Last Modified August 28, 2015
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Use of Our Service
- Our Services are available only to, and may only be used by individuals, organizations or businesses who can form a legally binding contract with UPTOGOOD, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and is in violation of this Agreement. If a user is under the age of majority in the state or jurisdiction where the user resides or under the age where user can legally form a binding contract in the jurisdiction of user’s residence or use of Service, the user must obtain permission to use the Service from a parent or legal guardian before using the Service. The Service is not available to any Users previously removed from the Service by UPTOGOOD.
- UPTOGOOD may now or in the future allow Users to create accounts. UPTOGOOD accounts will give you access to the UPTOGOOD services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open an UPTOGOOD account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. (c) Further, you may not transfer or sell your UPTOGOOD account. Depending on the type of User, prior to receiving access to an account, you may be required to provide information regarding the business and/or non profit entity that you are authorized to represent. Upon collection of this information, UPTOGOOD and/or UPTOGOOD partners may or may not conduct an approval process to validate your submission and information provided about your business and/or non profit entity and/or yourself. Upon completion of the approval process, UPTOGOOD may notify you that your account is in good standing and that you are authorized to process transactions, or that UPTOGOOD has not approved your account request. UPTOGOOD reserves the right to not approve account requests for any reason. However, whether UPTOGOOD verifies or attempts to verify that a user is a legitimate person or entity, UPTOGOOD will not be held liable for, not accept any responsibility for, any user who misrepresents his, her or its identity. It is the sole responsibility of all users of our services to make their own independent inquiry into the identity of any user or entity on our site prior to interacting in any way, or entering into a financial transaction with that person or entity.
- You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of at least one upper case, one numeric and minimum 6 characters) with your account. You must notify UPTOGOOD immediately of any breach of security or unauthorized use of your account. UPTOGOOD will not be liable for any losses caused by any unauthorized use of your account. When creating your account, you must provide accurate and complete information.
- You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. UPTOGOOD will have no liability for your interactions with other Users, or for any User’s action or inaction. Please be good to one another.
- Users who support a Campaign agree that Campaign Hosts and Campaign Beneficiaries will have access to the user's name and email address if the user chooses not to be anonymous in the event that the user takes a FUNDit action through UPTOGOOD. Users who support a Campaign agree that a Campaign Host will have access to a user's name and email address if they choose not to be anonymous in the event that the user takes a PROMISEit action. Users who support a Campaign agree that a Campaign Host will always have access to a user's name and email address for a SIGNit action because the anonymous option is not available for SIGNit. If a user opts in to be anonymous, Campaign Hosts and Campaign Beneficiaries will never have access to user or supporter's name or email address. Campaign Hosts and Campaign Beneficiaries are responsible to the proper and legal use of a supporter’s name and e-mail address and will not use supporters’ information for any improper or illegal purpose, including selling the information to third parties, sending unwanted e-mails (spam), or any other improper purpose. UPTOGOOD expressly denies any liability for such improper or illegal use of supporter’s information by Campaign Hosts and Campaign Beneficiaries, and all Campaign Hosts and Campaign Beneficiaries hereby expressly agree to hold UPTOGOOD harmless and to indemnify UPTOGOOD for any illegal or improper action by Campaign Hosts and Campaign Beneficiaries involving supporter’s information.
Fees and Service Information
- UPTOGOOD provides some services for a fee. Fees are quoted only in United States dollars, unless otherwise stated. You are responsible for paying all fees associated with using our service and the Services and all applicable taxes. Applicable fees will be described on the Website (FAQ).
- We in our sole discretion may charge a fee, or may change the fees (or associated terms and conditions) charged, for any goods or services provided on the Website, and unless otherwise stated, the changes are immediately effective upon posting on the Website. We may in our sole discretion change some or all of our services at any time.
- In the event we introduce a new Service, the fees for that service are effective immediately upon the launch of the Service.
- Certain aspects of the Service may allow you to make and/or accept a financial contribution towards a campaign supporting a cause and/or an individual(s), business(es), or a non profit organization(s) for a fee. All information that you provide in connection with a transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay UPTOGOOD platform fees and all charges and fees incurred by Users via credit card, debit card, or other payment method used in connection with accepting financial contributions and having monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such monetary transaction interactions. Financial contributions to 501(c)(3) not for profit organizations may be tax deductible to the same extent such contributions would be tax deductible if made directly to the same not-for-profit organization. Please consult your tax advisor or other tax professional to determine any and all tax matters or issues related to the use of the Services. UPTOGOOD may, in its discretion, provide receipts on behalf of 501(c)(3) not-for-profit organizations to users when requested, however, it is the responsibility of the 501(c)(3) organization to provide users with a receipt for tax purposes and users should not rely on any receipt from UPTOGOOD for tax purposes unless advised to do so by their own tax advisor.
- Users should note that after a donation is collected into an activated WePay account, a FUNDit beneficiary has 30 days to verify its information with WePay and link a bank account to withdraw funds for that specific campaign. Funds raised for a FUNDit beneficiary will be automatically refunded back to donors for this specific campaign, if information is not verified by WePay or a bank account is not linked. UPTOGOOD will also suspend further donations to a FUNDit Beneficiary not verified by WePay or who does not link a bank account for this specific campaign.
- All donations through our FUNDit action are at your own risk. Please make sure that when you donate funds through our FUNDit action that you understand how your money will be used. When donating, only donate to those people or entities that you feel comfortable donating to or otherwise know and trust. UPTOGOOD does not warrant that funds will be used for any particular purpose and is not responsible for any misuse of the funds by the campaign beneficiary. By donating money through UPTOGOOD, you represent and warrant that any donation you make is legal in your jurisdiction and that you are authorized to use the payment method you have selected. You agree and acknowledge that: (i) all donations to 501(c)(3) entities and others are made as unrestricted gifts and may not be specified for any particular purpose; (ii) designated fees will be charged to the credit or debit card or other payment method you use through WePay (hereinafter “WePay”); and (iii) all donations are final and non-refundable. If a donation is made through our FUNDit action as a recurring payment and the donor wishes to cancel the recurring payment, no refunds will be given for past payments and the cancellation will take effect with the next scheduled recurring payment.
Privacy & Security
Third-party links, sites and services
- The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by UPTOGOOD. UPTOGOOD does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk and You expressly relieve UPTOGOOD from any and all liability arising from your use of any third-party website, service, or content.
- UPTOGOOD works with WePay to process and administer payments on the Service. By using the Service on UPTOGOOD and transacting on it, you also agree to be bound by WePay’s Terms of Service which are incorporated by reference into this Agreement.
- All data passing from UPTOGOOD’s system to any third party including but not limited to WePay will be handled in a a PCI compliant manner and according to ISO standards so as to meet all security requirements of the third party. All stored credit card and bank account information will be kept in an encrypted form and when passed on to third parties such as WePay, shall be transmitted in a secure connection and an encrypted format.
You agree to defend, indemnify and hold harmless UPTOGOOD and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted by you; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, UPTOGOOD, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
UPTOGOOD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE UPTOGOOD SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND UPTOGOOD WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UPTOGOOD, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL UPTOGOOD BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UPTOGOOD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL UPTOGOOD, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING ONE DOLLAR.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF UPTOGOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from its facilities in the United States. UPTOGOOD makes no representations that the Service is appropriate or available for use in other locations outside of the United States. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States. UPTOGOOD will only support Campaign Beneficiaries with United States bank accounts and will only support United States credit cards for financial transactions involving credit cards.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by UPTOGOOD without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over UPTOGOOD, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state or federal courts located in California, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision below.
For any dispute you have with UPTOGOOD, you agree to first contact us and attempt to resolve the dispute with us informally. In the unlikely event that UPTOGOOD has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and UPTOGOOD agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND UPTOGOOD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notification Procedures and Changes to the Agreement
This Agreement, together with any amendments and any additional agreements you may enter into with UPTOGOOD in connection with the Service, shall constitute the entire agreement between you and UPTOGOOD concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and UPTOGOOD’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.