Please carefully read this agreement. By accessing or using our website, platform or services, you agree that you have read and agree to be bound by the terms and conditions of this agreement.
If you do not agree to these terms of service, or do not meet the qualifications included in this agreement, Donor360. is then unwilling to provide you with access to or use of our platform or services and you must not access or use our platform or services. If you access or use our website, platform or services, you acknowledge that you meet the qualifications included in this agreement and agree to be bound by this agreement.
Introduction and Acceptance of the Terms of Service
THESE TERMS OF SERVICE (the “Agreement” or “Terms of Service”) set forth the terms under which Donor360, Inc. d/b/a “Donor Three Sixty” and “Donor360”, a California corporation (“Donor360, “Company”, “we”, or “us”) will provide services (the “Services”) to you, the User (the “User”, “you”, or “your”) related to www.donorthreesixty.com and all affiliated websites, including mobile websites and applications, owned and operated by us or our Affiliates (the “Platform”).
We maintain that, by creating an account and using our Platform, you have read and do unreservedly accept this Agreement. This Agreement is important to you and us, as it is used to protect your rights as a valued customer and our rights as a business.
This Agreement is effective as of August 1, 2018. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE PLATFORM AFTER THE EFFECTIVE DATE.
We expressly reserve the right to change these Terms of Service from time to time. You acknowledge and agree that it is your responsibility to review the Platform and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of the Platform after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide by and be bound by the modified Terms of Service.
If any violation of these Terms of Service occurs, WE RESERVE THE RIGHT TO IMMEDIATELY SUSPEND OR DELETE ANY VIOLATING ACCOUNT AND TO TERMINATE ANY RELATIONSHIP WITH THE VIOLATING PARTY.
As used in this Agreement, references to our “Affiliates” includes our owners, subsidiaries, affiliated companies, officers, directors, employees, contractors, sellers, partners, sponsors, advertisers and includes (without limitation) all parties involved in creating, producing, and/or delivering this Platform and/or its contents.
This Agreement are the only conditions that are applicable and replace all other conditions, except in the case of prior express written consent.
The purpose of our Platform is to provide a mechanism to users of our Services to create and market their own fundraising campaigns using our Platform and the goods manufactured and sold by Donor360 and our partners. In particular, our Platform is designed to allow users (a “Campaign Organizer”) to create a webpage either on the Donor360 Platform or on the Campaign Organizer’s own proprietary website advertising a fundraising campaign (a “Campaign”) and to accept monetary donations (a “Donation”) from any individual or entity who wishes to contribute funds to the Campaign (“Donors”). Users may also purchase certain goods manufactured by Donor360 from Campaign Organizers as part of their Campaigns.
For purposes hereof, the term “Campaign Organizer” also includes any individual(s), non-profit organizations or other entities designated as a beneficiary of a Campaign.
There are no fees to set up a Campaign and Donor360 does retain a portion of each Donation to cover the costs of maintaining the Platform and manufacturing the goods available for sale through Campaigns.
Our Services include certain services that are available via mobile devices, including (i) the ability to upload content to the Platform via a mobile device, (ii) the ability to browse the Platform from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access our Platform or use our Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
By using the Mobile Services, you agree that we may communicate with you regarding Donor360 and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your Donor360 account information to ensure that your messages are not sent to the person that acquires your old number.
Campaigns and Donations
You understand and acknowledge that Donor360 is not a qualified charitable organization, regardless of whether or not any of our Affiliates or Campaign Organizers may qualify for 501(c)(3) status. Campaigns may not be charities to which you can make tax-deductible charitable contributions.
Donor360 facilitates the Donation transaction between Campaign Organizers and Donors, but is not a party to any agreement between a Campaign Organizer and a Donor. Donor360 has no control over the conduct of, or any information provided by, a Campaign Organizer or any other user, and Donor360 hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
We do not personally endorse any Campaign, Campaign Organizer, or other user, and we make no guarantee, explicit or implied, that any information provided by a Campaign Organizer is accurate. We expressly disclaim any liability or responsibility for the outcome of any fundraising purpose. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Campaign or Campaign Organizer.
Further, we do not guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a Campaign Organizer. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws; such responsibility rests solely with the Campaign Organizer. While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Service, 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 for their stated purpose, please send an email to our customer service department at [email protected] to alert our team of this potential issue and we will investigate.
You, as a Campaign Organizer, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any user; (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post or otherwise provide; (iii) you will comply with your jurisdiction’s applicable laws and regulations when you solicit funds, particularly, but not limited to, laws relating to your marketing and solicitation for your project; and (iv) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize Donor Three Sixty and Donor360, and Donor360 reserves the right to, provide information relating to your Campaign to Donors and beneficiaries of your Campaign or law enforcement or to assist in any investigation.
Account Set Up; Security and Password
In order to access and use some or a portion of the Platform, you will be required to register with www.donorthreesixty.com and to set up an account (your “Account”). To set up your Account, we need certain information about you, including your email address and a password, to create your account (collectively, “Account Data”). Please keep your Account Data accurate, current, and secure at all times. You may update your Account Data any time by logging in to your account at www.donorthreesixty.com. You consent to our collection and use of your Account Data.
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. You may not transfer or share your account or Account Data with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account or Account Data.
Digital Signature; Electronic Records
By registering for an account on the Platform, or by clicking to accept these Terms of Services when prompted on the Platform, you are deemed to have executed this Agreement electronically; effective on the date of your registration, pursuant to the US Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, and any amendments hereto.
In connection with this Agreement, you may be entitled to receive certain records in writing. You give us permission to provide any records you may be entitled to, such as contracts, account notices and other communications, electronically instead of in paper form.
Your Conduct on Our Website and Platform
As a condition of your use of our Platform, you agree that: (i) you are an individual person more than 13 years of age; (ii) your use of this Platform will at all times comply with the terms of these Terms of Service and all applicable laws.
BY USING THE SITE, YOU AGREE NOT TO ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, which constitute express violations of these Terms of Service:
- Attempting to, or actually accessing data not intended for you, such as logging into an account which you are not authorized to access;
- Tampering or interfering with the proper functioning of any part, page or area of the Platform and any and all functions and services provided by Donor Three Sixty and Donor360;
- Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Platform, or attempts at hacking, overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Platform;
- Using the Platform or any of its contents to compete, directly or indirectly, with Donor Three Sixty and Donor360;
- Using the Platform or any of its resources to solicit Platform users to become users of other online or offline services directly or indirectly competitive or potentially competitive with Donor Three Sixty and Donor360;
- Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our infrastructure (as determined in our sole discretion);
- Posting any content that may be false or misleading;
- Posting any content or information that may infringe on a third party’s intellectual property right, including, but not limited to any trade secret, trademark, copyright or patent;
- Harvest or otherwise collect information about other users, including email addresses, without their consent;
- Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Make payments, or request any payments to be made, outside of the Platform’s billing processing system;
Additionally, with respect to all Donations you make or accept through the Platform, you agree:
- Not to make or accept any donations that you know or suspect to be erroneous, suspicious or fraudulent;
- To maintain reasonable security measures to protect any information transmitted and received through the Platform, including, without limitation, by adhering to any security procedures and controls required by Donor Three Sixty and Donor360 from time to time;
- To maintain a copy of all electronic and other records related to Campaigns and Donations as necessary for Donor360 to verify compliance with these Terms of Service, and make such records available to Donor Three Sixty and Donor360 upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
- At Donor Three Sixty and Donor360’s request, including, without limitation, in case of investigations by Donor360, a payment processing partner, or a regulatory or governmental authority, fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.
Donor360 reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate these Terms of Service or harm the interests of our users, business partners, the public, or Donor360, or that expose you, Donor360, or others to risks unacceptable to us. We may share any information related to your use of the Platform with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your Donors, your Donations, and transactions made through or in connection with your use of the Platform.
If you discover or suspect any violation of the above terms, please email our customer service department at [email protected] to tell us about any problems or offensive content so that we can keep our Platform working properly. We may limit or terminate any of our Services, remove content, and take technical or legal steps to keep users off our Platform that are violating our Terms of Service, creating problems for other users, or acting in violation with the letter or spirit of our policies or any applicable laws.
We also reserve the right to change or remove any content or materials you post on the Platform at any time without notice to you.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our website must not be framed on any other site, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice.
Fees And Payment For Services
Creating an account and using our Platform is generally free.
However, when a Campaign Organizer starts a FUNdraiser to benefit a charity or other entity, the Campaign Organizer earns up to ten (10%) percent of all sales made during the Campaign and up to twenty (20%) percent of all sales will go to benefit the Campaign Organizer’s designated charity or entity. The remainder of the sale price or donation is retained by Donor360 to cover the costs associated with maintaining and operating the Platform and producing the various products made available for sale via the Platform and Campaign websites.
Donor360 generated revenue by selling its products and goods. We also generate revenue by sharing the OPT IN customer data with Campaign Organizers of customers who made purchases from the Campaign Organizer’s Campaign website to; such customer data is provided to Campaign Organizers for a monthly fee.
For Example, John buys a bear for $20 from Sarah's Campaign to benefit her local Children’s Hospital. 20% of the bear’s sale price goes directly to the Children’s Hospital and Sarah herself gets 10%. John can write off of 20% of his purchase as a charitable donation. John opts-in to receive information about the Children’s Hospital and their charitable works. Donor360 collates information about John and sells it for a monthly fee either to Sarah or the Children’s Hospital so that John may be contacted in the future for additional purchases and charitable donations.
All fees are quoted in United States Dollars and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on our Platform. Our fees are non-refundable and if your payment method fails or your Account is past due, we may collect fees owed using other collection mechanisms.
We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
In order to use the Platform, you must provide account information for at least one valid payment method. The Platform makes the following methods of payment available: credit cards, debit cards, in some cases bank accounts, PayPal, and such other methods of payment as we may accept from time to time in our sole discretion (collectively, “Payment Methods”). You hereby authorize us to store your Payment Method(s) or other financial information and to charge your Payment Method(s) (as applicable).
As a Donor, your Payment Method will be billed anytime you make a Donation or purchase goods from a Campaign Organizer or Campaign. For Campaign Organizers, your Payment Method will be billed for any charges incurred for use of our Services, as well as for the withdrawal of any Donation amounts.
By providing Payment Method information through the Platform, you represent and warrant that: you are legally authorized to provide such information to us; you are legally authorized to use the Payment Method(s); and such action does not violate the terms and conditions applicable to your use of such Payment Method(s) or applicable law.
When you authorize a payment using a Payment Method via the Platform, you represent and warrant that there are sufficient funds or credit available to complete such payment using your designated Payment Method. To the extent that any amounts owed under this Agreement cannot be collected from your Payment Method(s), you are solely responsible for paying such amounts by other means.
Donor360 uses third-party payment processing partners to bill your Payment Method for any Donations made, and Donors acknowledge that by contributing a Donation to a Campaign, the Donor is agreeing to any and all applicable terms set forth by our payment partners (currently, Shopify Payments and and PayPal, Inc.), in addition to these Terms of Service, including Shopify Payments, and PayPal’s terms of service.
Withdrawing Donations from a Campaign
You, as a Campaign Organizer (or, as applicable, the beneficiary designated by the Campaign), may withdraw Donations to your Campaign at any time up to the full amount of all Donations credited to your Campaign, less any applicable fees and any previously withdrawn amounts (“Withdrawals”) and subject to any holds that we or our payment partners may place on your Campaign account. A Campaign Organizer may withdraw Donations by electronic wire transfer to your bank account.
While Donor Three Sixty by Donor360 strives to make Withdrawals available to you promptly, you acknowledge and agree that Withdrawals may not be available to you for use immediately and Donor360 does not guarantee that Withdrawals will be available to you within any specific time frame. Donor360 expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time and any consequences arising from such delay or inability. You, as a Campaign Organizer, are responsible for ensuring that the information you provide to Donor360 in order to process a Withdrawal, including your bank account information, is accurate and up to date. Donor360 may, at any time, for any reason, and in its sole discretion, offer or issue a refund of donation(s) with or without consulting with you, which may comprise the entire amount donated to your campaign. Donor360 is not responsible for any consequences caused by Donor360 issuing refunds, including, but not limited to, transaction or overdraft fees. You also acknowledge that Donor360 is not liable to compensate you in any way for any loss.
Payment Card Industry Data Security Standard
The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes, or stores credit cards. The primary purpose of the standards is to maintain controls around cardholder data to reduce credit card fraud. As a service provider, Donor360 is PCI DSS compliant and will maintain all applicable PCI DSS requirements to the extent that we possess or otherwise store, process, or transmit cardholder data on behalf of you, or to the extent that we can in any way impact the security of your cardholder data environment.
Your Limited Right to Use the Platform This Platform and all the content available on the Platform are the property of us and/or our Affiliates and are protected by copyright, trademark and other intellectual property laws. You may not use the Platform or the content available on the Platform in a manner that constitutes an infringement of our rights, our Affiliates’ rights or that has not been authorized by us.
Intellectual Property Ownership
All the content on the Platform (illustrations, texts, names, service names, images, videos, etc.) is the property of us and our Affiliates. Any partial or total reproduction of our content, by any means, is subject to prior and express authorization by us. United States law concerning intellectual property ownership and copyright protects all materials, information and content offered or made available on our Platform. We cannot give you the right to copy, display, sell or otherwise distribute content or materials that you do not already have rights to. All fraudulent use or distribution of content or materials that violates the rights held by a third party is severely punishable under United States law.
We will not, under any circumstances, be held responsible if a user violates rights held by a third party through activities on the Platform.
Third Party Websites and Services Our Platform, Campaign Organizers, Campaigns or other third parties may provide or facilitate links, tools, widgets or other features that allow you to access other sites, services and resources provided by third parties (collectively, “Third Party Resources”). Donor360 has no control over such Third Party Resources or any products, services or content made available through or by such Third Party Resources or the business practices of the third parties providing such Third Party Resources. Donor360 is not responsible for and does not endorse such Third Party Resources or the products, services or content made available thereby.
You acknowledge that Donor360 is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Resources. You further acknowledge and agree that Donor360 will 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 content, events, goods or services available on or through any such Third Party Resources. Any dealings you have with third parties found while using the Platform are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such Third Party Resources, and you agree that Donor360 is not liable for any loss or claim that you may have against any such third party.
Ownership of Content and Data
You will be solely responsible for all materials, information and other content provided by you, including, without limitation, all personally identifiable information relating to you, your Campaign or your Donation (“Your Content”). You grant to Donor360 all necessary rights and licenses in and to Your Content necessary for Donor360 to provide the Services under this Agreement. As between you and Donor360, you retain all of your rights in and to Your Content and do not convey any proprietary interest therein to Donor360, other than the licenses set forth herein.
Opt-In of Data Collection When someone starts a Fundraiser via Donor360’s Facebook web or mobile application, they give us the permission to access their profile information and Facebook friends list. Users can delete or reject this permission at any time. Additionally, Donor360 does not post anything on our users behalf on Facebook. With the Campaign Organizer’s permission, we do have a secure proprietary method to analyze data to identify friends and family members who are most likely to make a purchase or donate to their Campaign.
When a user makes a purchase or makes a donation on any active Campaign, they have the right to opt-in to receive electronic communications regarding the Campaign and its success. The user, at any time, can opt-out from receiving any further communications.
Donor360 collects and distributes the opt-in data of users and shares user contact information based on the user’s decision to “opt-in” to receiving communications and information about Campaigns with Campaign Organizers to whose campaign the user donated monies by either purchasing a product or donating on the Campaign website. The Campaign Organizer has the right to send regular communications to the user with approval about future Campaigns run by the Campaign Organizer and/or solicit additional donations or offers for purchases of products.
Data from Minors
The Donor360 Platform is not directed to children under the age of 13 years. We do not knowingly collect personal data from children under 13 years. If you are under 13 years of age, please do not use the Donor360 Platform, and do not provide any personal data to us.
If you are a parent of a child under the age of 13 and become aware that your child has provided personal data to Donor360, please contact us by emailing us at [email protected]. You may request that your child’s account be deactivated and all data relating to your child be deleted.
If we learn that we have collected the personal data of a child under the age of 13 years, we will take reasonable steps to delete the personal data. This may require us to delete the Donor360 account for that child.
All information and content provided by Donor360 through the Platform and Services is for informational purposes only, and Donor360 does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any Campaigns, Donations, users or any products, services, information or content relating to the Services, you should consult your financial, legal, tax advisers or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Platform and Services is at your own risk.
You hereby agree that Donor360 is the owner of all data other than Your Content, including any data generated by our system or compiled from information inputted into our Platform by any users on an aggregated basis (collectively, “Company Data”). Donor360 may use all of our Company Data in any way we choose (including to improve or adapt our Platform and Services), or to create or develop new products and services. For example, Company Data includes statistics concerning the amount of sales per day across the accounts of all our customers, which we use to determine our server capacity and speed needs.
General Practices Regarding Use and Storage You acknowledge that Donor360 may establish general practices and limits concerning use of our Platform and Services, including without limitation the maximum period of time that data or other content will be retained by us and the maximum storage space that will be allotted on Donor360’s servers on your behalf. You agree that Donor360 has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that Donor360 reserves the right to terminate accounts or Campaigns that are inactive for an extended period of time, provided that Donor360 will use its commercially reasonable efforts to provide a Campaign Organizer with reasonable notice before terminating an inactive Campaign having a positive balance of Donations. You further acknowledge that Donor360 reserves the right to change these general practices and limits at any time, in its sole discretion. We will endeavor to give you notice of any such change where required by applicable law.
“Confidential Information” shall include, but is not necessarily limited to, (i) non-public financial information concerning any party; (ii) information concerning any user’s Campaign, business, services or products (both current, past and planned); and (iii) any information designated as confidential in writing at or prior to disclosure.
You agree to use good faith efforts and, at least the same care that you use to protect your own Confidential Information of like importance, but in no event no less than reasonable care, to prevent unauthorized dissemination or disclosure of Donor360’s or any user’s Confidential Information both during and after the term of this Agreement. In addition, your shall use Donor360’s or another user’s Confidential Information solely as necessary for the performance of this Agreement and use of the Platform as indented by Donor360.
The restrictions in this section “Confidentiality” shall not apply to information which: has become publicly known without breach of this Agreement or any other confidentiality obligation by the receiving party;
has been given to the receiving party by a third party with a legal right to so disclose; was known to the receiving party at the time of disclosure as evidenced by its written records; was independently developed or obtained by the receiving party without reference to Donor360’s or another user’s Confidential Information; or is necessary to establish the your rights under this Agreement; or must be disclosed by the receiving party to comply with any requirement of law or order of a court or administrative body (provided that the receiving party will endeavor to notify the disclosing party of the issuance of such order and reasonably cooperate, at disclosing party’s expense, in its efforts to convince the court or administrative body to restrict disclosure).
General Legal Compliance
You acknowledge and agree that, as between you and Donor360, you are responsible for compliance with all federal, state or other applicable laws governing the use of our Platform and Services, including, but not limited to, laws applicable to direct marketing and privacy. You further acknowledges and agrees that Donor360 merely provides a “routine conveyance,” as that term is defined in 15 U.S.C. § 7702 (CAN SPAM Act), in connection with the transmission of any electronic mail messages on your behalf in connection with the Platform. You also agrees to comply with Donor360’s policies and rules for use of the Platform, including its e-mail transmission Services, as made available to you and as amended by Donor360 from time to time in its sole discretion.
Unauthorized Use of Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.
We respect the intellectual property of others, and we ask you to do the same. If you, or any user of this Platform, believes its copyright, trademark or other property rights have been infringed by a posting or content or sale on this Platform or our website, you, or the user, should send a notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- Identify the material that you claim is infringing upon your copyrighted work
- Your contact information, including an email address
- Enough information, if possible, to permit us to notify the owner of the allegedly material or other content
- Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the notice
- Send the written communication to the Designated Agent for Claimed Infringement at the following address:
Donor Three Sixty Infringement Agent
26232 Industrial Blvd, Hayward, CA 94545
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Platform or website without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Disclaimer of Warranties
ALL MATERIALS, CONTENT AND SERVICES ON THIS PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (B) THE QUALITY OF ANY PRODUCTS OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE PLATFORM, FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS PLATFORM COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES ON THIS PLATFORM, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR SERVICES ON THIS PLATFORM MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR SERVICES.
THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Platform, you may have the opportunities to engage in commercial transactions with other users. You acknowledge that all transactions relating to any materials, products, content, merchandise or services offered by any party, including, but not limited to, the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such products or goods and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS PLATFORM, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, CONTENT OR INFORMATION AVAILABLE ON OR THROUGH THIS PLATFORM FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this Platform often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Company spokesperson speaking in his/her official capacity.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS PLATFORM.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS OFFERED THROUGH THIS PLATFORM OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF DONATIONS.
Notwithstanding the above, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) shall not EXCEED THE TOTAL AMOUNT PAID TO DONOR360 UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Platform. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You hereby agree to release us and our affiliates, officers, directors, agents, and employees from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another user, whether it be at law or in equity. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the goods or products provided to a Donor by a Campaign Owner as part of a Donation transaction and requests for refunds based upon disputes.
Each party acknowledges that the Platform are unique property, and that the unauthorized use or disclosure thereof shall cause Donor360 irreparable harm that could not be adequately compensated by monetary damages. Accordingly, in addition to any other remedies available to it at law or in equity, Donor360 will be entitled to injunctive relief to enforce the terms of this Agreement, including to prevent any actual or threatened unauthorized use or disclosure of confidential information or the Platform.
Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Platform with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons, your right to use the Platform and Services immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Platform.We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
Changes to the Terms of Service and the Platform
Donor360’s Platform is a work in progress, and as such things may change, be added or be taken away. We reserve the right to update the Platform and these Terms of Service from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms of Service by checking back regularly. Your continued use of the Platform following the publishing of updated Terms of Service will be taken to mean that you have read and agree to the changes.
This Platform (excluding any linked sites) is controlled by us from our offices within California, USA. By accessing this Platform, you agree that the statutes and laws of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Platform and the acquisition of products, content and information available through this Platform. You agree and hereby submit to the exclusive personal jurisdiction and venue any court of competent jurisdiction within California with respect to such matters.
Even though this Platform may be accessible worldwide, we make no representation that content on this Platform is appropriate or available for use in locations outside the United States, and accessing the Platform from territories where its content is illegal is prohibited. Those who choose to access this Platform from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, content and/or information made in connection with this Platform is void where prohibited.
Relationship Of The Parties
This Agreement and any account registration will not be construed as creating or implying any relationship of agency, partnership or joint venture between you and us. You do not have authority to enter into written or oral (whether implied or express) contracts on our behalf.
These Terms of Service constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Platform is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at [email protected], if by email, or at Donor360, 26232 Industrial Blvd; Hayward, CA 94545 if by conventional mail.
Neither party shall be liable or deemed to be in default for any delays or failure in performance resulting directly or indirectly from any cause or circumstances beyond its reasonable control, including but not limited to acts of God, war or warlike conditions, terrorism, riot, embargoes, acts of civil or military authority, fire, flood, accidents, strikes or labor shortages, sabotage, Internet failure, transportation facilities shortages, fuel or materials or for failures of equipment, telecommunications facilities or third party software programs.
If any term or condition hereof is found by a court or administrative agency to be invalid or unenforceable, the remaining terms and conditions hereof shall remain in full force and effect and shall be enforceable to the maximum extent permitted by law.
The failure of either party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. A party’s remedies set forth herein are not exclusive and are in addition to any and all other remedies available at law or in equity, none of which shall be deemed as waived by virtue of a party’s exercise of any other remedy.
Donor360 reserves the right to add or delete programs or services as part of its continued enhancement of the Platform. Donor360 will give you thirty (30) days notice of any such changes and any fee increases or decreases related thereto.
You may not sell, assign or otherwise transfer this Agreement or any of its rights or obligations hereunder to any other person or entity, without the express written consent of Donor360.
Notwithstanding anything to the contrary contained in this Agreement, Donor360 may track, analyze, and/or create reports related to aggregate activity in connection with your use of the Platform and share such information with its affiliated companies. Donor360, and such affiliated companies, may utilize such information to create, market, and sell products and services. You has the right to grant Donor360 and such companies the foregoing rights.
Modifications or Amendments. This Agreement may be amended or any term may be waived, modified, or amended in Donor360’s sole discretion by providing written notice to you.
Entire Agreement. This Agreement and any related Supplements, Exhibits, Addenda or additional terms, or attachments represent the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes any and all prior agreements and understandings. There are no representations, warranties, promises, covenants or undertakings, except as described herein.
Feedback and Comments
We welcome any comment, question and communication at [email protected]
Any opinions left on the Platform are screened and moderated by our team. If the comments infringe on any law or are inappropriate (abusive publicity, defamation, insults, out of context commentary, etc.), Donor360, Inc. reserves the right to refuse or modify it.