eFundraising Connections, LLC ("eFundraising," "we," "us" or "our") provides a website (the "Site") which facilitates fundraising efforts by and through our online contribution processing services and related software made available by, and used in connection with, eFundraising (collectively referred to herein as the "Platform"). The Platform connects campaigns and other fundraising organizations, as well as service providers who provide fundraising services for such organizations (the "Organizations"), with donors and supporters, including individuals, organizations, groups, and others, including you, seeking to provide financial support to Organizations ("you" or "user(s)").
General Conditions of Use:
By using the Platform, you, as a user, acknowledge and agree to the following:
- You may be required to create an account to use the Platform. If you create an account, you will be prompted to establish a unique user name and password (the "account credentials"). You are responsible for maintaining the security and confidentiality of your account credentials, and you will be responsible for any actions undertaken using your account credentials.
- You are responsible for ensuring your compliance with all federal, state, and local laws and/or other regulations pertaining to your contributions using the Platform, including but not limited to tax laws and campaign finance laws.
- Selection of Organizations to whom you contribute funds is at your sole discretion. We are not a campaign, and we do not endorse any particular Organization. We are not responsible for the manner in which any Organization chooses to use your contribution, and we make no representations to you, as a user, regarding the manner in which any Organization may or may not use your contribution. Our exclusive role in any transaction using the Platform is to provide the Platform to facilitate the transaction.
- You understand that there are processing fees associated with the use of our Platform. These fees may be modified or changed from time to time at our discretion. By providing information relating to your method(s) of payment (such as credit card or bank information), you authorize us to charge you for the designated amount(s) selected by you, either on a recurring basis or as a one-time charge, depending on your selection. All transactions are final and non-refundable.
- You are solely responsible for all record keeping, for tax and any other purpose, associated with your contributions made using the Platform. We are not responsible for any damages or loss allegedly caused by any misplacement of data in our possession or control, and we are not obligated to provide you with any data or information relating to your contributions.
- We may impose a hold period, for a reasonable amount of time, on donated funds for confirmation and anti-fraud purposes and other regulatory and/or legal compliance reasons.
- We do not provide legal, financial, or tax advice to users or any other parties. You should consult legal, financial, and/or tax professionals for advice regarding any contribution you make using the Platform. You use the Platform at your own risk and are wholly responsible for any legal, financial, or tax implications.
- You represent and warrant that your creation of an account and your use of the Platform is for the intended use of making one or more contributions to one or more Organizations. You will not use the Platform for any other purpose, including but not limited to attempting to reverse engineer or otherwise copy the Platform, attempt to hack the Platform or otherwise circumvent or overcome any encryption technology or other digital rights management measures or gain unauthorized access to accounts of any other users, or otherwise use the Platform in any manner that is unlawful, or infringes on the intellectual property rights or other rights of any person or entity, or otherwise may tend to adversely affect us or our goodwill, name, reputation, or intellectual property.
- We are independent contractors, and nothing contained herein, nor any other communication between us and you, shall imply or be deemed to form or create any partnership, joint venture, partnership, agency, employment relationship, or any other legal relationship between us and you.
- We are not responsible or liable for any failures or delays caused by circumstances beyond our control, including natural disasters, failure of communications or internet networks, health emergencies, pandemics, criminal activities of third parties or users, or any other force majeure events.
- While we endeavor to maintain and run the Platform to the best of our ability, no technological product is perfect, and the Platform is no exception. By using the Platform, you acknowledge that the Platform is subject to possible technical malfunctions and/or failures resulting from any number of causes, some (but not all) of which are beyond our control. We expressly disclaim any and all liability in connection with any such technical malfunctions or failures. You agree that we are not responsible or liable for any alleged damages or injury arising from or resulting from any such technological malfunction or failure, including but not limited to any alleged damage to your computer or other hardware.
- WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR USE OF THE PLATFORM, OR RESULTING FROM THE CONDUCT OF ANY USER OR ORGANIZATION UTILIZING THE PLATFORM.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE NOR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR DATA, RESULTING FROM USE OF, OR INABILITY TO USE, THE PLATFORM. THIS EXCLUSION AND DISCLAIMER OF LIABILITY INCLUDES, WITHOUT LIMITATION, ANY PURPORTED LIABILITY IN LAW OR EQUITY, INCLUDING TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE WILL NOT BE LIABLE YOU FOR AN AGGREGATE AMOUNT EXCEEDING THE PROCESSING FEES PAID BY YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. YOUR SOLE REMEDY IF YOU ARE DISSATISFIED WITH THE PLATFORM IS TO DISCONTINUE YOUR USE. YOU ACKNOWLEDGE THAT WE OFFER THE PLATFORM AND ENTER INTO THIS TOS WITH YOU IN RELIANCE ON THESE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY.
"As Is"/No Warranties:
Indemnification and Release:
You agree to release us, indemnify us, and hold us harmless in the course of any legal action or other dispute arising from your use of the Platform, including but not limited to any liability arising from your use of the Platform and reasonable attorney’s fees and costs incurred in the course of defending ourselves in connection with any legal action or dispute arising from your use of the Platform.
For purposes of this provision, "us" includes eFundraising Connections, LLC, its successors, vendors, contractors, suppliers, officers, directors, employees, and agents, and any and all other affiliated individuals and/or entities.
We may opt to defend any such claims at our sole discretion, and using legal counsel of our selection, and you will indemnify us for the reasonable costs of such defense.
Users from California agree to waive California Civil Code Section 1542 in connection with this release, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party."
Our Right to Update the TOS:
No Minors Allowed:
The Platform is not intended directly for minors under 18 years of age, and we do not knowingly provide the Platform to minors under the age of 18.
IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN PROVIDE ANY NECESSARY PERSONAL INFORMATION IN CONNECTION WITH ANY USE OF THE PLATFORM BY YOU OR ON YOUR BEHALF.
You agree that, in the event any dispute or claim arises out of or relating to the TOS, you and eFundraising will attempt in good faith to negotiate a written resolution of the matter directly between the parties.
You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, you agree to resolve the dispute through binding arbitration in Sacramento, California.
You hereby expressly agree to waive the right to trial by jury and any right to participate in class action proceedings by virtue of your agreement to the TOS.
Should any term herein be deemed unlawful, void, or otherwise unenforceable for any reason by any court of competent jurisdiction or tribunal of any kind, that provision will be limited or severed, and the remainder of the TOS shall remain in full force and effect to the maximum extent permissible by law.
Integration and Non-Waiver:
Our failure to exercise or enforce any of our rights herein shall not operate as, or be construed as, a waiver for such rights.
We reserve the right to terminate your use of the Platform at any time and for any reason, or for no reason. Your access to the Platform exists at our sole discretion and may be revoked at any time. Your access to the Platform will automatically terminate if you breach any of the terms herein. Such termination does not relieve you of any of your obligations hereunder.
You may stop using the Platform at any time and for any reason, or for no reason, at your sole discretion. You may terminate and/or delete your account at your sole discretion at any time. Such termination does not relieve you of any of your obligations thereunder.
We value your feedback regarding the TOS. If you have any questions about the TOS or any other policies or practices of eFundraising, please contact us by email at email@example.com.