CHANGE FOR CHANGE
TERMS OF SERVICE
Last Updated on September 28, 2022
These Terms of Service (“Terms”) govern your use of the services provided by Change Platforms, Inc. (“we”, “us”, “our”, or “Company”), including without limitation our website, mobile or web applications, or other digital products or services that link to or reference these Terms (collectively, the “Services”). These Terms are a binding legal agreement between you or the entity you represent (“you” or “your”) and Company. You must agree to these Terms before you can use the Services. You can agree to these Terms by: (a) actually using the Services, including, without limitation, accessing our website or web or mobile app, and/or (b) clicking a box that indicates you agree to the Services, where such a box is made available to you. These Terms are to ensure that you will use the Services only in the ways in which we intend for it to be used. Please read these Terms carefully, as they may have changed. Though your access and use of the Services is governed by the Terms effective at the time, please note that we may revise and update these Terms from time to time in our discretion. If we make a change to the Terms, we will post the revised Terms on our website and/or applications. Without limiting the foregoing, if we make a change to the Terms that materially impacts your use of the Services, we will endeavor to notify you by email at the email address you provide to us.
Please be aware that these Terms include, among other things, a binding arbitration provision that requires you to submit to binding and final arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. Please see Section 14, below.
By accessing or using the Services:
Company offers its Services as a platform to allow individuals, groups or companies (“Donors”) to contribute monetary donations (“Donations”) directly to charitable organizations or other organizations (“Organizations”) via giving campaigns (“Campaigns”) created by individuals and/or businesses (“Campaign Organizers”) for the benefit of Organizations and/or other beneficiaries, in conjunction with various commercial sponsors (“Brands”). Donors, Organizations, Campaign Organizers, other beneficiaries and Brands are collectively referred to as “users.” Company is not a broker, financial institution, creditor, charity or 501(c)(3) organization. Company does not provide financial, legal, tax or other professional advice. Before making any decisions regarding charitable donations, you should consult with your financial, legal, tax or other professional advisors as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk. Donors must make the final determination as to the value and appropriateness of contributing to an Organization. All Donations are at your own risk, and you are responsible for understanding how your money will be used and the tax treatment of such Donations. Company does not provide any donation receipts for tax purposes.
The Services is controlled or operated (or both) from the United States and is not intended to subject Company to any non-U.S. jurisdiction or law. The Service may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Services is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Services’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
We grant you permission to access and use the Services subject to the restrictions set out in these Terms. It is a condition of your use of the Services that the information you provide is correct, current, and complete. Your use of the Services is at your own risk, including the risk that you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. You are responsible for making all arrangements necessary for you to have access to the Services. We may close your account, suspend your ability to use certain portions of the Services, and/or ban you altogether from the Services for any or no reason, and without notice or liability of any kind. You are responsible for ensuring your access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges) and obtaining and maintaining all equipment necessary to access the Services.
Some or all of the Services and certain features or functionalities, may require you to login using third party account credentials, such as Google, Facebook and Linkedin. If you register for the Services your third party account credentials, you authorize us to access, display and use certain information from your third party account (e.g. profile pictures, full name, and email). You are responsible for all activities that occur in connection with your account. You may not impersonate someone else to login to the Services. In order to ensure we can protect and properly administer the Services and our community of users, we have the right to disable or close any user login at any time and for any reason or for no reason. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.
You may use the Services only for lawful purposes and in accordance with these Terms. We are under no obligation to enforce the Terms on your behalf against another user. We encourage you to let us know if you believe another user has violated the Terms or otherwise engaged in prohibited or illegal conduct.
You agree not to, and will not assist, encourage, or enable others to use the Services:
Additionally, you agree not to, and will not assist, encourage, or enable others to:
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing thirty (30) days’ prior written notice to us at firstname.lastname@example.org, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
We are not responsible or liable to any third-party for the content or accuracy of any materials posted by you or any other user of the Services. You understand that when using the Services, you will be exposed to text, images, photos, audio, video, location data, and all other forms of data or communication (“Content”) from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. We do not endorse any Content made available through the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with such Content. Any Content, whether provided by a user or by Company, is provided for informational purposes only, without regard to any particular user’s objectives, financial situation, or means, and Company is not soliciting any action based upon it. Content is not to be construed as a recommendation; or an offer to buy or sell; or the solicitation of an offer to buy or sell any security, financial product, or instrument; or to participate in any particular risk strategy in any jurisdiction in which such an offer or solicitation, or risk strategy would be illegal. Certain transactions give rise to substantial risk and are not suitable for all companies. Although certain Content may be based upon information that Company considers reliable, Company has not verified this information and does not represent that this material is accurate, current, or complete and it should not be relied upon as such. You should neither construe any Content as business, financial, investment, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions.
You understand and acknowledge that you alone are responsible for Content that you submit or transmit to, through, or in connection with the Services or that you publicly display or displayed in your account profile (collectively, “Your Content”), and you, not Company, assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, reliability, appropriateness, or any disclosure by you of information in Your Content that makes you or anyone else personally identifiable. You represent that you own or have the necessary rights, consents, and permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Company. You represent and warrant that Your Content does not violate these Terms. You hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. By “use” we mean use, make, have made, sell, offer for sale, import, practice, copy, publicly perform and display, reproduce, perform, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content. Pursuant to this grant, you agree that we may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it. Please note that you also irrevocably grant the users of the Services the right to access Your Content in connection with their use of the Services. Finally, you irrevocably waive, and cause to be waived, against Company and its users any claims and assertions of moral right or attribution with respect to Your Content. We are not and shall not be under any obligation, except as otherwise expressly set forth in these Terms or our other policies, (1) to maintain Your Content in confidence; (2) to pay you any compensation for Your Content; (3) to credit or acknowledge you for Your Content; (4) to respond to Your Content; or (5) to exercise any of the rights granted herein with respect to Your Content.
We respect the intellectual property rights of others, and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, in appropriate circumstances and in our sole discretion, we may terminate the rights of any user to use the Services (or any part thereof) who infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information to the “Copyright Agent”:
All notices of copyright infringement claims should go to our Copyright Agent at email@example.com.
Company is not a payment processor and does not hold any funds. Instead, Company uses third-party payment processing partners to process Donations for a Campaign (“Payment Processor”). You acknowledge and agree that the use of Payment Processors are integral to the Services and that we exchange information with Payment Processors in order to facilitate the provision of Services. By using the Services to make, access or receive a Donation you agree to be bound by its Payment Processors (currently Stripe, PayPal and in some instances Plaid) terms of service, which can be found here: https://stripe.com/legal, https://www.paypal.com/ga/webapps/mpp/ua/legalhub-full, https://plaid.com/legal/terms-of-use/.
In making a Donation you may be asked by Payment Processors to supply certain information relevant to your Donation, including without limitation your bank account login credentials, credit card number or other payment account number, and your billing address. YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR OLDER AND/OR HAVE THE LEGAL RIGHT TO USE ANY PAYMENT MEANS USED BY YOU IN CONNECTION WITH ANY DONATION. By submitting such information, you grant Company (or its payment processor(s)) the right to provide such information to third parties for purposes of consummating Donations initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Donation. We reserve the right, in our sole discretion, to refuse or cancel the processing of any Donation for any reason. Company (or its payment processor(s)) may automatically process charges against your selected payment method. Company or its payment processor will inform you if all or any portion of your Donation is refused or canceled or if additional or different information is required to process and accept your Donation.
You acknowledge and agree that all Donations must comply with applicable laws and these Terms of Service (collectively, the “Donation Rules”). In the event that Company, or a government regulator or enforcement agency determines, in its sole discretion, that a user’s proposed donation would violate a Donation Rules, Company may reject the donation and return the proposed donation amount to the applicable contributor. For the avoidance of doubt, Company reserves the right to refuse any donation request.
In order to withdraw funds from a Campaign, a Campaign Organizer or, if not the same, beneficiary (collectively “Withdrawing Entity”) will be required to provide Payment Processors information regarding bank account information (“Withdrawing Account”). You, as Withdrawing Entity, represent and warrant to Payment Processors and Company that such information is true and that you are authorized to use the applicable Withdrawing Account.
Although there are no fees to register to use the Services, when making Donations, industry-standard transaction fees apply and may be deducted from the total donation amount, including our processing fee for offering of the Services (“Service Fees”). We will endeavor to describe all applicable Service Fees to you at the point of check-out prior to making your Donation. Service Fees are subject to change in our sole discretion. Service Fees will be automatically withdrawn from transactions that are conducted through our Services and you agree to allow us to deduct such Service Fees from any Donations and/or transactions made through our App.
We may provide Organizations with access to a list of Donors who contributed Donations to the Organization and related Donor information (“Donor List”). THE DONOR LIST IS PROVIDED “AS IS,” AND COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY DONOR LIST OR ANY INFORMATION CONTAINED THEREIN. Unless a Donor checks the “Anonymous” checkbox at the time of Donation or seeks to be anonymous through other means provided herein, by using the Services, the Donor consents to the disclosure of Donor’s information as described herein, including without limitation, disclosure as part of a Donor List.
Additionally, with respect to all Donations you make or accept through the Services, you agree and represent, warrant and covenant:
If there are other websites and resources linked to on the Services, these links are provided only for the convenience of our users. We have no control over the contents of those websites or resources, and therefore cannot accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the Terms and conditions of use for such websites.
Although we hope to make the Services available at all times in the future, there may be times when we need to disable the Services either temporarily or permanently. The Services may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability. Keep this in mind as Company will not be liable if all or any part of the Services is unavailable at any time, for any period of time. Also, from time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users. We cannot and do not make any representations or warranties with respect to the devices you use to access or use the Services, including with respect to device compatibility.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU FURTHER WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES CONTAINED HEREIN. FOR EXAMPLE, (1) CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, 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” AND (2) NEW JERSEY RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF THE TRUTH IN CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT SECTION 15 AND 16. YOU HEREBY WAIVE, AS APPLICABLE, THESE SECTIONS OF THE CALIFORNIA CIVIL CODE AND NEW JERSEY TRUTH IN CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM THE SERVICES. COMPANY’S AGGREGATE LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO FEES ACTUALLY PAID BY YOU IN CONNECTION WITH THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED U.S. DOLLARS ($100). THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS.
You shall indemnify and hold harmless Company, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from (a) your violation of these Terms, (b) your use of the Services, (c) any of Your Content, (d) your violation of any third party right, (e) your breach of applicable law, or (f) your negligence or willful misconduct.
This Agreement shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in New York, New York.
These Terms constitute the sole and entire agreement between you and Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. No waiver of these Terms by Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. The Terms, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with Company’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect.
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: firstname.lastname@example.org. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third-parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development that is owned by us, and (iv) such Feedback is the exclusive property of Company and you hereby assign us all right, title, and interest in and to such Feedback and, to the extent applicable, you irrevocably waive, and cause to be waived, against Company and its users any claims and assertions of any moral rights contained in such Feedback.
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