Terms and Conditions

Contributor Terms of Use
WeTrust Spring is a blockchain-based, decentralized, contributor centric ecosystem that allows contributors (“Contributors”) who own virtual currencies to learn more about certain nonprofit organizations exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, (each, a “Organization”) and make direct contributions of supported virtual currencies (“Virtual Currencies”) to such Charities in their discretion.
As part of providing a fundraising platform (“Fundraising Platform”) you can use, we have to provide Contributor Terms of Use (“Terms”) that contain detail on how you can use the Fundraising Platform, what you can and cannot do, and other important information.
Please read these Terms. Your use of the Fundraising Platform represents your agreement to these Terms.
These Terms are between you and Finclusion Lab, Inc. (“we,” “our” and “us”) concerning your use of our website (https://spring.wetrust.io/), mobile applications, blockchain and other applications, integrations and features – all of which make up the Fundraising Platform.
THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CONTAINS IMPORTANT DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. Please see Section 22 for the arbitration provisions. Please read the entire Terms, but please read all capitalized provisions carefully as they contain important disclaimers of warranties and limitations on liability.
1.
Acceptance of Terms. The Fundraising Platform is made available by us in accordance with these Terms. We reserve the right to make changes to these Terms in our sole discretion. We may provide the changes to you by any reasonable means, including by posting the updated Terms on our website or notifying you of the changes. You can determine when these Terms were last changed by referring to the “Last Updated” legend at the top of these Terms. Your access to or use of the Fundraising Platform after such posting or other notice of changes represents your agreement to the changes. Any changes to these Terms will not apply to any dispute between you and us that arose prior to the date of such posting or notice.
Some of the features of the Fundraising Platform may be subject to additional terms and conditions, which are posted or made available separately from these Terms (“Additional Terms”). Your use of the Fundraising Platform may also be subject to additional policies, guidelines or rules we also post or make available. Such Additional Terms policies, guidelines and rules are incorporated and form a part of these Terms. If there is a conflict between these Terms and the Additional Terms, the Additional Terms will control unless stated otherwise.
We reserve the right at any time to modify, suspend or discontinue all or any part of the Fundraising Platform, with or without notice. Neither we nor any of our affiliates will be liable to you or any third party for any modification, suspension or discontinuance of the Fundraising Platform.
You may not use the Fundraising Platform and you may not accept these Terms if you are not of legal age to form a binding contract with us, which is 18 years of age in most states.
2.
Description of the Fundraising Platform. You may use the Fundraising Platform to learn about the Charities, share information with other users about the Charities, learn how you can transmit Virtual Currency contributions to Charities, track and generate reports on your contributions, and receive Nonfungible tokens of appreciation (“NFTs”) recognizing your contribution.
a.
Contributions. Contributors select the Organization they want to give to. Contributors send their contributed Virtual Currency through a passive forwarding smart contract (“Smart Contract”) to the wallet of the Organization of their choice. WeTrust makes no representations or warranties as to the tax treatment of contributions.
b.
Nonfungible Tokens of Appreciation. NFTs are digital, collectible tokens built on our blockchain. The first generation of these tokens are fashioned off the Shiba Inu breed of dog native to Japan, each with a distinct look. NFTs are not virtual currencies. They are not a medium of exchange. They are non-fungible tokens. NFTs are an emblem of your contribution. When given by the Fundraising Platform, the NFTs have no value.
3.
Information Submitted in Connection with the Fundraising Platform. Your submission of information through the Fundraising Platform is governed by our Privacy Policy, which is located here. We may provide any information you provide or is made available to us to any Organization. You are responsible for any information you provide us, including that it is and will remain true, accurate, and complete. You agree to update your information timely as it changes. We may terminate your use of the Fundraising Platform if we believe any information you provide is false, inaccurate, incomplete or obsolete.
4.
Accuracy of Information. Information on the Fundraising Platform may be inaccurate, incomplete or out of date. Information may be provided by other Contributors and Charities. We make no representation about the information on the Fundraising Platform, including its accuracy, completeness or whether it is up to date.
5.
Registration; User Names and Passwords. You may register with us and establish an account. We may not provide you, and you may not use, a user name or e-mail address that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we do not accept for any other reason.
Your user name and password are for your personal use only, and not for use by any other person. You are responsible for safeguarding your user name and password, and agree not to transfer or lend them to anyone else. You are responsible for all interaction with the Fundraising Platform that occurs with your username or password. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security related to your account or the Fundraising Platform, and to ensure that you log out from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from you not complying with any of your obligations in this paragraph.
6.
Mobile Device Application. You are responsible for any requirements of our mobile applications, including any updates and fees. You are also responsible for compliance with the terms of your agreement with your mobile device and telecommunications providers. We may provide you with alerts related to your account. You authorize us to send alerts by text message to your mobile phone at the number you have provided us. Any change to your mobile phone number will change our ability to provide you with alerts. You should notify us immediately of any change to your mobile phone number. Certain alert delays are outside our control. You may disable alerts. We are not responsible for the products and services provided by your mobile device or telecommunications provider.
7.
Profiles and Forums. We may provide you with the ability to post certain information and materials on your profile page (your “Profile”). We may also make available features (for example, message boards, forums, blogs, chat functionality, messaging functionality and comment functionality) to which you are able to post information and materials (each, a “Forum”). Information contained in the Profiles and Forums may be provided by our employees as well as users of the Fundraising Platform and third parties. Please note that users of the Fundraising Platform and third parties may post messages or make statements in the Profiles and Forums that are inaccurate, misleading or deceptive. We and our shareholders, owners, directors, managers, officers, employees, agents, representatives and affiliates (collectively, the “Released Parties”) do not endorse and are not responsible for any opinion, advice, information or statements made in the Profiles and Forums. The Released Parties are not responsible for any information or materials made available through the Profiles and Forums. The Released Parties are not liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Profiles and Forums reflect only the opinions of the persons who submitted such opinions and do not reflect our opinions.
In addition, the Released Parties have no control over, and will have no liability for, any damages resulting from the use or misuse by any person of information in a Profile or Forum or any other part of the Fundraising Platform. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION AVAILABLE IN A PROFILE OR A FORUM OR OTHERWISE THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.
8.
License. You grant us and our service providers and designees a worldwide, non-exclusive, unrestricted, transferable, sublicenseable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you, to use, reproduce, distribute, adapt (including edit, modify, translate and reformat), process, create derivative and collective works from, transmit, transfer, display, perform, publish, host, store or otherwise use in any way any information, content and/or materials you submit through a Profile or Forum (each, a “Submission”), in any media or manner, for any purpose and in any form or distribution now known or later developed.
For each Submission made by you, you represent and warrant that you have all rights necessary for you to provide the licenses granted in this Section 8, and that each Submission complies with applicable law. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under applicable law under any legal theory. We request this waiver to help ensure that we have all the rights we may need to provide the Fundraising Platform.
9.
Monitoring. We reserve the right, but have no obligation, to do any of the following: (a) monitor Submissions; (b) alter, remove, or refuse to post any Submission; and/or (c) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to make available the Fundraising Platform; to protect us and the Released Parties and the Fundraising Platform’s users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
10.
Our Proprietary Rights. The information and materials made available through or related to the Fundraising Platform are and will remain our property or the property of our licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. You may view one copy of any content to which we provide you access on any single computer or mobile device for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. You agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based on any part of the Fundraising Platform. Our trade names, trademarks and service marks include WeTrust, Spring and any associated logos. All trademarks and service marks displayed in connection with the Fundraising Platform not owned by us are the property of their respective owners. No license or right is granted to use any of our trade names, trademarks or service marks.
11.
Links. The Fundraising Platform may provide links to other web sites and online resources. Because we have no control over such sites and resources, the Released Parties are not responsible for the availability of such sites or resources and neither endorse nor are responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other web sites may provide links to the Fundraising Platform with or without our authorization. The Released Parties do not endorse such sites and are not and will not be responsible or liable for any links from such sites to the Fundraising Platform, any content, advertising, products or other materials available on or through such sites, or any loss or damages incurred in connection with such sites. We have the right to block links to the Fundraising Platform through technological or other means without prior notice.
12.
Transaction Information from Third Party Sites. We may use certain transaction data from your bank accounts in connection with providing you the Fundraising Platform. In order to do this, you may direct us to obtain certain transaction data from providers with whom you have bank accounts or engage in financial transactions (“Transaction Information”). We may work with vendors to obtain the Transaction Information with your permission. The permissions you provide also allow the vendors to use your data, including aggregated data (which has none of your personally identifiable information), as necessary for the vendors to provide their services to us and for the vendors’ business purposes. We and our vendors will not provide the Transaction Information to you in the original form received from the provider but certain details of the Transaction Information may be provided to you. We do not review the Transaction Information for accuracy or completeness. We have no liability for any actions or inactions on the part of any vendor. We and our vendors are not responsible for the Transaction Information or products and services offered by or on provider sites and make no implied warranties, including for merchantability and fitness for a particular purpose with respect to such Transaction Information, products or services. We and our vendors are not responsible for delays in obtaining Transaction Information, the accuracy, completeness, storage or loss of the Transaction Information, personalization settings or service interruptions. The Transaction Information may only be current at the time accessed and is provided on an “as is” and “as available” basis from the providers. Such information may be more current if obtained directly by you from the providers.
13.
NOT A FUNDRAISING PROFESSIONAL OR MONEY TRANSMITTER. WE ARE NOT A FUNDRAISING PROFESSIONAL FOR ANY ORGANIZATION. WE ARE NOT A COMMERCIAL FUNDRAISER OR FUNDRAISING COUNSEL. WE DO NOT SOLICIT MONEY, PROPERTY OR VALUE ON A ORGANIZATION’S BEHALF. WE ALSO DO NOT PLAN, MANAGE, CONSULT OR PREPARE SOLICITATION MATERIALS FOR ANY ORGANIZATION. YOU CAN USE THE FUNDRAISING PLATFORM TO FIND AND LEARN ABOUT CHARITIES. YOU SHOULD DO YOUR OWN RESEARCH ON CHARITIES OUTSIDE THE FUNDRAISING PLATFORM. WE DO NOT ENDORSE ANY ORGANIZATION. THE NUMBER OF CHARITIES ON THE PLATFORM ARE LIMITED SO YOU MAY CONSIDER OTHER CHARITIES NOT ON THE FUNDRAISING PLATFORM. THE DECISION TO GIVE TO A ORGANIZATION IS YOUR DECISION ALONE. WE ARE ALSO NOT A MONEY TRANSMITTER. WE DO NOT RECEIVE MONEY OR VALUE FOR TRANSMISSION TO A ORGANIZATION. WE ARE NOT RESPONSIBLE FOR THE SMART CONTRACT AND ANY LOSSES YOU MAY INCUR BY YOU TRANSMITTING YOUR VIRTUAL CURRENCY TO A ORGANIZATION THROUGH THE SMART CONTRACT.
14.
Disclaimer of Warranties. THE FUNDRAISING PLATFORM IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES, OTHER THAN THOSE EXPRESSLY PROVIDED IN THESE TERMS. YOU AGREE THAT YOU MUST EVALUATE CHARITIES ON YOUR OWN, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH ANY FINAL DECISIONS YOU MAKE IN USING THE PLATFORM TO GIVE TO CHARITIES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION AND MATERIALS AVAILABLE THROUGH OR ON THE FUNDRAISING PLATFORM. THE RELEASED PARTIES DISCLAIM ALL WARRANTIES WITH RESPECT TO (A) THE FUNDRAISING PLATFORM, EXCEPT THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS, AND (B) ANY PRODUCT OR SERVICE (INCLUDING THIRD PARTY PRODUCTS AND SERVICES) YOU OBTAIN ON OR THROUGH THE FUNDRAISING PLATFORM, ALL TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, NONINFRINGEMENT, TITLE, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.
NO ORGANIZATION OPTION PRESENTED OR INFORMATION OBTAINED BY YOU FROM THE FUNDRAISING PLATFORM WILL CREATE ANY WARRANTY REGARDING US OR THE FUNDRAISING PLATFORM THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU MAKE ALL FINAL DECISIONS RELATING TO YOUR CONTRIBUTIONS AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY LOSS, DAMAGE AND LIABILITY THAT MAY RESULT FROM YOUR DECISIONS.
YOU ACKNOWLEDGE THAT WE ARE NOT SOLICITING FOR ANY ORGANIZATION, OR PLANNING, MANAGING, CONSULTING OR PREPARING SOLICITATION MATERIALS FOR ANY ORGANIZATION.
NOTHING IN THIS SECTION AFFECTS WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
15.
LIMITATION OF LIABILITY. THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE FUNDRAISING PLATFORM, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. THE RELEASED PARTIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE FUNDRAISING PLATFORM OR FROM ANY CONTENT POSTED IN CONNECTION WITH THE FUNDRAISING PLATFORM BY US OR ANY THIRD PARTY. THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS, USE OR DISCLOSURE OF ANY INFORMATION RELATING TO YOU HELD, MAINTAINED OR UNDER THE CONTROL OF ANY THIRD PARTY, INCLUDING ANY SECURITY BREACH RELATING TO INFORMATION ABOUT YOU EXPERIENCED BY A THIRD PARTY. WE ARE NOT RESPONSIBLE FOR ANY OF YOUR VIRTUAL CURRENCY THAT IS LOST, STOLEN, SENT TO SOMEONE OTHER THAN THE ORGANIZATION OF YOUR CHOICE, OR IS NOT RECEIVED BY THE ORGANIZATION OF YOUR CHOICE. WE ARE NOT RESPONSIBLE FOR THE SMART CONTRACT, INCLUDING ITS OPERATION AND ANY MALFUNCTION. WE ARE NOT RESPONSIBLE FOR ANY LOSSES YOU MAY EXPERIENCE RELATED TO THE SMART CONTRACT. WE ARE NOT RESPONSIBLE FOR ANY CHANGES IN VALUE OF THE VIRTUAL CURRENCY YOU CHOOSE TO CONTRIBUTE. WE ARE UNABLE TO REVERSE, CANCEL OR REFUND A TRANSACTION YOU INITIATE OR COMPLETE WITH A ORGANIZATION. WE ARE NOT RESPONSIBLE FOR ANY TRANSACTION YOU INITIATE RELATED TO THE FUNDRAISING PLATFORM. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE FUNDRAISING PLATFORM IS TO STOP USING THE FUNDRAISING PLATFORM. OUR MAXIMUM LIABILITY FOR ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, PENALTIES, FINES, COSTS, EXPENSES, CAUSES OF ACTION AND SETTLEMENTS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE FUNDRAISING PLATFORM OR $5, WHICHEVER IS GREATER.
While we try to maintain the integrity and security of the Fundraising Platform, we do not guarantee that the Fundraising Platform will be or remain secure, complete or correct, or that access to the Fundraising Platform will be uninterrupted. Third parties may make unauthorized alterations to or intrusions into the Fundraising Platform and we are not responsible for these alterations or intrusions.
16.
Indemnity. You agree to defend, indemnify and hold harmless the Released Parties from and against all claims, losses, damages, liabilities, penalties, fines, costs and expenses (including attorneys' fees) arising out of (a) your use of, or activities in connection with, the Fundraising Platform; or (b) any violation of these Terms by you.
17.
Rules of Conduct. While using the Fundraising Platform, you will comply with applicable law. In addition, you will not:
a.
Post, transmit, or otherwise make available, through or in connection with the Fundraising Platform:
i.
Anything that is or may be (A) threatening, harassing, degrading, hateful or intimidating; (B) defamatory; (C) fraudulent or tortious; (D) obscene, indecent, pornographic or otherwise objectionable; or (E) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
ii.
Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
iii.
Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
iv.
Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
v.
Any material, non-public information about any person without the proper authorization to do so.
b.
Use the Fundraising Platform for any fraudulent or unlawful purpose.
c.
Use the Fundraising Platform to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Fundraising Platform.
d.
Impersonate any person, including any representative of us; falsely state or otherwise misrepresent your affiliation with any person in connection with the Fundraising Platform; or express or imply that we endorse any statement or posting you make.
e.
Interfere with or disrupt the operation of the Fundraising Platform or the servers or networks used to make the Fundraising Platform available; or violate any requirements, procedures, policies or regulations of such networks.
f.
Restrict or inhibit any other person from using the Fundraising Platform (including by hacking or defacing any portion of the Fundraising Platform).
g.
Use the Fundraising Platform to advertise or offer to sell or buy any goods or services.
h.
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Fundraising Platform.
i.
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Fundraising Platform.
j.
Remove any copyright, trademark or other proprietary rights notice from the Fundraising Platform or materials relating to the Fundraising Platform.
k.
Frame or mirror any part of the Fundraising Platform.
l.
Create a database by downloading and storing any Fundraising Platform content.
m.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Fundraising Platform content or reproduce or circumvent the navigational structure or presentation of the Fundraising Platform.
You also agree that you are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment and services needed to access and use the Fundraising Platform, and paying all related charges.
18.
Termination by Us. These Terms are effective until terminated. We, in our sole discretion, may limit or terminate your access to or use of the Fundraising Platform, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination, your right to use the Fundraising Platform will immediately cease. Any limitation or termination of your access to or use of the Fundraising Platform may be effected without prior notice, and we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. The Released Parties will not be liable to you or any third party for any termination of your access to the Fundraising Platform or to any such information or files, and will not be required to make such information or files available to you after termination. Sections 8, 10, 13, 14, 15, 16, 18, 19, 20, 21 and 24 will survive any expiration or termination of these Terms or your account.
19.
Terminating Your Account. For instructions on how to terminate your account contact us at [email protected] Following termination, we will retain (a) your name and email address, your profile and other identifiers (for example, registration dates, IP address), and (b) your profile information and any other information about you or provided by you. We may anonymize and aggregate your information with other anonymized data to help us provide, optimize, improve, promote or market our products and services, create new products and services, or conduct or further our business. We may use your information in any way unless prohibited by law.
20.
Governing Law and Disputes; Binding Arbitration. These Terms are governed by and will be construed in accordance with the laws of California without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND WE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at https://www.adr.org/aaa/faces/rules/searchrules/rulesdetail?doc=ADRSTAGE2021424), as amended by these Terms. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or us that an in-person hearing is appropriate. Any in-person appearances will be held in Fremont, California. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive. The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction. Nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
21.
Jurisdictional Issues. The Fundraising Platform are hosted by us from the United States, and are not intended to subject us to the laws or jurisdiction of any jurisdiction other than the United States. We do not represent or warrant that the Fundraising Platform are appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Fundraising Platform do so on their own initiative and at their own risk, and are responsible for complying with all foreign, federal, state, local and other laws. We may limit the availability of any Service to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
22.
Information or Complaints. If you have a question or complaint regarding the Fundraising Platform, please contact us at [email protected] You may also contact us by writing to 39120 Argonaut Way #560 Fremont, CA 94538.
23.
Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available provided in connection with the Fundraising Platform infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be mailed to 39120 Argonaut Way #560 Fremont, CA 94538 or emailed to [email protected]
We suggest that you consult your legal advisor before filing a notice or counter-notice.
24.
Miscellaneous. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title of these Terms is inserted only as a matter of convenience, and in no way defines or explains any section or provision. These Terms, together with any Additional Terms and all policies, guidelines and rules incorporated by reference, represent the entire agreement between you and us relating to the subject matter of these Terms and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the Fundraising Platform, by e-mail, or by regular mail, in our discretion. It is your responsibility to promptly update us with your complete, accurate contact information, or changes to your information, including email address. You agree that a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failures to fulfill any obligations due to causes beyond our control.