IMPORTANT — THIS IS A LEGAL AGREEMENT BETWEEN YOU AND FUNDRAISE GENIUS LLC. YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS AS THEY GOVERN YOUR ACTIVITIES AS A PARTICIPANT IN ANY MONEY-RAISING CAMPAIGNS OR ACTIVITIES – AND ANY USE OF THE PLATFORM – AND REQUIRES YOU TO MAKE CERTAIN PROMISES, REPRESENTATIONS AND WARRANTIES, AND IMPOSES A VARIETY OF OBLIGATIONS.
This Platform Participation Service Agreement is by and between Fundraise Genius, LLC., a corporation in operation in Gilbert, Arizona, (“Fundraise Genius”, or “we” or “us”), and You (hereinafter the “Participant(s)”, “you”, or “your”). Collectively Fundraise Genius and Participant shall be known as the “Parties” and individually each shall be known as a “Party”. This Platform Participation Service Agreement, which is comprised of the Terms and Conditions below (the “Terms and Conditions”), and any schedules and other attachments – constitute the complete and entire agreement, and supersede all prior or contemporaneous oral or written agreements concerning such subject matter (collectively the “Agreement”).
YOUR ACCESS TO AND USE OF THE FUNDRAISE GENIUS PLATFORM IS SUBJECT TO THIS AGREEMENT, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS, ALONG WITH ANY OTHER TERMS AND CONDITIONS SET FORTH BY FUNDRAISE GENIUS IN WRITING. IN REGARD TO YOUR USE OF THE PLATFORM, TO THE EXTENT THIS AGREEMENT CONFLICTS WITH ANY OTHER FUNDRAISE GENIUS TERMS AND CONDITIONS, THIS AGREEMENT SHALL GOVERN. FUNDRAISE GENIUS IS WILLING TO ALLOW THE USE OF THE FUNDRAISE GENIUS PLATFORM BY YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE PLATFORM. YOUR ACCESS TO AND USE OF THE PLATFORM CONSTITUTES YOUR ACCEPTANCE OF – AND AGREEMENT TO ABIDE BY – THIS AGREEMENT. THIS AGREEMENT MAY BE CHANGED OR MODIFIED BY FUNDRAISE GENIUS FROM TIME TO TIME, AND YOUR CONTINUED USE OR ACCESS OF THE PLATFORM AFTER SUCH CHANGED OR MODIFIED TERMS SHALL BE DEEMED AS ACCEPTANCE OF SUCH CHANGES OR MODIFICATION. YOU ARE ENCOURAGED TO REVIEW THIS AGREEMENT PERIODICALLY FOR UPDATES AND CHANGES.
TERMS AND CONDITIONS
1. Description of the Fundraise Genius Platform
Fundraise Genius provides a fundraising software platform (the “Platform”) that allows participants to effectively manage their fundraising campaign (the “Campaign”), harness email and SMS communication for outreach, collect donations, and process fundraiser sales for their school, team, event, activity or organization (the “Beneficiary”). The Platform is accessed via the Fundraise Genius website located at https://www.fundraisegenius.com.
2. Requirements and Standards; Acceptance by Fundraise Genius
Access to the Platform is predicated upon your ability to meet – and continuing to meet – all of the requirements and standards delineated in this Agreement, and your acceptance of all of the Terms and Conditions of this Agreement. – Please note that Fundraise Genius reserves the option to review any request to access the Platform and participate in a Campaign, and to deny any request for access, for any reason. If you are a participant in a Campaign subsequent to your acceptance of this Agreement – unless we have denied your request for access, you will receive an account code that will provide backend access to the Platform.
You agree to provide true, accurate, current and complete information about yourself (and any team members for whom you might submit information) during the registration process. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete) – or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete – we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof). You are responsible for maintaining the confidentiality of your information. You agree to accept responsibility for all activities that occur under your account. You agree to notify us immediately by emailing us at firstname.lastname@example.org of any unauthorized use of your account or any other breach of security.
3. Participant Acknowledgment
Participant hereby acknowledges and agrees that access to the Platform – and use of the Platform in conjunction with any Campaign or any webpages created on behalf of a Beneficiary – does not constitute a solicitation of donations by Fundraise Genius; Fundraise Genius does not engage in any solicitation activities on behalf of you, or any Beneficiary with which you may be involved. Additionally, you acknowledge and agree that while Fundraise Genius may designate a Fundraise Genius representative to be available to answer your questions, that such Fundraise Genius representative is solely available to answer questions related to the functionality and features of the Platform. During the Term of this Agreement you hereby agree that you shall promptly respond to any inquiries, questions or requests for updates from Fundraise Genius related to your use of the Platform or other matter related to this Agreement.
4. Age Acknowledgement; Additional Acknowledgments
This Platform is intended solely for users who are 13 years of age or older, and any registration by, use of or access to the Website or involvement in any Campaign by anyone under 13 is unauthorized. If you are 13 or older but under the age of 18, we suggest that you review this Agreement – and discuss your planned use of the Platform – with your parent or guardian to make sure that your parent or guardian understands the terms and your planned participation. If you reside in a jurisdiction that would restrict the use of this Website – or any of the functionalities or features offered via this Website or a Campaign – because of age, or restricts the ability to enter into contracts as such as this one due to age, you must abide by such age limits and you must not use the Website if you are not permitted to do so by such local jurisdiction.
In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Platform. You also acknowledge and agree that use of the Internet and access to or transmissions or communications with the Platform is solely at your own risk. While Fundraise Genius has endeavored to create a secure and reliable Platform, you should understand that the confidentiality of any communication or material transmitted to/from the Platform over the Internet or other form of global communication network cannot be guaranteed.
5. Licenses; Grant Of Participant Rights
The Fundraise Genius Platform provides you with the ability to upload pictures, images, photographs, videos and other content (collectively, hereinafter, the “Content”) for use in conjunction with your Campaign(s). You represent and warrant that: (i) you own the Content posted by you on the Platform or otherwise used in conjunction with any Campaign, or otherwise have the right to grant the rights and licenses set forth in these this Agreement; and (ii) you have all approvals and permissions required for posting or using any such Content, and (iii) the posting and use of your Content on or through the Platform does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; you agree to pay for all royalties, fees, and any other monies owed for any Content you post on or through the Platform or use in conjunction with any Campaign. Additionally, if you are under the age of 13, you represent and warrant that you shall not post any pictures of yourself or anyone else under the age of 13 – or publicly post any other information with respect to yourself or anyone else under the age of 13 – until and/or unless we have received Higher-Level, Verifiable Consent.
With respect to any such Content, you hereby grant to Fundraise Genius an irrevocable, royalty-free and fully-paid, non-exclusive, perpetual right and license throughout the world to transmit, reproduce, store, display and distribute the Content, in whole or in part, for any and all purposes.
6. Prohibited Use/Activities
You hereby acknowledge, and represent and warrant, that your use of the Platform or any related services will not be, or alleged to be:
- unlawful, unauthorized, fraudulent or malicious in purpose;
- a violation, misappropriation or infringement on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
- false, offensive, abusive, libelous, hateful, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, pornographic;
- an invasion or violation of another’s right of privacy or publicity;
7. In addition, you agree you will not:
- create a false identity for the purpose of misleading others or impersonate any person or entity;
- violate any applicable local, state, national or international law;
- modify or make derivative works based upon the Platform;
- create Internet “links” to the Platform or “frame” or “mirror” the Platform on any other server or wireless or Internet-based device;
- reverse engineer or access the Platform in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Platform, or (c) copy any ideas, features, functions or graphics of the Platform;
- launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Platform;
- interfere with or disrupt the integrity or performance of the Platform or the data contained therein, or attempt to gain unauthorized access to the Platform or its related systems or networks.
8. Periodic Emails; Monitoring; Termination Of Access
Please note that Fundraise Genius may send you periodic email and SMS updates, reminders or other related messaging to the email address provided to us at registration. In addition, those emails and phone numbers that are entered for campaign outreach may receive several reminder emails and SMS messages during the course of an active fundraising campaign. Fundraise Genius has the right, but not the obligation, to monitor your use of the Platform and any Campaigns, and any and all related activities associated with such use. Fundraise Genius reserves the right, at any time and without prior notice, to suspend or terminate your account, or restrict, disable or permanently bar your use and access to the Platform (or any portion thereof) if we believe, in our sole discretion, that you have engaged, or may engage, in any of the above prohibited activities, are otherwise in violation of the term of this Agreement, or for any other reason.
9. Payments and Payments Processing; Rules for all Payments
As a donor you hereby acknowledge and agree that, for all donations/payment transactions, (1) you will not use an invalid or unauthorized credit or debit card or other payment method; (2) all donations/payment transactions final and non-refundable once a campaign has ended. (3) All donations are made as unrestricted gifts to the indicated beneficiary. If you have any questions regarding any payment transaction, please contact us by email at email@example.com.
Additionally, Fundraise Genius makes no representations or warranties as to whether any portion of your donation is tax deductible as a charitable contribution. It is the responsibility of the donor to confirm if the Beneficiary is a qualified organization.
You acknowledge and agree that all funds raised by Participants will be disbursed according to the option selected by the Beneficiary.
11. Limited License And Site Access; All Rights Reserved
Access to the Platform is provided by Fundraise Genius, and this Agreement provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to access and use the Platform in strict accordance with all the terms of this Agreement. Your use of the Platform and any services, tools, materials or information made available through the Platform is conditioned on your continued compliance with the terms and conditions of this Agreement. Accordingly, you expressly acknowledge and agree that Fundraise Genius transfers no ownership or intellectual property interest or title in and to the Platform.
This license does not include any resale or commercial use of this Website or the Content; any derivative use of this Website or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website – including any Campaign – may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without the express written consent of Fundraise Genius. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fundraise Genius without Fundraise Genius’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of Fundraise Genius’s name(s) or service marks without the express written consent of their owners. Any unauthorized use terminates the permission or license granted by Fundraise Genius.
12. Intellectual Property Rights; Rights To Feedback Copyright
Except as otherwise expressly stated, all content appearing on the Platform is the copy-righted work of Fundraise Genius or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content is also the exclusive property of Fundraise Genius and is protected by U.S. and international copyright laws.
You may download information from the Platform and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein or otherwise permitted, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or content obtained from this Platform, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Fundraise Genius or any applicable third party suppliers. The use of content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Fundraise Genius. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Fundraise Genius does not warrant or represent that your use of content, or any other materials displayed on this Platform will not infringe rights of third parties.
TRADEMARKS AND SERVICE MARKS
Certain trademarks are the service marks and trademarks of Fundraise Genius or one of its affiliates. The Fundraise Genius name, logo, the domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Fundraise Genius. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of Fundraise Genius.
You agree that submission of any ideas, suggestions, documents, and/or proposals that you might provide to Fundraise Genius is at your own risk and that we have 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 Fundraise Genius a fully paid, royalty-free, perpetual, irrevocable, world-wide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all feedback, and to sublicense the foregoing rights.
13. Participant’s Representations, Warranties and Covenants
You hereby represents, warrants and covenants that: (i) neither the making of this Agreement nor the performance of any acts by you contemplated by this Agreement, including the your use of the Platform, shall constitute a breach of any other agreement, written, oral, or implied, and (ii) during the Term, you shall comply with all federal, state, local and provincial laws, orders and permits, including any applicable rules or regulations required from any authority, including government, regulatory or other, as well as all other applicable requirements, and (iii) that all information that you have provided or posted related to, or regarding your designated Beneficiary, is accurate, truthful and up to date. Additionally, you hereby further represent, warrant and covenant that in regard to any Campaign in which you are a campaign creator or leader, you (i) have approval from the Beneficiary to conduct activities on their behalf, and (ii) that any information that you provide regarding or related to how the funds raised will be used – including the types of products that may be purchased – shall be accurate and truthful.
You agree to defend, indemnify, and hold harmless Fundraise Genius, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from: a) your use of the Platform or the launching and running of any Campaign; b) any act or omission by you; c) any breach by you of this Agreement, including any breach by you of any covenant, representation or warranty made by you. This indemnification obligation shall survive any termination of this Agreement.
15. Term and Termination
This Agreement shall be effective as of the moment you access the Website or Campaign, and shall continue until either Party terminates the Agreement (the “Term”). This Agreement may be terminated by the Fundraise Genius immediately for any reason by (i) giving Participant written notice (email shall suffice) of such termination, or by Fundraise Genius terminating Participant’s access to your account. This Agreement may be terminated by Participant for any reason by i) emailing Fundraise Genius at firstname.lastname@example.org, or by cancelling your account and ceasing all activities related to your use of the Platform and any Campaign(s).
In addition, Fundraise Genius reserves all of its legal rights to pursue any and all legal remedies if we believe your use of the Website or involvement with a Campaign is fraudulent or otherwise unlawful, or you are taking any actions or omissions that violate any term or condition of this agreement or in order to protect our name and goodwill, our business, and/or other users. In addition to the miscellaneous section below, the provisions concerning Fundraise Genius’s proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this agreement for any reason.
WHILE FUNDRAISE GENIUS ENDEAVORS TO PROVIDE A RELIABLE AND FUNCTIONAL PLATFORM AND RELATED SERVICES, THE PLATFORM, SERVICES AND ANY INFORMATION OR ASSISTANCE THAT MAY BE PROVIDED BY A FUNDRAISE GENIUS REPRESENTATIVE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE PLATFORM, SERVICES, INFORMATION AND ASSISTANCE. FUNDRAISE GENIUS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PLATFORM AND ALL EL-EMENTS THEREOF, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, SATISFACTORY QUALITY, QUIET ENJOYMENT AND ACCURACY, OR ANY OTHER IMPLIED WARRANTY, INCLUDING ANY WARRANTY PURSUANT TO THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS EN-ACTED BY ANY STATE. FUNDRAISE GENIUS DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC FUNCTIONALITY OR FEATURES IN REGARD TO THE PLATFORM. FUNDRAISE GENIUS ALSO MAKES NO REPRESENTATION, WARRANTY OR GUARAN-TEE OF ANY KIND THAT YOUR USE OF THE PLATFORM OR LAUNCH OF A CAMPAIGN WILL HELP YOU OR ANY OTHER PARTICIPANT RAISE MONEY, THAT THE PLATFORM OR ANY CAMPAIGN WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE PLATFORM WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU ASSUME ALL RISKS OF US-ING THE PLATFORM.
All content related to any campaign including any descriptions or information regarding an organization (the content) is being provided by the end users of our software plat-form, and we neither edit nor verify any of the content. The inclusion of any such organization in a campaign or on our website should not be viewed as an endorsement or recommendation of any kind, and we do not make any warranty or guarantee as to the truthfulness of any statements concerning the organization, or the worthiness, good standing, or financial health of any such organization. We also make no promises as to how any donations may be used by the organization; we do not monitor or control any of the organizations activities, and we shall not be responsible, in any manner for form, for the use or non-use of any funds or donations given to any such organizations. All content and other information is provided on an ‘as is’ or ‘as available’ basis, and Fundraise Genius expressly disclaims all warranties and conditions with respect to the website, campaign, content and all elements thereof, whether implied, express, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of third-party rights, satisfactory quality, quiet enjoyment and accuracy, or any other implied warranty under the uniform computer information transactions act as enacted by any state. Fundraise Genius also makes no representation or warranty that the website or any campaigns will operate error free or in an uninterrupted fashion or that any files or information that you download from the website will be free of viruses or contamination or destructive features.
17. Limitation Of Liability
UNDER NO CIRCUMSTANCES SHALL FUNDRAISE GENIUS (AND ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, DEVELOPERS, NETWORKS, AND DISTRIBUTORS) BE LIABLE FOR (i) ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITA-TION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OR PROFITS (INCLUD-ING LOSS OF DONATIONS) THAT RESULT FROM THE USE OF, OR THE INABIL-ITY TO USE, THE PLATFORM OR ANY OF THE SERVICES, OR (ii) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY FUNDRAISE GENIUS OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE PLATFORM, OR (iii) ANY ACTION TAKEN IN CONNECTION WITH, OR RELATED TO, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWN-ERS, ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION, OR ANY DAMAGE TO YOUR MOBILE DEVICE OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, LOSS OF GOOD-WILL, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR ANY OTHER ACTION. IN NO EVENT WILL FUNDRAISE GENIUS BE LIA-BLE TO YOU OR ANYONE ELSE FOR DEATH OR PERSONAL INJURY, EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. BY ACCESSING AND USING THIS PLATFORM, YOU EXPRESSLY AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN; IF YOU DO NOT AGREE TO THIS ALLOCATION OF RISK, YOU MUST NOT ACCESS OR USE THE PLATFORM. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 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 AF-FECTED HIS SETTLEMENT WITH THE DEBTOR.”
18. No Campaigns Outside of the United States; Hosting in the United States
Please note that the Fundraise Genius Platform does not support – and does not allow – any Campaigns for Beneficiaries domiciled outside of the United States. If you are raising funds for a U.S. Campaign from outside of the U.S., please be aware that your use of the Platform requires that you comply with all applicable federal and state U.S. laws. 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.
The Fundraise Genius Website and all Campaign pages are hosted in the United States. If you are a non-U.S. user of our Website or Campaign, by visiting or using an element thereof you agree to comply with all applicable federal and state U.S. laws. 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. Without limiting the generality of the foregoing, if you are a user, you agree to obtain and comply with all conditions of any registrations, permits, licenses, consents or permissions that you are required to hold in order to utilize the Website and any related Campaigns, and you shall immediately notify us if any such registration, permit, license, consent or permission is terminated or revoked.
We make no representations that the Website, any Campaigns, and any and all information contained therein, including the Content, are appropriate, available or legal in any particular location. This Website and any Campaign is not intended for access or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Fundraise Genius to any registration requirement within such jurisdiction or country. You hereby acknowledge and agree that you are choosing to access the Website and any Campaign on your own initiative and that you are responsible for compliance with all applicable international, federal, state, local and any other applicable laws, statutes, ordinances and regulations regarding your use of the thereof.
You hereby acknowledge and agree that this Agreement is subject to periodic revisions at the sole discretion of the Fundraise Genius. If any modification is unacceptable to you, your only recourse is to immediately cease using or accessing the Platform, and you can also provide notice of your termination of this Agreement by emailing us at email@example.com. Your continued access or use of the Platform following our change will constitute binding acceptance of the change.
20. Equitable Relief
Participant recognizes and acknowledges that a breach of his or her obligations pursuant to this Agreement may cause irreparable and material loss and damage to the Fundraise Genius and/or its affiliates, the amount of which cannot be determined readily and as to which the Fundraise Genius and/or its affiliates will not have an adequate remedy at law or in damages. Accordingly, in addition to any remedy the Fundraise Genius and/or its affiliates may have in damages by an action at law, the Fundraise Genius and/or its affiliates shall be entitled to the issuance of an injunction restraining any such breach or threatened breach or any other remedy at law or in equity for any such breach.
During the Term of this Agreement and for three (3) years after termination, Platform Participant agrees not to disclose any Confidential Information (as hereinafter defined) obtained from the Fundraise Genius to any other person or entity. As used herein, “Confidential Information” means information that is identified (orally or in writing) as confidential or of such a nature that a reasonable person would understand such information to be confidential. Confidential Information shall not include information (i) generally known to the public, (ii) already known, through legal means, to the party receiving the information, or (iii) legally obtained from a third party.
22. General/Miscellaneous Provisions
SUCCESSORS AND ASSIGNS
The rights and obligations of a Party under this Agreement shall inure to the benefit of and shall be binding upon the successors and assigns of that Party. Participant may not assign its rights, subcontract or otherwise delegate its obligations under this Agreement without Fundraise Genius’s prior written consent.
Fundraise Genius shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of Fundraise Genius including a delay in services from its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
All provisions that by their nature are intended to survive, including but not limited to disclaimers of warranties, confidentiality obligations and limitations of liability provisions, shall survive the termination of the Agreement. All other provisions shall be of no further force or effect upon termination, provided that all such provisions shall survive to the limited extent necessary for fundraiser to consummate and complete any and all transactions with any Lead(s) provided pursuant to this Agreement, whether during the Term of this Agreement or anytime subsequent to such Term.
Any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows, with notice deemed given as indicated: (a) by personal delivery, when delivered personally; (b) by overnight courier, upon written verification of receipt; (c) by telecopy or facsimile transmission, upon acknowledgment of receipt of electronic transmission; (d) by certified or registered mail, return receipt requested, up-on verification of receipt, or (e) only in the case of fundraiser, via email to the email address provided to The Fundraise Genius. Any notice sent to Fundraise Genius shall be sent to firstname.lastname@example.org.
RELATIONSHIP OF THE PARTIES
Nothing in this Agreement will create any franchise, joint venture, sales representative, or employment relationship between the Parties. Participant shall not have any authority to act for or to bind Fundraise Genius or any of its affiliates in any way.
This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of Arizona. Each of the Parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in Gilbert, Arizona, as applicable, for any matter arising out of or relating to this Agreement, except that in actions seeking to enforce any order or any judgment of such federal or state courts located in Gilbert, Arizona, such personal jurisdiction shall be nonexclusive.
In the event of a dispute, the Parties shall first attempt to resolve the dispute between themselves in good faith and then, if unsuccessful, by commercial mediation. At the re-quest of either Party, the other Party shall make itself available for mediation within thirty (30) days of the request, using the mediation rules of the Judicial Arbitration and Mediation Service (“JAMS”). If the dispute cannot be resolved in this manner, the dispute shall be resolved by arbitration using the relevant arbitration rules of JAMS, and judgment upon the award rendered by the arbitration tribunal may be entered into any court having proper jurisdiction. Nothing contained herein shall prevent either Party from exercising its right to injunctive relief in any court of law having proper jurisdiction.
If any provision of this Agreement is held by a court of law to be illegal, invalid or un-enforceable, (i) that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and, for avoidance of doubt, if such holding of invalidity or un-enforceability is based on a measure of liability, such provision shall be replaced by a legally valid measure of liability, and (ii) the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
No term or provision hereof will be considered waived by a Party, and no breach excused by a Party, unless such waiver or consent is in writing signed by a Party. This Agreement may be amended or modified only by mutual agreement of authorized representatives of the Parties in writing.
NO CLASS ACTIONS
YOU AND FUNDRAISE GENIUS AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR FUNDRAISE GENIUS WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR FUNDRAISE GENIUS ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND FUNDRAISE GENIUS FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, FUNDRAISE GENIUS, AND ALL PARTIES TO ANY SUCH PROCEEDING.
Please contact us if you have any questions regarding these Terms.
Last Updated: May 9, 2018