of a Campaign Organizer to obtain donations made to the Campaign and/or (2) place a hold of transfer of funds already raised (either or collectively a “Hold”). We may place a Hold (and refund all donations made to that particular Campaign to the Member(s) who made such donations) if: (i) we have reason to believe (in our sole discretion) that information provided by a Campaign Organizer is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) the funds available should be provided directly to a person other than the Campaign Organizer (such as a legal beneficiary or person entitled by law to act on behalf of a Campaign Organizer), (iii) we have reason to believe that a Campaign or Campaign Organizer has violated these Terms, or (iv) required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Campaign account, or need information about how to resolve the Hold, please contact us at firstname.lastname@example.org.
Warranties and Disclaimers
THE SERVICES AND ITS CONTENTS, WHETHER PROVIDED BY Donating to Humanity, ITS LICENSORS, ITS VENDORS OR ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, Donating to Humanity DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE SERVICES IS FREE OF ERRORS; (ii) DEFECTS WILL BE CORRECTED, OR (iii) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL Donating to Humanity OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE SERVICES, OR ANY LINK PROVIDED ON THE SERVICES, WHETHER OR NOT Donating to Humanity HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT YOU DONATED TO THE CAMPAIGN TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A DONATION FOR A CAMPAIGN, $100.
If you are a California resident, you hereby waive California Civil Code §1542, which says: “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.” This release includes the criminal acts of others.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as above in Section 17. Accordingly, some of the above limitations may not apply to you. If you are a New Jersey resident or a resident of another state that permits the exclusion of these warranties and liabilities, then the limitations in Section 17 specifically do apply to you.
Third-Party Links and Services
The Services may provide (1) information and content provided by third parties; and (2) links to third-party websites or resources. Donating to Humanity is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that Donating to Humanity shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties (including Campaign Organizers) will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, if you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Services, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;a description of your copyrighted work or other intellectual property that you claim has been infringed; a description of where the material you claim is infringing is located on the Services (providing us with website URL is the quickest way to help us locate content quickly); your address, telephone number, and e-mail address;a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our copyright agent can be reached as follows:
Donating to Humanity, Inc.
c/o Inubaan LLC
11145 Golden Silence Dr
Riverview, FL 33579
Please note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Modification and Termination of the ServicesModification of Services
Donating to Humanity reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), with or without notice. You agree that Donating to Humanity shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.
These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion, deny you access to all or part of the Services at any time for any or no reason at all, with or without notice to you. If we terminate your right to access the Services, these Terms will terminate and all rights you have to access the Services will immediately terminate, provided that any donations made prior to the effective date of termination will continue to be processed in accordance with these Terms. All provisions of the Terms which by their nature should survive shall survive termination of services, including without limitation Sections 1 (Definitions), 3 (Additional Terms and Policies), 6 (Intellectual Property and Other Proprietary Rights), 7 (User Content), 10 (No Endorsement), 11 (User Disputes), 16 (Legal Compliance), 17 (Warranties and Disclaimers), 18 (Exclusions and Limitations), 19 (Indemnification), 22 (Modification and Termination of the Services), 23 (Arbitration and Class Action Waiver), 24 (Controlling Law and Severability), 25 (Feedback), and 26 (General Terms). Termination of your account may also include, at Donating to Humanity ’s sole discretion, the deletion of your account and/or User Content.
Arbitration and Class Action WaiverPLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Application
You and Donating to Humanity agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 23 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 Campaigns and donations); 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.
Initial Dispute Resolution
Most disputes can be resolved without resort to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at email@example.com and provide a brief, written description of the dispute and your contact information (including your Campaign name, if your dispute relates to a Campaign). 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 Donating to Humanity, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided in section 23(g) below) subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties’ relationship with each other, and/or your use of Donating to Humanity shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions.
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’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Filing a Demand
To start an arbitration, you must do the following: (a) Write a Demand for Arbitration that includes a description of the claim and the number of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 150 West Jefferson, Suite 850, Detroit, Michigan 48226; and (c) Send one copy of the Demand for Arbitration to us at Donating to Humanity, 4444 2nd Ave, Detroit MI, 48201.
To the extent, the filing fee for the arbitration exceeds the cost of filing a lawsuit, Donating to Humanity will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Donating to Humanity will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
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. If you are a resident of the United States, 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. For individuals residing outside the United States, the arbitration shall be initiated in Wayne County, Michigan, United States. You and Donating to Humanity further agree to submit to the personal jurisdiction of any federal or state court in Wayne County, Michigan, in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver
The parties further agree that the arbitration shall be conducted in the party’s respective 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. YOU AND Donating to Humanity AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 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 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.
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 with jurisdiction 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.
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 written notice of your decision to opt-out to at firstname.lastname@example.org with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of (a) the Effective Date of these Terms; or (b) the first date that you used the Services that contained any versions of the Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt-out of these arbitration provisions, Donating to Humanity also will not be bound by them.
Changes to This Section
Donating to Humanity will provide thirty (30) days’ notice of any changes to this section by posting on the Services. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. 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.
This Arbitration and Class Action Waiver section shall survive any termination of your use of the Services.
Controlling Law and Severability
These Terms shall be construed in accordance with and governed by the laws of the State of Michigan notwithstanding its conflicts of law principles. Except for claims subject to mandatory arbitration, any dispute arising out of these terms and conditions or the use of this site shall be initiated and conducted in the state or federal courts of Wayne County, Michigan, and you and Donating to Humanity consent to the exclusive jurisdiction of such courts.
By sending us any feedback, comments, questions, or suggestions concerning Donating to Humanity or our services, including the Services (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Donating to Humanity and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your account or the Services.
General TermsForce Majeure
Under no circumstances shall Donating to Humanity be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
No waiver of any provision of these Terms will be binding unless, in writing, no waiver of any provisions of these Terms will be deemed a further or continuing waiver of such provision or any other provision, and the failure of Donating to Humanity to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
Third-Party Beneficiaries/Relationship between the Parties
You agree that there shall be no third-party beneficiaries to these Terms. No agency or employment between you and Donating to Humanity is created as a result of the Terms or your use of the Services.
Statute of Limitation
Except for residents of New Jersey, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Donating to Humanity and govern your use of the Services, and supersede any prior agreements between you and Donating to Humanity on the subject matter. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Donating to Humanity without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of Donating to Humanity. No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. The section titles in these Terms are for convenience only and have no legal or contractual effect.
We may deliver notice to you by e-mail, posting a notice on the Services or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address: (1) Donating to Humanity, 11145 Golden Silence Dr, Riverview, FL, 33579. ; or (2)email@example.com.
If you have any questions about these Terms, please contact us by email at firstname.lastname@example.org.
Last Updated: April 6, 2018
Before you use or submit any information through or in connection with the Services, please carefully review this Policy. By using any part of the Services, regardless of how you access the Services, you consent to the collection, use, and disclosure of your information as further outlined in this Policy. IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT USE THE SERVICES.We will continue to evaluate this Policy as we update and expand the Services and our offerings, and we may make changes to the Policy accordingly. Any changes will be posted here and you should check this page periodically for updates. If we make material changes to this Policy, we will provide you with notice as required by law. Your continued use of the Services will signify acceptance of the terms of the updated Policy.
Information We Collect
We collect information in multiple ways, including when you provide information directly to us, and when we passively collect information from you, such as from your browser or device.
Information You Provide Directly To Us
We may collect information from you in a variety of ways, such as when you:
Register for an account; Complete your Member profile; Donate to a Campaign; Create a Campaign; Fill out a survey or provide us with Feedback; Request certain features (e.g., newsletters, updates, and other products); Use certain features that require your information to function (e.g., portions of our Services that require log-in to participate); Communicate with us; or post User Content, including comments, to or on any of our Services.
The information you provide directly to us may include, but is not limited to: (i) name; (ii) email address; (iii) mailing address; (iv) phone number; (v) birthdate; (vi) workplace information; (vi) photographs and audio/video content; and (vii) financial information, including information needed to verify your identity. If you are a Campaign Organizer, you may also provide us with a registered non-governmental organization number or another organizational number, along with other information related to your organization.
Our Services may include Campaign boards, chat rooms, forums, message boards, newsgroups, and other community tools that are publicly visible to other Members and users. Please be considerate and respectful of others while using the community to share your opinions. We reserve the right but do not have the obligation, to review and monitor such postings or any other content on our Services, and to remove postings or content that may be viewed as inappropriate or offensive to others.
Information that is Passively or Automatically CollectedDevice/Usage Information
We may automatically collect certain information about the computer or devices (including mobile devices or tablets) you use to access the Services. As described further below, we may collect and analyze information such as (a) IP addresses, geolocation information, unique device identifiers, IMEI and TCP/IP address, and other information about your computer or device(s), browser types, browser language, operating system, mobile device carrier information, the state or country from which you accessed the Services; and (b) information related to the ways in which you interact with the Services, such as: referring and exit web pages and URLs, platform type, the number of clicks, domain names, landing pages, pages, and content viewed and the order of those pages, statistical information about the use of the Services, the amount of time spent on particular pages, the date and time you used the Services, the frequency of your use of the Services, error logs, and other similar information. As described further below, we may use third-party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information.
Cookies and Other Electronic Technologies
We may also collect data about your use of the Services through the use of Internet server logs, cookies, and/or tracking pixels. A web server log is a file where website activity is stored. A cookie is a small text file that is placed on your computer when you visit a website, that enables us to: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand the web pages of the Services you have visited; (iv), enhance your user experience by delivering content and advertisements specific to your inferred interests; (v) perform searches and analytics; and (vi) assist with security administrative functions. Some cookies are placed in your browser cache while those associated with Flash technologies are stored with your Adobe Flash Player files. Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads and/or email, and that are designed to provide useful information like ad impressions or clicks, measure the popularity of the Services and associated advertising, and to access user cookies. We also may include Web beacons in email messages, newsletters, and other electronic communications to determine whether the message has been opened and for other analytics, personalization, and advertising. As we adopt additional technologies, we may also gather additional information through other methods.
Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). You can also manage the use of Flash technologies, including cookies and local storage objects with the Flash management tools available at Adobe’s website. Please note that by blocking any or all cookies, you may not have access to certain features or offerings of the Services.
We may collect different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based functionality on mobile devices used to access the Services), and may use that information to customize the Services with location-based information and features. We may use such information to improve the Services, including providing you with location-based features (e.g. to identify Campaigns that may interest you). To deliver customized content and advertising, we may share your location information with our agents, vendors, or advertisers. If you access the Services through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details. If you disable certain functions, you may be unable to use certain parts of the Services.
Information from Social Networking Sites and Other Third Parties
We may collect information about you or others through our affiliates or through non-affiliated third parties. For example, you may be able to access the Services through a social networking account, such as Facebook. If you access the Services through your Services account, you may allow us to have access to certain information in your Services profile. This may include your name, profile picture, gender, networks, user IDs, list of friends, location, date of birth, email address, photos, videos, people you follow and/or who follow you, and/or your posts or “likes.”
Social networking sites, such as Facebook, have their own policies for handling your information. For a description of how these sites may use and disclose your information, including any information you make public, please consult the sites’ privacy policies. We have no control over how any third-party site uses or discloses the personal information it collects about you.
We may also collect information about you or others through non-affiliated third parties. For example, to the extent permitted by law, we may, in our sole discretion, ask for and collect supplemental information from third parties, such as information about your organization’s history, information to verify your identity or trustworthiness, or for other fraud or safety protection purposes. We may combine information that we collect from you through the Services with information that we obtain from such third parties and information derived from any other products or services we provide.
Collection of information across personal devices
Sometimes we (or our service providers) may use the information we collect – for instance, log-in credentials, IP addresses, hashed email addresses, and unique mobile device identifiers – to locate or try to locate the same unique users across multiple browsers or devices (such as smartphones, tablets, or computers), or work with providers that do this, in order to better tailor content, features, and advertising, and provide you with a seamless experience across the devices you use to access the Services.
How We Use Your Information
We may use the information we collect from and about you for the following purposes:
For the purposes for which you provided it;To recognize and authenticate you on the Services;To initiate or to provide the features, services and products available through the Services;To send you information about your relationship or transactions with us, account alerts, or other communications, such as newsletters to which you have subscribed;To contact you with information, surveys, or Campaigns that we believe may be of interest to you both regarding our products and services and those of third parties;To process and respond to your inquiries or to request your Feedback;For internal research and reporting;To improve the content and features of the Services or develop new Services;To personalize the content and advertising that you see on the Services or on other websites;For internal recruiting purposes;With your consent, to call or send you SMS messages regarding your relationship with us or offers or services that may interest you;To enforce the legal terms that govern your use of the Services; and to administer and troubleshoot the Services.
Please note that we may combine information that we collect from you and about you (including automatically-collected information) with information we obtain about you from our affiliates and/or non-affiliated third parties, and use such combined information in accordance with this Policy.
We may aggregate and/or de-identify information collected through the Services. We may use de-identified and/or aggregated data for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, Campaign Organizers, and/or others.
When We Disclose Your Information
We may disclose and/or share your information to or with any non-affiliated third parties under the following circumstances:
We may use third-party web analytics services (such as those of Google Analytics) on our Services to collect and analyze the information discussed above and to engage in auditing, research, or reporting. The information (including your IP address) collected by various analytics technologies described in the “Cookies and Similar Technologies” section will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services, including by noting the third-party website from which you arrive, analyzing usage trends, assisting with fraud prevention, and providing certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here. We may also use Adobe Analytics to analyze and optimize the performance of our websites, advertising, and content. To learn more about Adobe’s privacy practices and to make choices regarding Adobe’s tracking activities, please click here.
If you receive an email from us, we may use certain analytics tools, such as clear GIFs to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.
We may use third-party advertising technologies that allow for the delivery of relevant content and advertising on our Services, as well as on other websites you visit. We also work with website analytics and advertising partners, including Google, Doubleclick Campaign Manager, and Facebook, to deliver Donating to Humanity ads on third party publisher websites, and these partners may set cookies on your device’s web browser. The ads may be based on various factors such as the content of the page you are visiting, the information you enter such as your age and gender, your searches, demographic data, user-generated content, and other information we collect from you. These ads may be based on your current activity or your activity over time and across other websites and online services and may be tailored to your interests.
We may also allow other third parties (e.g., ad networks and ad servers such as Google Analytics, DoubleClick and others) to serve tailored ads to you on the Services, other sites, and in other applications, and to access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the Services. We may provide our customer information (such as email addresses) to service providers, who may “match” this information in de-identified form to cookies (or mobile ad identifiers) and other proprietary IDs, in order to target or “retarget” you with ads when you visit other websites and mobile applications. (You may opt-out of many of these service providers as described in the next paragraph.)
Please note that to the extent advertising technology is integrated into the Services, you may still receive advertisements even if you opt-out. In that case, the advertising will not be tailored to your interests. Also, we do not control any of the above opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.
Notice Concerning Do-Not-Track Signals
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We do not recognize or respond to browser-initiated DNT signals, as the Internet industry is currently still working toward defining exactly what DNT means, what it means to comply with DNT and a common approach to responding to DNT. To learn more about Do Not Track, you can do so here.
Accessing and Controlling Your Data
In order to ensure that the information we maintain is accurate, you may access certain of your information and delete, change, or modify that information in accordance with applicable laws by editing your user profile. You must promptly update your user profile if it changes or is inaccurate. Donors may also be provided with an option of anonymizing certain of their information in connection with a donation, such that the information is not publicly available. Please be advised, however, that Donor information will remain visible to Donating to Humanity and to the relevant Campaign Organizers.
Consent to Transfer
Our computer systems are currently based in the United States, Canada, United Kingdom, Turkey, Malaysia, and Singapore, so your personal data will be processed by us in one or more of those jurisdictions. The data protection and privacy regulations in each of these jurisdictions may not offer the same level of protection as in other parts of the world. By using the Services, you agree to this Policy and you consent to the transfer of all such information to the jurisdictions identified above, which may not offer a level of protection equivalent to that required in the jurisdiction in which you reside, and to the processing of that information as described in this Policy.
The Services are intended for general audiences and not for children under the age of 13. If we become aware that we have collected personal information (as defined by the Children’s Online Privacy Protection Act) from children under the age of 13, we will take reasonable steps to delete it as soon as practicable.
We have implemented administrative, technical, and physical security measures to protect against the loss, misuse, and/or alteration of your information. These safeguards vary based on the sensitivity of the information that we collect and store. However, we cannot and do not guarantee that these measures will prevent every unauthorized attempt to access, use, or disclose your information since, despite our efforts, no Internet and/or other electronic transmissions can be completely secure.
You may be provided with a password upon creation of your account. We recommend that you immediately change this password and otherwise change your passwords periodically. You are responsible for maintaining the security of your applicable account usernames and passwords. If you believe that your account username and/or password have been stolen or been made known to others, you must contact us immediately at email@example.com and change your password immediately. We are not responsible if someone else accesses your account(s) through the information that they have obtained from you.
Third-Party Links and Services
The Services may contain links to or “frame” third-party websites, applications, and other services (e.g., including websites related to Campaigns and their Campaign Organizers). Please be aware that we are not responsible for the privacy practices of such other sites and services. We encourage our users to be aware when they leave our Services and to read the privacy statements of each and every site they visit that collects their information.
Your California Privacy Rights
California Law permits visitors who are California residents to request certain information once per year regarding our disclosure of “personal information” (as that term is defined under applicable Florida law) to third parties for such third parties’ direct marketing purposes. To make such a request, please send an email to support@DonatingtoHumanity.org with “Privacy Support” in the subject line or write to us at Donating to Humanity Inc., 11145 Golden Silence Dr, Riverview, FL, 33579.
Questions About this Policy
If you have any questions about our Policy, you can contact us by emailing us at support firstname.lastname@example.org Address: Donating to Humanity Inc. 11145 Golden Silence Dr, Riverview, FL, 33579.