TERMS OF USE

Please read the following Terms of Use ("Terms") carefully. They govern your use of the Givelify website and mobile applications (collectively, the "Site") of Givelify LLC ("Givelify"). By using the Site, you hereby agree that you are at least eighteen (18) years of age and are bound by all of the following provisions of these Terms. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY GIVELIFY SERVICE OFFERED THROUGH THE SITE.

ABOUT GIVELIFY (Pronounced Giv-luh-fahy)

The Givelify website, web application, and mobile applications are products of Givelify, a registered LLC in the State of Indiana. The Givelify software and other technologies have been designed, architected and developed by Control-Z LLC.

Givelify provides donation-based services for not-for-profit organizations—specifically religious organizations, charitable organizations, not for profit events, fundraisers, and political events, (each, a "Donee")—to receive donations made by users of the Site (each, a "Donor").

Givelify is not a bank, money transmitter, or Money Services Business ("MSB"), and we do not offer banking or MSB services as defined by the United States Department of Treasury. Givelify facilitates giving of monetary donations by Donor to Donee. In order to function as a payment facilitator, Givelify partners with third party networks, processors and banks, who actually execute the transfer of funds from Donor to Donee. Givelify only collects data about each transfer, organizes the data and makes it available to both Donor and Donee.

License and User Conduct

Givelify grants you a limited license to access and make personal use of this Site. However, you may not download or modify the Site, or any portion of the Site, except with express written consent of Givelify. This Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Givelify. Any unauthorized use of the Site shall automatically terminate the license granted to you by Givelify for such use.

You are required to abide by all applicable international, federal, state and local laws and regulations in your use of this Site. Givelify may terminate your use of the Site in Givelify's sole discretion for any reason. If you are under eighteen (18) years of age, you may not use the Site.

Copyrights and Trademarks

Except as otherwise noted on this Site, all information, documentation, and other content posted on this Site are the property of Givelify, its affiliates, and/or its licensors. The graphics, icons, and overall appearance of this Site are the property of Givelify. The posting of information, documentation, and other content does not constitute a waiver of any of Givelify's, an affiliate's, and/or a third party licensor's proprietary rights in such information, documentation, and other content (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The information, documentation, and other content posted on this Site are protected by U.S. and international copyright laws, both as individual works and as collections. You may not delete any copyright or similar notice from any information, documentation, and other content you obtain from this Site. You may not sell, republish, frame in another webpage, or use on another website, any of the information, documentation, and other content, or any portion thereof, posted in or on this Site without the prior written consent of Givelify. You may view, print, copy, and download portions of the information, documentation, and other content of this Site solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records. Givelify and its affiliates reserve the right to revoke this authorization at any time.

Registration and Accounts

Only you may use your Givelify account. You agree to keep your accounts and passwords confidential at all times and not authorize any third party to access or use Givelify on your behalf, including providing your account information to third-party websites to access your Givelify account. You are responsible for all activity that takes place within your account.

At any time, Givelify, in its sole discretion, may disable or delete any account registered on the Site for any reason. By registering to the Site, you agree to provide any verification information as required by Givelify to comply with various United States laws, including, but not limited to, the United States Patriot Act.

You agree to be bound by policies of third parties including networks, bank card associations and banks used to process payments. You agree to forever release and hold Givelify harmless from any cost, damage, or other injury that may arise out of the relationship between you and your financial institution or otherwise out of your agreement with your institution.

Some third parties may require a direct agreement with a Donee. If a direct agreement between such third party and a particular Donee is required, Givelify will make reasonable efforts to facilitate the execution of such agreements between both parties. Givelify reserves the right to disable or delete a Donee’s account if Donee is unable to enter into a direct agreement with third party, as required by the policy of said third party.

Links

This Site may contain links to other external sites. The links are provided "as is." You should be aware that you use them at your own risk. Givelify does not endorse, and Givelify is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of this Site. Givelify is not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service and privacy policies of the respective sites. Givelify shall 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 such content, goods or services available on such other sites. Givelify shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.

Prohibited Activities

The following is a partial list of prohibited activities on or through the Site: (1) using a robot, spider, script, automated process, or manual process to "scrape" the Site's listings or Content; (2) taking any action that imposes an unreasonable or disproportionately large load on Givelify's hardware or software infrastructure; (3) sending SPAM to Givelify users or others; (4) attempting to reverse engineer, decompile, disassemble or otherwise obtain the source code to the Site; (5) engaging in or promoting any illegal activities; (6) engaging in any activity that markets another business or attracts Givelify customers to a third party; and (7) submitting Content that is offensive, obscene, harmful to minors, illegal, abusive, threatening, defamatory, or misleading.

Pay Services

Certain of Services made available over the Site may be offered on a reoccurring fee basis (hereinafter referred to as a "Pay Service"). You agree to pay all the fees applicable to any purchased Pay Service, including any fees associated with the use of such Pay Service and any payment service fees listed on the accept payment page together with all applicable taxes (collectively, the "Fees"). Unless otherwise indicated on the relevant Pay Service description page, all Fees for a Pay Service will be billed immediately to the credit card designated by such User and are non-refundable. Givelify reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to Users, which notice may for certainty include the posting of any such changes on the relevant pages of the myevent.com Site related to the use of the Pay Services.

Donations

Donations Generally. Donor may provide donations to a non-registered Donee through the Site. Upon receiving such donation, Givelify will make commercially reasonable efforts to notify Donee and arrange disbursement. Givelify also provides access to transaction data that can be exported by Donees for reporting purposes. Donors may provide donations to Donees through credit-card, debit card, or ACH transactions. By providing donations through the Site or receiving donations from the Site, you agree that all credit-card charges shall be processed through Givelify's third party credit-card transaction provider. You agree that credit card transactions and use of third party credit-card transaction provider through the Site shall be subject to third party credit-card transaction provider’s terms and conditions.


Transaction Fees. Further, you agree that Givelify may keep the stated amount of each donation as a transaction fee for any donation made through the Site. Givelify will subtract the amount of the transaction fee from the total amount of donation before disbursing Donation to Donee. Notwithstanding the foregoing, if a Donor's donation is returned or refused by a financial institution for any reason, Donee agrees that any funds transmitted to Donee shall be reversed and Givelify shall deduct Donee's Givelify account for the amount of such reversal. Furthermore, Donor agrees to pay fees associated with processing any returned donation.


Donor Refunds.  You acknowledge and agree that Givelify is not a bank, money transmitter, or MSB and agree that any dispute or discussion concerning the deposit of funds into your account, the issuance of refunds, credits or voids, or account fees and charges should be addressed to your financial institution. Givelify may, in its sole discretion, offer a refund to a Donor for the amount donated in the event that the donor provided the donation to an incorrect organization, the organization is fraudulent, or in other situations.  Except as otherwise set forth herein, to be eligible for a refund, donors must submit a request within thirty (30) days of providing any such donation, to support@givelify.com with the Subject "Refund Request" and include the purchaser's Givelify username and transaction information.  Givelify will make commercially reasonable efforts to respond within ten (10) days of any such request.  In the event that Donor provides a donation to a non-registered Donee and Givelify cannot arrange disbursement with such Donee, Givelify will make commercially reasonable efforts to provide a refund of the donation to Donor. In the event that Givelify issues any refund to a donor, the refund may take thirty (30) days to be processed.  Givelify is not responsible for refund requests that are not timely received in accordance with the Terms for any reason.


Donee's Liability for Refund. In the event Givelify provides a refund to a donor, Givelify will seek repayment of the refunded amount from the Donee in the transaction.  By listing your organization through the Site, you agree to pay Givelify the refunded amount and that Givelify may deduct the refunded amount directly from your financial account, if applicable.


Disbursements. All donations received from Donors are deposited into a holding account with Key Bank until the process of disbursing donations to Donee is completed. Givelify processes disbursements once a week. All donations from the prior week will be tallied and disbursed in one lump sum. Any donations received on the disbursement day will be part of the following week's disbursement. In the case that Donor is giving to an unregistered Donee, Donor acknowledges that Givelify will make all reasonable attempt to contact Donee to notify them of the donation and arrange disbursement to Donee. Givelify may disburse donations to Donee via ACH transfer, or paper check. Givelify may retain the service of a third bill payment service to disburse paper check to Donee. In such case, both Donor and Donee agree to be bound by the terms of service of the third party bill payment service. In the event that Givelify is unable to reach an unregistered Donee to arrange disbursement within thirty days, Givelify will refund the full amount of donation to the donor.

Disclaimer of Warranties

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. GIVELIFY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. INFORMATION OBTAINED THROUGH THE SITE HAS NOT BEEN VERIFIED, AND GIVELIFY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID. GIVELIFY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.

Limitation of Liability

USE OF THE SITE IS AT YOUR SOLE RISK. INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER GIVELIFY, NOR ANY OF GIVELIFY'S EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, "GIVELIFY ASSOCIATES") SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS' FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF GIVELIFY OR A GIVELIFY ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.

YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH GIVELIFY IS TO STOP USING THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, GIVELIFY'S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO GIVELIFY IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM.

THE SITE IS CONTROLLED, OPERATED AND ADMINISTERED BY GIVELIFY FROM ITS OFFICES WITHIN THE UNITED STATES. GIVELIFY MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SITE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE SITE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND GIVELIFY ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS.

Indemnification

You agree to indemnify, defend, and hold harmless Givelify, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any products or services purchased by you, donations made by you, and/or donations received by you in connection with the Site or any use of the Site in violation of this Agreement.

Notices

Where required, Givelify may give notice to you by a general posting on the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to Givelify by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Site, or your dealings with Givelify, please e-mail or write to:

Givelify LLC

S Pennsylvania St

Ste 902

Indianapolis, Indiana 46204

United States

Givelify welcomes your questions and comments.

Miscellaneous

The laws of the State of Indiana shall govern the validity, performance, enforcement, interpretation and any other aspect of these Terms, without regard to principles of conflicts of laws thereunder. The parties shall submit to the exclusive jurisdiction and venue of the federal and state courts located in the State of Illinois for any action arising out of these Terms or use of the Site.  Givelify may revise these Terms at any time, and such modifications will be effective immediately upon posting.  Your use of the Site after such posting shall be deemed to constitute acceptance by you of such modifications.  If you no longer agree with the Terms of this Agreement after any such modification, you may opt-out of the Site by halting your access to the Site and including in a notification to us your username and a declaration of your intention to opt-out.  Upon receiving such notification from you, Givelify will suspend your account.  Notwithstanding any provision of these Terms, Givelify has available all remedies at law or equity to enforce these Terms.


Last Updated: 08/25/2013