Terms and Conditions.
Right to Revise.
Limited License to Users.
The Company hereby grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User's eligibility and continued compliance with these Terms of Service.
Description of Service.
My Funding Pal is a web based fundraising platform targeted at serving the needs of specific Campaign Organizer organizations, including schools, teams, clubs, booster organizations, and other similar organizations as disclosed on the Website. Among other features, the Services are designed to allow a Campaign Organizer to post a fundraising Campaign to the Platform to accept monetary donations ("Donations") from registered Users wishing to contribute funds to an eligible Campaign ("Contributors").
Qualification as a Campaign Organizer is required to register for a fundraising Campaign on the Service. All information provided through this registration by Campaign Organizers must be true and accurate information. If information provided to us by a User is shown to be inaccurate, untrue, or involve any form of fraudulent conduct, the Company reserves the right to suspend and terminate that User's use of the Services. Further, the Company takes any form of fraudulent conduct very seriously, if you have reason to believe that any funds being raised through the Service involve fraudulent activity, please contact the Company Safety Team immediately by sending an email to firstname.lastname@example.org. Campaign Organizers will be required to use a user name and password to initiate a fundraising Campaign through the Service. Donations will be facilitated by the Service, however the Company is not a party to any agreement between a Campaign Organizer and Contributors and shall not be responsible for information provided by a fundraising organization, and the Company disclaims all liability in this regard. The Company reserves the right to refuse use of the Service to anyone, and to reject, cancel, interrupt, remove or suspend any Campaign, Donation, or the Services at any time for any reason and without liability
The Company utilizes the services of Open Edge, Inc. ("Open Edge") to process credit card Donations and payments. The Company is not affiliated with Open Edge, Inc. and disclaims all liability related to donations and payments processed through Open Edge, Inc. The Company does not guarantee the results of fundraising Campaigns organized through the Service, and to the maximum extent permitted by law, disclaims all responsibility and liability for the results of fundraising campaigns organized through the Service. The Company will maintain Donations on behalf of Campaign Organizers until completion of the Campaign. Upon completion of the Campaign, all of the Donations raised through such Campaign will be sent to the Campaign Organizer as reduced by the applicable fee charged by the Company for the use of the Service.
The Campaign Organizer is responsible for all information provided to the Company and used and displayed on the Website. In the event a User is found to be using information that is illegal or inappropriate or offensive, then the Company in its sole discretion, reserves the right to terminate use of the Service, stop the Campaign, and may result in reporting the circumstances to law enforcement.
Campaign Organizer agrees to not use the service to:
Fees and Funding.
By using the Services, you acknowledge that the Company provides administrative Services through the Platform, as offered on the Website, to allow fundraising between Campaign Organizers and Contributors. The Company offers fundraising Services through the Platform and does not participate in any agreement between Campaign Organizers and Contributors, nor does it control or endorse Campaign Organizers, and therefore, to the maximum extent permitted by law, disclaims all liability pertaining to the information provided by Campaign Organizers on the Website. For example, but not by way of limitation, the Company does not guarantee that Donations raised will be used by the Campaign Organizer for the purposes as represented by a Campaign Organizer on the Website, or that such information offered by the Campaign Organizer is accurate, nor does the Company guarantee that the Donations will be used in accordance with any fundraising purpose offered by a Campaign Organizer. By using the Service, you acknowledge that the Company is not a broker, agent, financial institution, creditor or insurer for any User, and further that the Company has no control over the conduct of, or any information provided by a Campaign Organizer. The Company expressly disclaims any liability associated with the success of any Campaign, or the outcome of any fundraising purpose. All Donors who choose to use the Services must make the final determination as to the value and appropriateness of contributing to any Campaign.
You are encouraged to thoroughly review the Fees section of our Website for further details pertaining to Fees to use the Service
Limitation of Liability; Waiver; Disclaimer.
To the maximum extent permitted by law, the following shall apply:
COMPANY (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE FEES PAID TO THE COMPANY FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For Users in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents shall, as a condition to use the Service and the Website, waive the applicability of California Civil Code Section 1542 for unknown claims which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." Each User hereby waives the above section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent.
THE COMPANY PROVIDES THIS WEBSITE "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS, AND DELAYS; WARRANTIES THAT ACCESS TO ANY SERVICE OFFERED ON THE PLATFORM WILL BE UNINTERRUPTED, SECURE, COMPLETE, OR ERROR FREE; WARRANTIES AS TO THE LIFE OF ANY URL OR THIRD-PARTY SERVICE; AND WARRANTIES WITH REGARD TO ANY CONTENT OR SOFTWARE THAT HAS BEEN MODIFIED IN ANY WAY BY ANYONE OTHER THAN, AND WITHOUT THE EXPRESS APPROVAL OF, THE COMPANY.
BY ACCESSING, BROWSING, OR USING THIS WEBSITE, AND USING THE SERVICE, YOU ACKNOWLEDGE THAT PROVISION OF THE SERVICE AND USE OF THE WEBSITE ENTAILS THE LIKELIHOOD OF ERRORS, DELAYS, INTERRUPTIONS, AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA. USER IS ADVISED THAT THE PLATFORM, THE WEBSITE, AND/OR THE SERVICE MAY NOT SATISFY USER REQUIREMENTS. IN NO EVENT WILL THE COMPANY BE LIABLE, IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH USE OF THIS WEBSITE, THE PLATFORM, OR THE SERVICE, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; ANY CLAIM(S) RELATING IN ANY WAY TO A USER'S INABILITY OR FAILURE TO SATISFACTORILY COMPLETE A CAMPAIGN FOR FUNDRAISING, OR TO MAKE A DONATION TO A CAMPAIGN; ANY DECISION MADE OR ACTION TAKEN BY A USER IN RELIANCE UPON THE AVAILABILITY OF OR CONTENT MADE AVAILABLE THROUGH THIS WEBSITE.
Company and User agree that any and all disputes or claims shall be resolved exclusively through final and binding arbitration, rather than in court, except that a User at its election may assert claims in small claims court, if the User's claims otherwise qualify for adjudication in that court. Company and User manifest their assent to arbitrate by providing and using the Services. To the maximum extent permitted by law, the Parties agree to arbitrate claims on an individual basis only, and they waive any right to bring, participate in, or recover under, a class, collective, consolidated or representative action.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Dispute Notice"). The Arbitration Notice to the Company should be sent to 4671 Golden Foothill Parkway, Suite 101, El Dorado Hills, CA 95762, Attn: Dispute Resolution, with a copy by email to email@example.com. The Dispute Notice must (i) describe within reasonable specificity the basis for any claim; and (ii) set the relief sought. If the Company and the User making the claim do not reach an agreement to resolve such claim within sixty (60) calendar days after the Dispute Notice is received, you or the Company may commence an arbitration proceeding.
Any arbitration conducted hereunder will be conducted pursuant to the applicable rules promulgated by the by the American Arbitration Association (AAA). If residing in the United States, the Company and Users acknowledge that these Terms of Service evidence a transaction in interstate commerce, and thus the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms of Service. Payment and reimbursement of all filing, administration and arbitrator fees will be governed by the AAA's rules. Orange County, California is the sole proper venue for arbitration; provided, however, that the arbitrator once selected shall have the authority to order the parties to arbitrate in a different venue for good cause shown, applying federal law for transferring venue on grounds of forum non conveniens. If, notwithstanding this arbitration agreement, a claim for any reason proceeds in court rather than in arbitration, the dispute shall be exclusively brought and heard in a court of competent jurisdiction located in the County of Orange, State of California.
Termination of a Campaign.
Digital Millenium Copyright Act Compliance.
The Company endeavors to fully comply with the provisions of the Digital Millennium Copyright Act (17 U.S.C. Â§ 512). If you have any copyright concerns about any Content posted on this Website, please provide us with written notice ("DMCA Notice") by contacting our Designated Agent at the following address
In the event of a DMCA notice applicable to a User, the Company may in its sole discretion limit access to the Services and/or terminate the access to Services of any users who infringe any intellectual property rights of others, regardless of whether there is repeat infringement or not.
Questions or concerns?