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Terms of Service

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1. Your Acceptance

By using and/or visiting this website or mobile app (collectively, including all Content available through the ”GIVEvolution® Website and URL”, or “Website”, including mobile applications adapted for use on smartphones or other wireless devices) (collectively referred to herein as “GIVEvolution®”), You signify your agreement to GIVEvolution’s Terms of Service (the “Terms of Use”) and Privacy Policy, which are published at http://givevolution.com/blog/terms-conditions/, and http://givevolution.com/blog/privacy-policy/, which are incorporated herein by reference. By browsing, accessing or using any portion of this Website or App, you accept these terms without limitation or qualification, as well as such additional or amended terms and conditions as GIVEvolution® may from time to time publish. If you do not agree to any of these terms, then please do not access or use the GIVEvolution® Website or Mobile App.

GIVEvolution offers payments through WePay, Inc. (“WePay”), a third-party payment processor. The WePay Terms of Service are available here: https://go.wepay.com/terms-of-service-us.  The WePay Privacy Policy is available here:  https://go.wepay.com/privacy-policy-us. If you use the WePay payment service, you agree to the WePay Terms of Service and Privacy Policy for the country in which you are located. If you have questions regarding the WePay Terms of Service or Privacy Policy, please refer to the WePay website www.wepay.com or contact WePay at https://support.wepay.com/hc/en-us If you do not agree to any of these terms, then please do not access or use the GIVEvolution® Website or Mobile App.

2. GIVEvolution® Website and Mobile App

These Terms of Service apply to all users of the GIVEvolution® Website and Mobile App, including users who also may be contributors of text, content, information, and other materials or services on the Website and Mobile App. The GIVEvolution® Website and Mobile App may contain links to third party websites that are not owned or controlled by GIVEvolution®. GIVEvolution® has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, GIVEvolution® will not and cannot censor or edit the content of any third-party site. By using the Website and Mobile App, you expressly waive GIVEvolution® from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the GIVEvolution® Website or Mobile App to read the terms and conditions and privacy policy of each other website that you visit.

Notice to Participants for GIVE Pages

GIVEvolution® is a listing service only, and does not screen or review any GIVE Pages, which are offered by their owners to raise, collect or receive money for various personal and charitable events. If you are unhappy in any way with your gift or donation experience, you agree that your sole recourse is against the GIVEvolution Account Holder, and not against GIVEvolution®. None of the information or listings contained in the GIVEvolution® website is confirmed or warranted by any party in any way. Users have the sole responsibility of conducting their own research and dealing with parties that they do not personally know.

GIFTS. When your account is set-up the account holder may be prompted to designate generic GIVE items. GIVEvolution® has no control of how the account holder will spend the money received toward the GIVE items on their account. EXPERIENCE FEE. GIVEvolution® does charge a 5.90% + .30¢ experience fee* on each GIVE Transaction collected in the GIVEvolution account, the experience fee will be automatically deducted from the total of each GIVE transaction that is successfully completed and received by the account holder prior to the release/deposit of funds into the account holders specified bank account. The experience fee* provides use of the platform, customer service, platform updates and maintenance, payments processing, accounting, messaging within the app, and all credit card processing fees per each GIVE transaction to your account (this insures credit card holder’s information is safe and secure). The account holder shall have access to details  of each GIVE transaction in their GIVEvolution account. Service fees are charged to the GIVEvolution account holder only. NO fees are charged to your givers for using the service with the exception of data/ sms charges per their mobile phone provider, if applicable. We have a $3 minimum GIVE transaction amount, and do not have a maximum transaction amount. Larger transactions get more review from WePay fraud prevention and risk team, but the process should not adversely affect users. CREDIT CARD CHARGEBACK. When a chargeback is issued, the total amount of the chargeback is forcibly removed from WePay’s bank account. In turn, the total amount of the chargeback is removed from your WePay account. The funds will be removed from your available balance and held in reserve until the chargeback process is complete. The chargeback process is long and largely dependent on banks and issuers.  If you choose to challenge the chargeback, the process typically takes about 45 days from the date of the chargeback. The chargeback email will explicitly detail the transaction and the reason behind it. In the event of a chargeback dispute the account holder shall hold harmless GIVEvolution®. CREDIT CARD REFUND POLICY. There are NO REFUNDS, unless an event is cancelled. It is the responsibility of each account holder to handle their own refunds. SECURE CREDIT CARD TRANSACTIONS AND INFORMATION. To ensure a secure transaction, all credit card information is encrypted during transmission. Protecting your security and privacy of your personal data and payment data is important to us. Our platform utilizes a combinations of security technology, data encryption and secure partners to ensure your information is kept safe and secure at all times for all of our account holders and their users. Our payment processing partner WePay, Inc. (“WePay”), uses state-of-the-art cryptographic algorithms during data transmission (HTTPS with RSA 2048 bit key and SHA 256 certificate) and their databases (AES 256 encryption with unique per-row keys). WePay servers are kept in PCI and SSAE16 certified data centers with 24×7 monitoring. The PCI DSS certification process is designed to protect your sensitive data. WePay is a certified Level 1 PCI Compliant Service Provider (the highest level), which requires an annual independent security audit of our processes and systems. WePay tests their system daily (manually and automatically) to ensure security. For more information about WePay’s Security: https://go.wepay.com/security PAYMENT. You will receive your GIVE Transactions directly to the bank account you designated, and the time you chose to receive your funds either Daily (4pm PT), Weekly (every Monday), or Monthly (1st of every month). This can be updated at anytime. TAXATION. You acknowledge that this site makes no claims or promises regarding all tax obligations or consequences that may result from your activities as user of GIVEvolution® and your use of the services provided by the GIVEvolution App. Furthermore, you agree that GIVEvolution® has no obligation to maintain records or provide you with documentation of your transactions with charitable/non-profit organizations for tax reporting purposes. In most cases money received is considered to be “personal gifts” which are not taxed incomes in the US. You should check with a tax professional to determine if your funds are taxable income. GIVEvolution uses WePay payment processor. Using WePay does not necessarily affect your taxes.  WePay helps you organize your GIVE transactions (payments) and under certain circumstances will issue you Form 1099-K, a requirement from the IRS. CORRECT INFORMATION. You are responsible to keep your account updated with the correct personal information. MANAGEMENT OF ACCOUNT FUNDS AND CUSTOMER SERVICE. GIVEvolution® lists all the GIVE transaction that are received through the use of the GIVEvolution App. You can view your GIVE campaign activity anytime, just log-in to your account through the app.  The Home screen shows the total money received to date and total GIVE transactions. You can also go to the Money screen that shows all activity and detailed information for each GIVE transaction which includes; giver(s) name, give item choice (if applicable), GIVE amount showing both totals; each GIVE transaction amount and each GIVE transaction amount less experience fee in red [ el_id=’5856c38cb92e7′], date received and optional message from the giver(s). All questions regarding the use of the account are to be directed to email: connect@GIVEvolution.com or call customer service at 1 (657) 232-0317, during business hours. SUMMARY. To provide our customers with their own accurate, detailed billing information, we maintain detailed records. We will not sell this customer information to unaffiliated third parties. We will not provide customer emails or mobile phone numbers to outside parties for the marketing of their products. We will keep customers’ personal information secure and confidential through the safeguards such as secure encryption technology and by requiring usernames and passwords to access personal information. COMPLAINTS/COMMENTS/SUGGESTIONS. Your satisfaction is very important to us so please let us know if you have a problem. If you have an idea, or suggestion, comment or complaint, we want to know so we can do everything possible to make it right. We strive to respond to all submissions within 24-48 hours or 3-5 business days, although we usually respond much quicker. If you are unhappy with any service provided by GIVEvolution® please contact us immediately and allow us the opportunity to improve the situation. YOUR DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES. The GIVEvolution® Website or Mobile App, and the services GIVEvolution® may offer information such as coupons, special offers and links to content from third parties. Inclusion of such information and links does not signify GIVEvolution® endorsement of the information or third party. Any dealings and communication with third party advertisers found on website, app, including purchase or payments for goods and services, and any other terms, conditions, warranties or representations associated with such dealings, solely between you and the advertiser. GIVEvolution® shall not be responsible or liable for any such dealings or as a result of the presence of such advertisers on the Website or Mobile App.

NOTICE TO ALL NON-PROFITS

GIVEvolution, the internet-based/mobile service provider simply acts as a conduit passing the money/contributions directly using WePay’s merchant services, and GIVEvolution® does not maintain or handle any funds associated with any charitable donation. Causes are responsible for the accuracy of the information of their listings. GIVEvolution® LLC is not responsible for any donation, transaction or omission of transaction by any donee obtained by the use of this website and Mobile App. GIVEvolution® reserves the right to edit, reject or make recommendations to any advertisement or listing submitted at its sole discretion. GIVEvolution® discourages any practice of an Account Holder that uses content or photographs of others, as such materials may be subject to copyright protection. Non-Profits are responsible for researching and adhering to all local regulations including, but not limited to, non-profit status, permits, licenses, taxes and safety regulations. Non-Profits participating on this website and Mobile App are also bound to the terms of the GIVEvolution® Terms of Service, including all payment terms and services, which is incorporated wholly by reference in this Agreement. GIVEvolution® internet-based/mobile service provider cannot claim a non-profit deduction for contributions facilitated by the Internet-based/mobile service based provider. GIVEvolution® Internet-based/mobile service provider will send money/contributions to the Non-Profits as they are received through the Website and Mobile App. The non-profit has legal control of the money/contributions and GIVEvolution® is acting only as conduit for the money/contribution. The non-profit shall be able to monitor its account in real time in their GIVEvolution® account located on the Mobile App. All GIVE transaction activity is recorded in real time in your account on the GIVEvolution App. You can also see your payment activity by logging into your WePay account at anytime. To withdraw your money, you will need to link your  selected bank account.  This is usually done at time your account was set-up. Once a bank account is added, the funds are sent automatically to the selected bank account. You have the option to send any available funds daily, weekly (every Monday), or monthly (every first of the month). This preference can be changed at any time. Upon each successful GIVE transaction, you will automatically receive the GIVE transaction less the *experience fee.  It takes 2-5 days for these funds to appear in your bank account.  GIVE transactions received before the 4 PM PST withdrawal cut-off time will be sent to your bank account. All money intended for the non-profit will in fact be transmitted in a timely and secure manner. The non-profit should clearly indicate to a donor if they are entitled to a non-profit deduction and accurately describe any limits if any on such a deduction based on applicable laws. The information should be clearly posted on the GIVE page, and GIVEvolution® shall not be liable for any inaccurate, missing, mis-identified or other mistaken information contained on the GIVE page.

3. Website and Mobile App Access

A. GIVEvolution® hereby grants you permission to use the Website and Mobile App as set forth in this Terms of Service, provided that: (i) your use of the Website and Mobile App as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website or Mobile App in any medium without GIVEvolution®’s prior written authorization; (iii) you will not alter or modify any part of the Website and Mobile App other than as may be reasonably necessary to use the Website and Mobile App for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

B. In order to access some features of the Mobile App, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify GIVEvolution® immediately of any breach of security or unauthorized use of your account. Although GIVEvolution® will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of GIVEvolution® or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” ”offline readers,” etc., that accesses the Website in a manner that sends more request messages to the GIVEvolution® servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, GIVEvolution® grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. GIVEvolution® reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use any communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website and Mobile App with respect to their User Submissions.

4. Intellectual Property Rights

The content on the GIVEvolution® Website and Mobile App, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to GIVEvolution®, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website or Mobile App is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. GIVEvolution® reserves all rights not expressly granted in and to the Website or Mobile App and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the GIVEvolution® Website and Mobile App or features that prevent or restrict use or copying of any Content or enforce limitations on use of the GIVEvolution® Website and Mobile App or the Content therein.

5. User Submissions

A. The GIVEvolution® Website and Mobile App may now or in the future permit the submission of purchase orders, ideas, suggestions, contest or sweepstakes entries, the use of internet chat rooms or bulletin boards, or other communications submitted by you and other users (“User Submissions”) and you grant GIVEvolution® the right to use any information contained in such submission for its commercial purposes. Any such User Submissions are not confidential, and GIVEvolution® shall be entitled to reproduce, use, distribute or otherwise use and disclose any submissions made to it for any purpose, without compensation.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize GIVEvolution® to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website or Mobile App and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website or Mobile App and these Terms of Serivce. By submitting the User Submissions to GIVEvolution®, you hereby grant GIVEvolution® a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the GIVEvolution® Website, Mobile App, and GIVEvolution®’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the GIVEvolution® Website and Mobile App (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the GIVEvolution® Website and Mobile App a non-exclusive license to access your User Submissions through the Website and Mobile App, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the GIVEvolution® Website and Mobile App.

C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant GIVEvolution® all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage GIVEvolution® or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements, promotional materials, junk mail, chain letters or any other mass email or or solicitations of business: (v) impersonate another person or falsely state or otherwise misrepresent an affiliation with any person or entity. You further agree not to: (i) share usernames, passwords or other access credentials that allow access to personal information or protected areas of the GIVEvolution® Website and Mobile App; (ii) engage in or facilitate spamming; (iii) omit, delete, forge or otherwise misrepresent accurate transmission information, including headers, return mailing or internet protocol addresses or otherwise manipulate identifiers to disguise the origin of any content or person; or (iv) post, transmit or disclose any information that contains personally identifying information of a minor child.

D. GIVEvolution® does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and GIVEvolution® expressly disclaims any and all liability in connection with User Submissions. GIVEvolution® does not permit copyright infringing activities and infringement of intellectual property rights on its Website and Mobile App, and GIVEvolution® will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. GIVEvolution® reserves the right to remove Content and User Submissions without prior notice. GIVEvolution® will also terminate a User’s access to its Website and Mobile App, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a User Submission removed from the Website or Mobile App more than once. GIVEvolution® also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. GIVEvolution® may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

GIVEvolution®’s designated Copyright Agent to receive notifications of claimed infringement is: email: dmca@GIVEvolution.com, telephone: (657) 232-0317.

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to GIVEvolution® customer service through http:// www.GIVEvolution.com/support. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. E. You understand that when using the GIVEvolution® Website and Mobile App, you will be exposed to User Submissions from a variety of sources, and that GIVEvolution® is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GIVEvolution® with respect thereto, and agree to indemnify and hold GIVEvolution®, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

F. GIVEvolution® permits you to link to materials on the Website or Mobile App for personal, non-commercial purposes only. GIVEvolution® reserves the right to discontinue any aspect of the GIVEvolution® Website and Mobile App at any time.

6. Dispute Resolution

In the event a dispute shall arise between GIVEvolution® as to their respective rights, duties and obligations under the Agreement, such dispute shall be submitted to arbitration under the rules of the American Arbitration Association. The arbitration shall be held in Orange County, California. The decision of the arbitrator shall be final and shall be entitled to enforcement in any court of competent jurisdiction. GIVEvolution® LLC’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by GIVEvolution® LLC in writing. You and GIVEvolution® LLC agree that any cause of action arising out of or related to the software or a service must commence within one (1) year after the cause of action arouse; otherwise, such cause of action is permanently barred. The section titles in these Terms of Service are solely for the convenience of the parties and have no legal or contractual significance.

7. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE GIVEvolution® WEBSITE AND MOBIEL APP SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GIVEvolution®, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE OR MOBILE APP AND YOUR USE THEREOF. GIVEvolution® MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GIVEvolution® WEBSITE AND MOBILE APP. GIVEvolution® DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GIVEvolution® WEBSITE AND MOBILE APP OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GIVEvolution® WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

8. Limitation of Liability

IN NO EVENT SHALL GIVEvolution®, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, or LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GIVEvolution® WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT GIVEvolution® SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website and Mobile App is controlled and offered by GIVEvolution® from its facilities in the United States of America. GIVEvolution® makes no representations that the GIVEvolution® Website or Mobile App is appropriate or available for use in other locations. Those who access or use the GIVEvolution® Website and Mobile App from other jurisdictions do so at their own volition and are responsible for compliance with local law.

9. Indemnity

You agree to defend, indemnify and hold harmless GIVEvolution®, its parent corporation, licensors, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the GIVEvolution® Website and Mobile App; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the GIVEvolution® Website and Mobile App.

10. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 18, as the GIVEvolution® Website and Mobile App is not intended for users under 18. If you are under 18 years of age, then please do not use the GIVEvolution® Website and Mobile App—there are lots of other great web sites for you. Talk to your parents about any website you want to access, as GIVEvolution® offers its services to adults only.

11. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GIVEvolution® without restriction.

12. General

You agree that: (i) the GIVEvolution® Website and Mobile App shall be deemed solely based in California; and (ii) the GIVEvolution® Website and Mobile App shall be deemed a passive website and Mobile App that does not give rise to personal jurisdiction over GIVEvolution®, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and GIVEvolution® that arises in whole or in part from the GIVEvolution® Website and Mobile App shall be decided exclusively by a court of competent jurisdiction located in Orange County, California. These Terms of Service, together with the Privacy Policy at http://givevolution.com/blog/privacy-policy/ and any other legal notices published by GIVEvolution® on the Website and Mobile App, shall constitute the entire agreement between you and GIVEvolution® concerning the GIVEvolution® Website and Mobile App. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and GIVEvolution®’s failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision. GIVEvolution® reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the GIVEvolution® Website and Mobile App following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND GIVEvolution® AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GIVEvolution® WEBSITE AND MOBILE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

CUSTOMER SERVICE:

Email: connect@GIVEvolution.com | We will respond within 48 hours. (657) 232-0317 Customer Service Hours: Monday – Friday 8am to 4pm (PT)

© 2016 GIVEvolution® LLC. All rights reserved.

These Terms of Service were updated 8/15/2016