Effective June 13, 2013; Version 1.7
CrowdRise is a crowdfunding platform for good. CrowdRise is about raising money for amazing causes and having the most fun in the world while doing it. CrowdRise is the official fundraising partner of the New York Marathon, Chicago Marathon and thousands of other events. The world's finest charities, such as Stand Up to Cancer, Robin Hood, American Red Cross, and the Clinton Global Initiative all choose CrowdRise for online fundraising. CrowdRise was named a Top 25 Global Philanthropist by Barron's, the most innovative fundraising platform by Mashable, and was nominated for a Webby for Best Philanthropic Website. Besides that, CrowdRise isn't that great.
Our Mean Lawyer insists that you read and agree to the CrowdRise Terms and Conditions. Here comes some real important stuff in bold text.
These terms and conditions govern CrowdRise's relationship with you when you use the CrowdRise website, www.crowdrise.com ("site") and any all services available on or through the site or otherwise provided by CrowdRise, including any widget provided by Crowdrise (collectively, the "services" or "services"). By using or accessing the site or a widget, whether manually or through automated means, you agree to these CrowdRise terms and conditions ("terms"). these terms apply to you if you are a charity, donor, event organizer, event registrant or any other user of the site and/or services (collectively, "users" or "you"). if you choose to not accept these terms, we won't be mad at you but it means you can't use the CrowdRise site or the services. Since we don't ever want that to happen, be sure to contact us if you have any questions about anything in the world.
CrowdRise has partnered with Network for Good, WePay and Amazon Payments™ to make raising money and donating to your charities of choice easy and seamless. All charities have the option of either using Network for Good or WePay; to process donations made through the Site. However, if a charity does not affirmatively choose either Network for Good or WePay;, then Network for Good will be used by default. The manner in which transactions are processed through either Network for Good, WePay or Amazon Payments™ is explained below. Currently, all event registrations are processed through WePay, Amazon Payments™ and Authorize.net.
Founded in 2001, Network for Good is a nonprofit organization headquartered in Bethesda, Maryland. When Network for Good processes a donation through the Site, it distributes the donation to the donor's chosen charity. While your donation will be forwarded to the charity of your choice, Network for Good will appear on your credit card statement.
Network for Good, in technical terms, is treated as a "donor advised fund," a 501(c)(3) organization that collects contributions from donors and distributes such contributions to 501(c)(3) organizations in good standing with the IRS recommended by you, the donor. Network for Good is not a pass-through organization. It exercises exclusive legal control over the donations. All donations made through Network for Good's credit card processing go directly from the donor to Network for Good, and then to the charity as described below. Donations made through Network for Good are governed by the Network for Good Privacy Notice and Network for Good User Agreement.
WePay, based in Palo Alto, CA, is a credit card processor that allows you to access your money faster, and have it automatically transferred to your bank account on a daily, weekly or monthly basis. Donations will appear on the donor's credit card statement under the name of the non-profit to whom they contributed. All donations made through WePay go directly from the donor to the Non-Profit's WePay merchant account.
Some charities may choose to have their donations processed through Amazon Payments™. Amazon Payments, Inc. is a wholly owned subsidiary of Amazon.com that provides a safe means to process transactions online. Amazon Payments™ is not affiliated with CrowdRise and is not permitted to share your financial information, such as credit card information, with CrowdRise without your consent. When you make a donation through Amazon Payments™ CrowdRise does not collect or store your credit card information. All donations processed through Amazon Payments™ go directly from the donor to the non-profit's Amazon Payments account, and will be governed by the Amazon User Agreement and Amazon Payments Privacy Notice.
For all donations or event registrations made on or through the Site , all Users agree that: (i) they will not use an invalid or unauthorized credit or debit card or other payment method; (ii) they are solely responsible for selecting the correct Charity or Event for fundraising, volunteering, donating, or registering; (iii) all donations to Charities are made as unrestricted gifts and may not be specified for any particular purpose; (iv) designated donation and registration amounts and Processing Fees will be charged to the credit or debit card or other payment method you use through Network for Good, WePay or Amazon Payments™; (v) all donations are final and non-refundable; and (vi) event registration fees are subject to the Event Organizer's refund policy.
When Donors make donations to the Charities through Network for Good, Network for Good sends payments to charities on or around the 15th of each month that include all donations made in the previous month. For example, donations processed in October will be paid to the charities on or around November 15th. Charities will receive their payments less the Transaction Fees. These payment schedules are subject to change at any time at the sole discretion of CrowdRise. The money is sent to the address that the Charity has on file with GuideStar. Charities will be responsible for taxes based on their net income or gross receipts.
If the Charity chooses to receive donations through WePay, the donation will be deposited in the non-profit's WePay merchant account, less the Transaction Fee. Chariites have immediate ownership over their donations and can electronically transfer the funds from their WePay Account to their Bank Account per the WePay Terms of Service. Non-profit organizations will be responsible for taxes based on their net income or gross receipts.
If your Charity chooses to receive donations through an Amazon Payments™ account, Donors will make their donations using the Amazon Payments™ trusted credit card processing service. The donation will be deposited in the Charities' Amazon Payments™ Account less the Amazon Payments™ Transaction Fee per the Amazon User Agreement. Charities have immediate ownership over their donations and can electronically transfer the funds from their Amazon Payments™ Account to their Charity's Bank Account per the Amazon User Agreement. Charities will be responsible for taxes based on their net income or gross receipts.
CrowdRise provides an additional Service through the Site that allows users to register for Events, such as marathons, walks, rides, and other events (collectively, "Events") which may require a registration fee, as determined by the Event Organizer. The organizers of these events ("Event Organizers") may establish a page on the Site which provides details about their event and provides the ability to collect event registration fees through the Site. Event registrations fees will be processed through the Event Organizer's WePay, Authorize.net or Amazon Payments™ Account less the Transaction Fee. Event Organizers have immediate ownership over their registration feee and can electronically transfer the funds from their WePay, Authorize.net, or Amazon Payments™ Account to their bank account per the payment processor's User Agreement. Event Organizers will be responsible for taxes based on applicable international, federal, state, local or any other taxes or levies.
All refunds for event registrations are handled exclusively by Event Organizers. CrowdRise is not responsible for handling or communicating an Event Organizer's refund policy or processing refunds. Event Organizers agree that they are solely responsible for providing information concerning their refund policy. If you wish to seek a refund for an event registration, you must communicate directly with the Event Organizer and not CrowdRise. Event registrants and Event Organizers acknowledge that CrowdRise will not be liable, accountable or responsible in any way for anything related to refunds for event registrations, including without limitation, an error processing a refund, the failure to provide a refund, the failure of an Event Organizer to communicate about a refund, or any chargebacks related to a refund, Simply put, you have to deal with an Event Organizer concerning a refund and Event Organizers agree to deal exclusively with event registrants concerning refunds. Sorry. Blame the Mean Lawyer.
In order to ensure that CrowdRise does not go out of business and to provide you with the very best experience and customer service, CrowdRise charges certain fees for donations and event registrations made on or through site. All of CrowdRise's fees are explained on our Pricing page, which is incorporated by reference into these Terms. By using the Site and our Services, you agree to our Fees, which are further explained below.
When a donation is made through CrowdRise, a Transaction Fee is deducted from it so we don't go out of business. CrowdRise’s Transaction Fees start as low as 3%. So on a $100 donation, $97 goes to the Charity less the credit card fees charged by the payment processor. The payment processors charge 2.9% + $0.30. We think you'll find that's really good pricing. We try to keep our pricing as low as possible so your donation can have the greatest possible impact.
Nonprofit organizations can choose from three Charity Account Types each with its own Transaction Fee. We made this gorgeous chart of Charity Account Types to make it really easy to see the pricing options.
Transaction Fees cover CrowdRise's costs associated with processing credit card payments and developing, maintaining and hosting the Site, plus other value-added services so we can give you the best, most innovative fundraising platform in the world.
Compared to traditional ways of fundraising like sending direct mail or putting on a charity dinner, both of which we encourage you to keep doing if they work well, CrowdRise is an inexpensive and efficient way to raise additional money for Charity.
If you have any questions, please email us at email@example.com and we'll give you the greatest customer service in the world.
The Processing Fee is paid for by the Donor. It is NOT a charge to the Charity. The Processing Fee is optional, which means donors can choose to not of leave a Processing Fee. CrowdRise is able to offer a lower pricing to Charities because generous donors help crowdfund CrowdRise by choosing to leave the Processing Fee.
The Processing Fee helps cover the Charities' and CrowdRise's costs associated with (i) providing "the best customer service in the world"; (ii) providing a secure charitable giving system; (iii) vetting nonprofits through Guidestar's third party web service; and (iv) all other business expenses including, but not limited to, legal fees, insurance, the best staff on the planet, and staple removers. We don't actually have any staple removers. We could have staple removers but if we do, I don't know about it.
Processing Fees charged through Network for Good are tax deductible to the extent permitted by law and will show up on your credit card under the name Network for Good. CrowdRise also shares part of the Processing Fee with Network for Good. The Processing Fee charged through WePay and Amazon Payments is not tax deductible and will show up on your credit card statement under the name CrowdRise. I know we said it already but it's so important we want to say it again. CrowdRise is able to offer lower Transaction Fees to Charities because generous donors choose to leave a Processing Fee for CrowdRise.
Occasionally, a donor may dispute a credit card charge for a donation through the CrowdRise Site. If such donations are refunded to the donor by Network for Good and Network for Good already remitted payment to the Charity, Network for Good will deduct the chargebacks or refunds from future payments to the Charity, and if necessary, issue an invoice to the applicable charity and the applicable Charity expressly agrees that it will be responsible to pay Network for Good the full amount of the refunded donation. If such donations were made through WePay or Amazon Payments™, the Charity has sole control over the donations and is responsible for issuing refunds and handling chargebacks. All issues concerning chargebacks and refunds will be addressed by payment processor, either Network for Good, WePay or Amazon Payments™, and not CrowdRise.
When you use the Site and Services to register for an Event, CrowdRise charges an Event Registration Transaction Fee that is equal to 4.25% of the registration fee, plus $1.00 per registration. Event Organizers that use the Site and Services to process event registrations through WePay or Amazon Payments agree to pay CrowdRise these transaction fees. Event Organizers that use their Authorize.net account will be invoices or automatically charged for the Event Registration Transaction Fees. Event registrations fees will be processed through the Event Organizer's WePay, Authorize.net or Amazon Payments™ Account less the Transaction Fee. Event Organizers and registrants are subject to the credit card processor's user agreements and privacy policies, as well as the CrowdRise event registration transaction fees. Event Organizers have immediate ownership over their event registration fees, less any transaction fees and can electronically transfer the net funds from their WePay, Authorize.net, or Amazon Payments™ Account to their bank account per the credit card processor's user agreement. Event Organizers will be responsible for taxes based on applicable international, federal, state, local or any other taxes or levies.
Charities and/or Events using CrowdRise may require their fundraisers/participants to agree to raise a certain amount of money ("Fundraising Minimum") by a certain date ("Fundraising Minimum Deadline."). Users subject to the Fundraising Minimum are required to agree that they will raise the Fundraising Minimum by the Fundraising Deadline. Any shortfall between the actual amount raised and the Fundraising Minimum ("Fundraising Minimum Makeup") will be automatically charged to the user's credit card on the date of the Fundraising Minimum Deadline. The user's credit card will be authorized at the time they agree to be subject to the Fundraising Minimum; however, the card only will be charged in the event of a Fundraising Minimum Makeup. The Charity or Event that requires its users to agree to a Fundraising Minimum solely are responsible for authorizing the charge for the Fundraising Minimum Makeup. Any issues, disputes or questions related in any way to a Fundraising Minimum, Fundraising Minimum Deadline and/or Fundraising Minimum Makeup are between the applicable user and the Event or Charity. The user, Event, or Charity all expressly agree that CrowdRise shall have no responsibility or liability related in any way to Fundraising Minimums.
CrowdRise recognizes the extraordinary service of the best Volunteers and Fundraisers, who get the most CrowdRise Impact Points ("CIPs"). When you login, your number of CIPs will show at the top right hand of your page. Your number of CIPs are earned over your Charitable Life on CrowdRise. You can use your CIPs to redeem CrowdRise Rewards. When you redeem CrowdRise Rewards, your CIPs will go down in number. But, great news, your Lifetime CIPs will never go down in number as you redeem your CrowdRise Rewards. Your Lifetime CIPs never go down. As your Lifetime CIPs rise, you will earn CrowdRise Royalty status and CrowdRise Badges. In other words, when you redeem CrowdRise Rewards for amazing Charitable Causes, the best CrowdRise tees, hats, and hoodies, and other great stuff, you will not lose your CrowdRise Badges or CrowdRise Royalty status.
You are not permitted to offer any contest, competition giveaway, sweepstakes or similar activity (each, a "Promotion") on CrowdRise without our prior written consent. You may seek permission by sending an email to firstname.lastname@example.org. If we consent, you take full responsibility for the Promotion, and you agree that: (i) such Promotion shall comply with all applicable laws; (ii) you are solely responsible for all facets of the Promotion; (iii) you may not use the CrowdRise name, logo or any other CrowdRise intellectual property in the rules or any other materials relating to the Promotion, without CrowdRise's express written permission; (iv) such Promotion does not require making a donation as the only way to enter; (v) such Promotion is not marketed to anyone under the older of the age of 18 or the age of majority for the state in which you reside; (vi) such Promotion may not endorse, sponsor or promote anything related to gambling, alcohol, illegal or prescription drugs, pornography, or tobacco; and (vii) such Promotion does not violate any applicable laws, rules or regulations.
You will include the following provisions within your official rules for any Promotion that you choose to administer or publicize on the Site: (i) CrowdRise does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases CrowdRise from any and all liability and (iii) all questions concerning the Promotion must be directed to you and not to CrowdRise.
You will indemnify and hold CrowdRise harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) for any claim related to the Promotion including without limitation the publicity or administration thereof. If you do not agree to these terms, you may not publicize or administer a Promotion on the Site.
From time to time, CrowdRise will offer Promotions on the Site that will be subject to the Official Rules posted for the applicable promotion. If you enter or otherwise participate in such Promotion, you agree to be subject to the applicable Official Rules if you enter or otherwise participate in any of those promotions.
The Site and Services are expressly owned and operated by CrowdRise. Unless otherwise noted, the design and content features on the Site and Services, including without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, URLs, and the like, as well as the selection, assembly and arrangement thereof (collectively, the "Site Information"), are owned by CrowdRise or its affiliates, if any, or are licensed by CrowdRise from third parties. The Site and Services, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.
Unless otherwise provided through any other applicable terms and conditions to which you agree, no portion of the Site, Services or Site Information may be reprinted, republished, modified, or distributed in any form without CrowdRise's express written permission. You may not, and these Terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site Services or any of the Site Information.
Certain Site Information may be licensed from third parties and all such third party Site Information and all intellectual property and proprietary rights related to such third party Site Information belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site, Services, or the Site Information and you must retain all copyright, trademark, service mark and other proprietary notices contained on the Site, Services or in the original Site Information on any authorized copy you make of the Site, Services or the Site Information.
You agree not to sell or modify the Site, Services or the Site Information or reproduce, display, publicly perform, distribute, or otherwise use the Site or the Site Information in any way for any public or commercial purpose in any other manner that is likely to cause confusion among consumers, that disparages or discredits CrowdRise or our licensors, that dilutes the strength of CrowdRise's property or our licensor's property, or that otherwise infringes on CrowdRise's or our licensor's intellectual property rights. You further agree to in no other way misuse the Site or the Site Information. We reserve any rights not expressly granted by these Terms or any applicable end-user license agreements.
The Site Services and the Site Information are provided "as is" with all faults. Your use of the Site, Services, and the Site Information is at your own risk. The Site, Services or Site Information may contain errors or omission, or may be out of date. The Site, Services or Site Information may, without prior notice, change, be deleted or updated at any time.
You understand that CrowdRise cannot and does not guarantee or warrant that files, if any, available for downloading from the Site or through the Services will be free of infection or viruses or any other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information (collectively, "Hazards").
The Site and the Services are not intended for or directed to users under the age of 13. To register for any Services offered on Site, you must be 13 years of age or older. If you are under the age of 13, you only may use Site and Services with permission from your parents or guardians. CrowdRise does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not send any information about themselves to CrowdRise. If a child under 13 submits information through any part of Site or Services, and CrowdRise becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.
In consideration of your use of the Site and Services, you agree to: (a) provide accurate information as prompted on the Site or through the Services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or CrowdRise has reasonable grounds to suspect that such information is inaccurate, CrowdRise may suspend or terminate your use of the Services and/or the Site and/or decline to permit your continued use of the Site and/or the Services and future access to the Site and/or the Services.
You may need a username and password to use certain features of the Site and Services and you may create certain URLs when you establish a profile page, project page or charity. By selecting a user name and any particular URL you agree that you will not (i) select or use a name or e-mail address of another person with the intent to impersonate that person; (ii) use a name or e-mail address subject to the rights of any person without authorization; (iii) use a name in violation of the intellectual property rights of any person; or (iv) use a name that CrowdRise, in its sole discretion, deems inappropriate or offensive. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify CrowdRise immediately of any unauthorized use of your password or account or any other breach of security. CrowdRise assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party. CrowdRise has the right to reclaim any user names or URLs for any reason.
When you are using the Site and/or the Services, you acknowledge that you are responsible for all of your actions and that you may not engage in any behavior that violates these Terms. You may have the opportunity to post, stream, transmit or otherwise provide photos, videos, ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other content (including information, if any, on message boards, friend feeds, comments or other forums on the Site (collectively "User Generated Content").
Any personal information, computer information, User Generated Content or other information that you provide to CrowdRise in connection with the use of the Site shall not:
You shall comply with all applicable international, federal, state, local and any other applicable laws, statutes, ordinances and regulations regarding use of the Site and Services, including without limitation laws and regulations relating in any way to the sale or resale of tickets.
This Site may include interactive features, including, but not limited to, message boards, friend feeds, web logs, email services, video, blogging, including without limitation, through third-party micro-blogging applications, and areas that allow for uploading or posting of User Generated Content (collectively, the "Interactive Features"). You are responsible for any material or User Generated Content that you post or otherwise provide on the Site or through the Services. We do not control the messages, information or files that you or others may provide through the Site or Services. When using the Interactive Features, you must not:
CrowdRise shall have the right, but no obligation, to monitor the content on the Interactive Features to determine compliance with these Terms and any other operating rules we establish. CrowdRise shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted through the Interactive Features of the Site or Services. Notwithstanding this right, you shall remain solely responsible for the content of your messages and any User Generated Content. CrowdRise neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Interactive Features, whether it is provided by CrowdRise, our employees, or a third party.
Under no circumstances will CrowdRise be liable for any loss or damage of any kind caused by reliance on information obtained through the Interactive Features of the Site or Services. CrowdRise is not responsible for any offensive, defamatory, obscene or any other posting made through the Interactive Features. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in CrowdRise's sole discretion is inappropriate, objectionable or in violation of these Terms.
Any user who feels that a posted message is objectionable is encouraged to Contact Us immediately by email to email@example.com. We have the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to remove or edit particular messages immediately.
Neither CrowdRise nor any third party content provider shall assume or have any liability for any action or inaction by CrowdRise or any third party content provider with respect to any conduct, communication or posting on the message boards or other Interactive Features.
CrowdRise is a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230 and expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider on the Site or through the Services or Interactive Features.
You retain ownership to User Generated Content submitted on the Site or through the Services. However, by submitting your User Generated Content to CrowdRise, you hereby grant CrowdRise the following worldwide, royalty-free, non-exclusive, sub-licensable and transferable rights and licenses:
By submitting User Generated Content for inclusion on the Site or through the Services, you also grant the following use of and rights to your User Generated Content to others: (i) the non-exclusive license to access your User Generated Content through the Site or Services; (ii) if permitted, the ability for Users to rate, review and comment on your User Generated Content; (iii) if permitted, the ability for Site Users to send and distribute your User Generated Content; and (iv) the non-exclusive license to Site Users to use, reproduce, distribute, remix, prepare derivative works of and compilations, display and perform your User Generated Content as permitted through the functionality of the Site and Services and under these Terms. The foregoing licenses granted by you shall terminate once you remove or delete your User Generated Content from the Site or Services. Please keep in mind though that even if you delete your User Generated Content from the Site or Services, it may still exist in back-up copies or if other people have made copies of it before it was deleted.
Your failure to follow the requirements of these Terms may result in suspension or termination of your access to the Site or Services, without notice, in addition to CrowdRise's other remedies. CrowdRise further reserves the right to terminate, without notice and in its sole discretion, any user's access to or use of the Site for any reason.
Any links to other websites are provided as merely a convenience to you. This Site and the Services may provide links or references to other websites but CrowdRise has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content from these other websites.
You understand that, except for information, products or services clearly identified as being supplied by CrowdRise, we do not operate, control or endorse any information, products or services on the Internet in any way. CrowdRise does not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If you decide to access any of these other websites linked to this Site, you do so entirely at your own risk.
CrowdRise provides instructive emails to Charities to assist them in more effectively using the Site and Services. Upon request from an authorized individual affiliated with a Charity, CrowdRise will provide online reports identifying, where available, the name, address, email and transaction accounting (including amount of donation) details related to the individuals or entities that have made donations to the nonprofit.
During the sign-up process, a Charity can choose from three Charity Account Types (Basic Charity Account, Featured Charity Account or Royale Charity Account), each with its own transaction fee. We made this gorgeous chart of Charity Account Types to make it really easy to see the pricing options. Your account will renew automatically unless the Charity provides at least thirty (30) days notice that they do not wish to renew their Featured Charity or Royale Charity Account subscription. Featured and Royale Accounts have the benefit of lower Transaction Fees, Premium Support from CrowdRise, and double CrowdRise points for the Charity's supporters.
You acknowledge that certain data available or otherwise accessible on or by means of the Site or Services concerning the list of United States based 501(c)(3) charities to which you may make a donation is provided by GuideStar USA, Inc. ("GuideStar"), a third party licensor of CrowdRise. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by you and CrowdRise, you acknowledge and agree that GuideStar (and its successors and assigns) is an intended third party beneficiary with full power and authority to enforce the provisions of these Terms only insofar as it relates to data provided by GuideStar. You agree that CrowdRise may share any information provided by you with GuideStar to the extent that GuideStar reasonably needs such data to enforce its rights related to your use of any GuideStar Data.
You agree to indemnify, defend and hold CrowdRise and its affiliates, if any, officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorney's fees) resulting from (i) your use, misuse or abuse of the Site, Services or the Site Information, or (ii) your breach of any provision of these Terms. You will cooperate as fully as reasonably required in CrowdRise's defense of any claim. CrowdRise reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without CrowdRise's written consent.
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE SITE INFORMATION AND THE SERVICES ARE PROVIDED "AS IS," AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, CROWDRISE, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. CROWDRISE, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE, THE SITE INFORMATION OR THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF SITE, SERVICES OR SITE INFORMATION.
CROWDRISE, ITS AFFILIATES AND ITS SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS, THE PROVISION OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY PRODUCTS, MERCHANDISE AND/OR SERVICES ORDERED THROUGH SITE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES OR THE SITE INFORMATION, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE CROWDRISE, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, "CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES OR THE SITE INFORMATION.
CrowdRise makes no representation as to whether all or any portion of your donations, including, if any, processing fees, (collectively, "Donations") are tax deductible. CrowdRise will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you, any CrowdRise user or any Charity. You should consult your tax advisor as to the amount of your Donation that is tax deductible, particularly if you are awarded a gift or prize in connection with your donation.
CrowdRise maintains reasonable safeguards and personnel policies that are designed to guard the Site, the Services, our systems and our volunteers', fundraisers', donors' and Charities' information. For example, for the security of your online visit to the Site, CrowdRise may make use of firewall barriers, encryption techniques and/or authentication procedures.
Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while CrowdRise strives to protect your information, it cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, CrowdRise will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the Site.
When you visit the Site, use the Services or send emails to CrowdRise, you are communicating with us electronically. You consent to receive communications from CrowdRise electronically. CrowdRise may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that CrowdRise provides to you electronically satisfy any legal requirement that such communications be in writing.
We make no representations that the Site, Site Information, the Services or products offered through Site are appropriate, available or legal in any particular location. Those who choose to access the Site, Site Information, or the Services and products offered through Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that these Terms, for all purposes, shall be governed and construed in accordance with the laws of the State of Delaware and any action based on or alleging a breach of these Terms must be brought in a state or federal court located in Delaware, and both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
The Site is hosted in the United States and is intended for users located in the United States. If you are a non-U.S. user of Site, by visiting the Site, using the Services and/or providing CrowdRise with any User Generated Content specifically or Content generally, you agree to comply with all federal and state U.S. laws governing the Site, the Services, online conduct and acceptable Content and User Generated Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
These Terms are in addition to, and do not nullify, any other agreement between you and CrowdRise or any other applicable terms and conditions found on the Site. In the case of any direct conflict between these Terms and any other agreement between you and CrowdRise, the provisions of such other agreement shall control but only to extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Site. Notwithstanding the above, when you use Network for Good in order to make or receive a donation, your use of that service is governed by the Network for Good Privacy Notice and Network for Good User Agreement. When you make or receive a donation or registration payment through WePay, your use of that service is governed by the WePay Terms of Service. In addition, when you use Amazon Payments™ to make or receive a donation or registration payment, your use of that service is governed by the Amazon User Agreement and Amazon Payment Privacy Notice.
CrowdRise respects the intellectual property rights of others and requires those that visit the Site and use our network to do the same. CrowdRise may, in appropriate circumstances and at our discretion, remove or disable access to material on the Site or our network that infringes upon the copyright rights of others. CrowdRise also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to the Site or users of our network repeatedly infringe on others' copyrights, CrowdRise may in its sole discretion terminate those individuals' rights to use the Site or our network.
If you believe that your work has been used on our Site or network in any manner that constitutes copyright infringement, please notify CrowdRise's copyright agent by written notice. The notice should include the following information:
CrowdRise's copyright agent for notice of claims of copyright infringement on the Site and our network is Jon Frankel who can be reached at following:
By mail: ZwillGen PLLC, 1705 N. Street, NW Washington, D.C. 20036
By email: Jon@zwillgen.com
By telephone: 202-373-6000
By facsimile: 202-373-6001
The trademarks, logos, and service marks ("Marks") displayed on the Site are registered trademarks of their respective owners, are the property of their respective owners, and/or are protected by U.S. and international trademark laws and/or common law. Their uses are restricted to programs, events, products or services that CrowdRise sponsors or with which we are otherwise affiliated. CrowdRise's trademarks may not be used for personal financial gain. Use of the Marks is prohibited without CrowdRise's express written consent except as permitted by applicable laws. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without CrowdRise's express written consent.
In CrowdRise's sole discretion, we may unilaterally amend or modify these Terms or any other documents referenced herein at any time by posting on the Site. The date of the most recent revision will appear at the top of this page. If CrowdRise has a working email contact for you and the changes to the Terms are material, CrowdRise may notify you of such changes by sending you an email to the address you have provided to us. CrowdRise encourages you to review these Terms periodically for any updates or changes. Any amended or modified terms will be effective upon posting, at the time set forth in an email notice to you or as otherwise decided in CrowdRise's sole discretion and as posted to the Site. Continued use of the Site constitutes acceptance of any modified terms and conditions.
CrowdRise also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site, which may be posted in the relevant parts of the Site, and will be identified clearly and conspicuously. For example, CrowdRise may post additional rules to participate in a Promotion. Your continued use of the Site constitutes your agreement to comply with these additional rules.
The Mean Lawyer told us that these are standard terms in all contracts. Enjoy.