Terms of Use

Introduction

Donorship, Inc. (“Donorship”, “we”, “us”, or “our”) provides a SaaS-based website, platform, and mobile app (together with the services offered on or through such platform and mobile app, the “Platform”) which facilitates fundraising efforts by connecting donors and other supporters like you (“you” or “Supporters”) with campaigns, political committees, churches, ministries, colleges, schools, universities, associations, nonprofits, foundations, and other fundraising organizations, and service providers who provide fundraising services to the above entities (collectively, “Recipients”).

Binding Agreement and Acceptance

IMPORTANT! THESE TERMS OF USE (“TERMS”) GOVERN YOUR USE OF THE PLATFORM. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF YOUR ORGANIZATION, REFERENCES TO “YOU” OR “YOUR” SHALL MEAN YOU, YOUR ORGANIZATION AND ANY OTHER USER ACCESSING AND USING THE PLATFORM ON BEHALF OF SUCH ORGANIZATION. BY CLICKING “I AGREE”, ACKNOWLEDGING YOUR AGREEMENT IN WRITING, AGREEING VERBALLY, USING OR ACCESSING THE PLATFORM, OR OTHERWISE SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS, YOU REPRESENT AND WARRANT THAT (A) YOU ARE AUTHORIZED TO ENTER THESE TERMS OF USE, AND ARE DOING SO, (B) YOU CAN LEGALLY ENTER INTO THESE TERMS, (C) YOU HAVE READ AND UNDERSTAND AND AGREE THAT YOU SHALL BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY (THE “PRIVACY POLICY”). IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT USE THE PLATFORM.

These Terms contain an arbitration provision which will, with limited exception, require you to submit disputes you have against us to binding and final arbitration. You will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

Modifications to Terms

We may update these Terms from time to time in our discretion. We will always keep the current version of these Terms posted on this website. By using the Platform after a new version of these Terms have been posted, you agree to the terms and conditions of such version of these Terms. If you do not agree to these Terms, you must immediately cease your use of the Platform.

Supporter Responsibilities

You agree and acknowledge the following:

• You must be at least 18 years of age to use the Platform.
• You hereby affirm that you are: a U.S. citizen or lawful permanent resident; using your own funds, not reimbursed by any other person or entity; not a federal contractor where applicable; not contributing in the name of another; and not otherwise prohibited by law from making the contribution.
• You may be required to provide certain information (including personal information) to make donations, complete other actions for Recipients, or register a user account on the Platform, and you will be required to provide additional information, including payment information, to complete a donation. You consent to such information being collected, used, and shared in accordance with the Privacy Policy. You are responsible for providing complete and accurate information and keep such information up to date, and you are responsible for any liability or damages arising from false, fraudulent, or incomplete information.
• You are responsible for maintaining the security of your account and your login credentials, and you will be responsible for any actions taken using your account credentials.
• You are responsible for keeping your own records of transactions and making appropriate backups — we will not be responsible for any loss of data in our possession or control.
• You are responsible for complying with any local, state, national, or other rules and regulations regarding tax treatment, deductions, and credits, as well as all other applicable laws and regulations.
• You are solely responsible for selecting the Recipients to which you donate — we simply provide a platform to facilitate donations, but do not endorse any particular Recipients. Donorship is not a political committee, fundraiser, treasurer, or agent of any specific campaign, and does not solicit on behalf of any particular candidate. The donor’s legal relationship for the contribution is with the receiving committee/organization, not with Donorship.
• We are not responsible for how Recipients use your donation. We, or certain Recipients, may offer you the ability to designate an intended goal or use for a donation, but such instructions and preferences are not legally binding and we have no responsibility for monitoring how Recipients actually use the donation.
• If you use any VIP or mailing address features offered through the Platform, you consent to Donorship and its service providers receiving, processing, and forwarding mail on your behalf in accordance with the “VIP Mailing Address Service” section of these Terms.

VIP Mailing Address Service

Donorship may offer certain Supporters access to a VIP mailing address service (the “Mail Handling Service”) as part of the Platform. If you elect to use the Mail Handling Service, you acknowledge and agree to the following:

Description of Service

Donorship will arrange for a mailing address at 8080 Westpark Drive, STE 42027, Houston, TX 77063 (or such successor address as Donorship may designate from time to time) (the “VIP Address”) at which mail addressed to you may be received. Mail received at the VIP Address on your behalf will be processed and forwarded to you at the forwarding address you provide through the Platform.

Authorization and Consent

By enrolling in or using the Mail Handling Service, you expressly authorize and appoint Donorship and its service providers as your limited agent solely for the purpose of: (a) receiving mail and correspondence addressed to you at the VIP Address; (b) opening, scanning, or otherwise processing such mail as reasonably necessary to facilitate forwarding; and (c) forwarding such mail to the address you designate. This limited agency appointment is confined exclusively to mail handling and forwarding and does not extend to any other purpose.

Mailing Address Designation

You acknowledge that the VIP Address constitutes a valid “mailing address” for purposes of campaign-finance filings and other lawful uses because it is an address at which you can receive mail. You are solely responsible for determining whether use of the VIP Address satisfies the disclosure and reporting requirements applicable to your contributions under federal, state, or local law, and for providing any additional address information (such as a residential address) if required by the applicable filing authority.

Nature of the Service; No Committee or Agency Relationship

The Mail Handling Service is provided solely as a privacy and convenience service for Supporters. Nothing in this section or elsewhere in these Terms shall be construed to make Donorship a political committee, campaign treasurer, fundraiser, bundler, or agent of any Organization, candidate, or political committee. Donorship’s role is limited to that of a vendor and service provider. The donor’s legal relationship for any contribution remains with the receiving committee or Organization, not with Donorship.

Disclaimers and Limitations

The Mail Handling Service is provided on an “AS IS” and “AS AVAILABLE” basis, subject to the same disclaimers, limitations of liability, and indemnification obligations set forth elsewhere in these Terms. Without limiting the foregoing, Donorship shall not be liable for: (i) delays in mail delivery, forwarding, or processing caused by the U.S. Postal Service, commercial carriers, or other third parties; (ii) loss, theft, or damage to mail occurring before receipt at, or after dispatch from, the VIP Address; or (iii) the contents of any mail received at or forwarded from the VIP Address. You agree to indemnify and hold harmless Donorship and its affiliates, officers, directors, employees, and agents from any claims, damages, or losses arising from or related to your use of the Mail Handling Service.

Termination

Donorship may modify, suspend, or discontinue the Mail Handling Service at any time with or without notice. Upon termination or cancellation, Donorship will use commercially reasonable efforts to forward any mail then in its possession to your last known forwarding address, after which Donorship shall have no further obligation with respect to mail addressed to you at the VIP Address.

Restrictions and Community Standards

You represent, warrant, and agree that you will not: (i) remove any trademark or copyright notices contained in the Platform or Content; (ii) reproduce, modify, publish, distribute, transmit, disseminate, transfer, license, sell, lease, create derivative works based upon, or in any way commercially exploit the Platform or Content or use it to develop any competing offerings; (iii) use manual or automated means to trawl, mine, scrape, frame, or mirror the Platform or Content; (iv) disassemble, decompile or reverse engineer the Platform or Content; (v) attempt to hack, defeat, or overcome any encryption technology or security measures regarding the Platform or our other systems or those of any third party, or gain any unauthorized access to any systems or accounts; (vi) interfere with or disrupt the operation of the Platform or any other systems or otherwise interrupt or interfere with any other user’s use or enjoyment of the Platform; (vii) violate any applicable local, state, national or international law; (viii) post or transmit any Content that is unlawful, defamatory, abusive, harassing, threatening, obscene, fraudulent or otherwise inappropriate or infringes any intellectual property or privacy rights of any person; (ix) send unsolicited advertisements through the Platform; (x) use the Platform in a way that will adversely affect us or reflect negatively on us, any of our goodwill, name or reputation; (xi) provide any false or misleading information or any information that you do not have the right to provide, or seek to impersonate any person or entity; or (xii) violate either these Terms or any of our other rules and policies.

Payment

We may charge Supporters and/or Recipients certain processing and other fees in connection with donations or other transactions made through the Platform (including by deducting such fees from donations prior to funding Recipients). Any separate fees charged to the Supporter on a particular donation or transaction will be shown at the time of purchase. We may modify our processing and other fees from time to time.

By providing us a payment card or other payment method information, you authorize us to charge you for the designated amounts on a one-time or recurring basis, as selected by you. You acknowledge and agree that we may use one or more third-party technologies or banks to facilitate donations and other payments made through the Platform, and that such technologies or banks will receive sufficient information regarding you and your payment method as needed to process such payments. We may impose a reasonable hold period on donated amounts, for funding confirmation and anti-fraud purposes. ALL PAYMENTS ARE NON-REFUNDABLE UNLESS OTHERWISE AGREED BY US IN OUR SOLE DISCRETION.

Donations initiated through the Platform may be processed by third-party payment processors and/or, in some cases, temporarily held in one or more custodial or settlement accounts controlled by us or by such processors, before being disbursed to the applicable Organization. To the extent any donated amounts are ever held in an account in our name, you acknowledge and agree that we hold such funds solely in a custodial or conduit capacity on behalf of the applicable Organization and/or donor, and not as our own property, and that you will not receive any interest or other earnings, if any, that may accrue on such funds. Disbursement timing may vary based on payment method, processor rules, anti-fraud and compliance reviews, and the Organization’s settings, and we do not guarantee any specific settlement or payout date. We may delay, withhold, or reverse transfers of donated amounts if we believe it is reasonably necessary to comply with applicable law or the rules of our processors, to address suspected fraud, illegal or excessive contributions, chargebacks or disputes, or other risk-related concerns.

Content; Ownership; DMCA

“Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages, or other material or content that are displayed, used, or otherwise incorporated into the Platform. The Platform and all Content other than Your Content (as defined below) is owned by us or our third-party licensors and is protected by applicable copyright, trademark, and/or other intellectual property laws. Nothing contained on the Platform should be construed as granting any license or right to use any of the Content without our written permission. Subject to your continued compliance with these Terms, we hereby grant you a personal, non-exclusive, revocable, non-transferable and non-sublicensable license to access and use the Platform and Content for your personal use. Any use of the Content (including our names, logos, and trademarks) will inure to our benefit.

It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. If you repeatedly infringe third party copyrights (e.g., by submitting Content without permission), whether proven or alleged, it is our policy to terminate your account on the Platform.

Your Content; Feedback

“Your Content” means any Content submitted to the Platform by you. We have the right, but no obligation, to monitor or screen Your Content and remove any of Your Content that we deem objectionable in any way. By submitting any of Your Content, you: (i) represent and warrant that you have all right, title, and interest to do so; (ii) acknowledge that Your Content will not be treated as confidential, and may be publicly visible via the Platform; (iii) grant us and our affiliates a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable (through multiple tiers), assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, modify and otherwise exploit Your Content (and any copyrights, publicity, database and other proprietary rights therein) solely in connection with operating, maintaining, improving, and promoting the Platform and providing services to Recipients (including via APIs or other programmatic interfaces that enable Recipients to access, synchronize, and manage donor and contribution data), and as required by applicable law (including to operate, maintain, improve, and promote the Platform) without attribution or compensation; and (iv) consent to Donorship’s display and processing of Your Content on the Platform and in connection with the services described herein; provided, however, that Donorship shall not use Your name, likeness, or identity for unrelated commercial marketing without Your separate written consent. Donorship acknowledges that political-donation data is governed by the Political and Donation-Related Information section and the Privacy Policy, and not by this broad license. Nothing in this section expands or overrides those specific protections in any of Your Content. If you provide feedback, suggestions, improvements, or requests for additional functionality (collectively, “Feedback”), you grant us an unrestricted, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, display, perform, modify, transmit, distribute and create derivative works of such Feedback in any way we deem reasonable, without any attribution or accounting to you. This paragraph will survive any termination or expiration of these Terms or of your account on the Platform.

Third Parties

The Platform may contain Content provided by third parties and other references or links to third parties and their websites. We do not control or endorse such third parties or websites and we are not responsible for any Content provided by third parties or any content on third-party sites, nor are we responsible for the accuracy or reliability of any information, data, opinions, advice, or statements therein. We have the right, but not the obligation, to review any Content provided by third parties (including other users of the Platform). We do not endorse such third-party Content, and any views expressed therein are the views of the applicable author and do not necessarily align with our views. We are not responsible for the accuracy or reliability of any Content provided by third parties and will not be liable for any causes of action (including slander, libel, or invasion of privacy) relating to such third-party Content. We have no control over, and are not responsible for, your interactions (online or in person) with any third parties, including other users of the Platform even if introduced via the Platform. You are solely responsible for your interactions with any third parties. If you have any disputes with other users of the Platform, we may (at our discretion) attempt to facilitate a resolution but are under no obligation to do so.

Payments; Refunds; Chargebacks; Settlement

You acknowledge that all donations made through the Platform are processed by third-party payment service providers, including Anedot, and are subject to their applicable terms, timelines, and fee structures. Donations are generally non-refundable, but we and/or the receiving Organization may, in our sole discretion or where required by applicable campaign-finance law, void or refund all or part of a donation, including to correct clearly incorrect amounts, to remedy illegal or excessive contributions, or at the written direction of the Organization or its treasurer. In the event of a refund, the refunded amount will ordinarily be returned to the original payment method; however, you understand that card networks and processors typically do not return underlying processing fees, which may be borne by the Organization and/or retained by the processor, and that any platform or processing fees already earned may not be refundable.

You further acknowledge that card issuers and banks may permit you to dispute or charge back a transaction, and that any such chargeback may result in a reversal of your donation and the imposition of additional, non-refundable dispute or chargeback fees on the Organization (for example, processors such as Anedot currently assess a non-refundable chargeback fee per dispute). We reserve the right, but have no obligation, to assist Recipients in responding to refund requests, chargebacks, and disputes, and to share with them any information reasonably necessary to do so. For risk-management, anti-fraud, and compliance purposes, donations may be delayed, held, or rejected, and we or our processors may place temporary holds on payouts to Recipients (for example, ACH donations may not be eligible for refund until funds have fully cleared the banking system). You understand that the timing of when a donation is charged to your payment method may differ from when the corresponding funds are actually received by the Organization, and that any holds, reversals, or compliance reviews may delay or prevent final settlement of a donation to the intended recipient.

Political and Donation-Related Information; Third-Party Processors

When you use the Platform to support political campaigns, political committees, or other Recipients, we may collect and process information about your donations and related activity (for example, the specific candidates, committees, causes, or ballot measures you choose to support, donation amounts and dates, and any designations or messages you provide). Because this information can suggest your political opinions or affiliations, we treat it as sensitive personal data. We use this information only to operate the Platform, process and reconcile donations, comply with applicable campaign-finance, tax, and other laws, and provide required reports or records to the relevant Recipients and, where required, to regulators and election authorities. We retain donation-related and political-activity information only for as long as reasonably necessary to provide our services to you and the applicable Recipients and to meet our legal, compliance, accounting, and record-keeping obligations; thereafter, we will delete or irreversibly anonymize such data in accordance with our retention schedule.

We use third-party payment processors, payment facilitators, and other service providers (for example, providers such as Anedot) to process donations and related payments on behalf of Recipients. When you make a donation, these third parties may receive your personal and payment information, and they will process that information in accordance with their own privacy policies and terms, which we encourage you to review. In some cases, these third parties may store or process data in jurisdictions outside your state or country of residence; by using the Platform, you acknowledge that your information may be transferred to and processed in such jurisdictions, subject to appropriate safeguards as required by applicable law.

Disclaimers

YOUR USE OF THE PLATFORM AND CONTENT IS AT YOUR SOLE RISK AND THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE PLATFORM AND CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR THAT USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THE CONTENT WILL BE COMPLETE OR ACCURATE.

WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY ELECTRONIC NETWORK OR LINES, SERVERS, SOFTWARE, OR FAILURE OF TRANSMISSION AS A RESULT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE PLATFORM, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON’S COMPUTER RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE PLATFORM.

UNDER NO CIRCUMSTANCES SHALL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE PLATFORM, CONTENT, OR FROM THE CONDUCT OF ANY USERS OF THE PLATFORM OR OTHER THIRD PARTIES. WE DO NOT ENDORSE ANY USERS OR OTHER THIRD PARTIES LISTED, REFERENCED, OR REGISTERED USING THE PLATFORM. WE ARE NOT RESPONSIBLE FOR ORGANIZATIONS’ ULTIMATE USE OR DISPOSITION OF DONATED AMOUNTS.

WE MAY PLACE A SUSPENSION, HOLD, OR FREEZE ON USER ACCOUNTS OR PAYMENTS IF WE BELIEVE IT IS REASONABLY NECESSARY IN ORDER TO COMPLY WITH THE LAW OR TO PROTECT OUR SYSTEMS OR INTERESTS OR THOSE OF OUR USERS OR THIRD PARTIES, INCLUDING IN CASES OF SUSPECTED FRAUD OR ILLEGAL ACTIVITY. WE WILL HAVE NO LIABILITY FOR ANY SUCH ACTIONS.

WE MAKE NO REPRESENTATION THAT THE PLATFORM, OR YOUR USE THEREOF, WILL COMPLY WITH ANY LAWS OR REGULATIONS APPLICABLE TO YOU IN YOUR JURISDICTION(S), REGARDING TAX TREATMENT OR OTHERWISE. IF YOU ACCESS THE PLATFORM FROM LOCATIONS OUTSIDE THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS.

NEITHER WE, NOR THE PLATFORM OR CONTENT, PROVIDE LEGAL, TAX, FINANCIAL OR OTHER PROFESSIONAL ADVICE. YOU SHOULD CONSULT PROFESSIONAL ADVISORS ABOUT THE LEGAL, TAX, OR FINANCIAL CONSEQUENCES OF YOUR CHARITABLE ACTIVITIES. WE CANNOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE PLATFORM OR CONTENT. THE PLATFORM IS PROVIDED TO FACILITATE CONNECTIONS BETWEEN THIRD-PARTY SUPPORTERS AND ORGANIZATIONS OR RECIPIENTS. WE ARE NOT A BROKER OR AGENT OF ANY OF THE ORGANIZATIONS LISTED ON THE PLATFORM AND WE DO NOT SOLICIT DONATIONS. DONORSHIP DOES NOT PROVIDE ADVICE REGARDING CONTRIBUTION LIMITS AND SOURCE RESTRICTIONS, WHICH VARY BY JURISDICTION AND RACE. DONORS AND ORGANIZATIONS ARE RESPONSIBLE FOR ENSURING EACH DONATION COMPLIES WITH APPLICABLE FEDERAL, STATE, AND LOCAL CAMPAIGN-FINANCE LAW.

DONORSHIP IS ACTING AS A VENDOR/SERVICE PROVIDER AND NOT AS A POLITICAL COMMITTEE OR TREASURER, INCLUDING WITH RESPECT TO ANY MAIL HANDLING OR VIP MAILING ADDRESS SERVICES IT MAY OFFER. THE RELEVANT CAMPAIGN/COMMITTEE IS SOLELY RESPONSIBLE FOR REQUIRED ELECTION-LAW REPORTING OF CONTRIBUTIONS AND CONTRIBUTOR DATA.

SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS ON WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEITHER WE NOR OUR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE PLATFORM, UNDER ANY LEGAL THEORY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE). TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEITHER WE NOR OUR LICENSORS WILL BE LIABLE TO YOU FOR AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF $100 USD OR THE PROCESSING FEES PAID BY YOU (LESS ANY PART OF THE PROCESSING FEES PAID TO, OR RETAINED BY, A THIRD PARTY (E.G., THE ACQUIRER, AN ISSUING BANK, ETC.)) DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY FOR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. YOUR SOLE REMEDY IF YOU ARE DISSATISFIED WITH THE PLATFORM IS TO DISCONTINUE YOUR USE THEREOF.

YOU ACKNOWLEDGE AND AGREE THAT WE OFFER THE PLATFORM, SET OUR PRICES, AND ENTER INTO THESE TERMS IN RELIANCE ON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN AND THAT SUCH PROVISIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THEM. WE WOULD NOT BE ABLE TO PROVIDE THE PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

Release and Indemnity

You will release, defend, indemnify, and hold us, our past, present, and future affiliates, licensors, licensees, marketing partners, and suppliers, together with their respective officers, directors, employees, and agents, harmless from and against any damages, losses, claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from your use of the Platform, Your Content, any donations made by you, or your violation of these Terms. We may opt to defend such claims at our sole discretion, in which case you will indemnify us for the costs of such defense. California residents hereby waive 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.”

In addition to your other indemnification obligations under these Terms, you agree to release, defend, indemnify, and hold harmless Donorship, its affiliates, and their respective officers, directors, employees, and agents from and against any and all losses, penalties, fines, costs, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) any false, incomplete, or misleading certifications or statements you make in connection with a donation (including your eligibility to contribute, your citizenship or residency status, your employment information, or whether you are making a contribution from your own funds and not as a conduit or on behalf of another person or entity); (b) any illegal, excessive, or otherwise non-compliant contribution made or attempted to be made by you through the Platform under applicable federal, state, or local campaign-finance, election, or ethics laws; and (c) your failure to comply with any applicable laws and regulations regarding political contributions, campaign-finance and disclosure rules, anti-money-laundering and “know your customer” requirements, economic sanctions, or similar legal and regulatory obligations.

You acknowledge that certain Recipients using the Platform are themselves subject to separate legal and regulatory obligations (including campaign-finance, tax-exempt organization, and charitable-solicitation rules), and that Donorship is not responsible for any Organization’s compliance with such obligations. If you are accessing or using the Platform on behalf of an Organization, you further represent and warrant that such Organization: (i) will use the Platform, and will solicit and accept donations through the Platform, only in compliance with all applicable laws, rules, and regulations; and (ii) is, and will remain, responsible for any required reporting, recordkeeping, contribution screening, and other legal compliance related to donations it receives. Your use of the Platform as or on behalf of an Organization is also subject to our separate Terms of Use for Recipients (as updated from time to time), which govern our relationship with Recipients and are incorporated herein by reference.

Termination

We reserve the right to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) without notice. We may terminate or suspend your account at any time, for any reason, without liability to you. Your right to use the Platform will automatically terminate if you breach these Terms. You may stop using the Platform at any time; to delete your account please contact us as set forth at the end of these Terms. Termination will not relieve either party from any obligations incurred or arising prior to such termination, and those sections of these Terms which are by their nature intended to survive termination (including, without limitation, the disclaimers, limitation of liability, indemnity, and general clauses) shall so survive.

Dispute Resolution; Mandatory Arbitration; Waiver of Jury Trial and Class Action

These Terms are governed by and will be construed in accordance with the laws of the State of Wyoming, without regard to the conflicts of laws provisions thereof.

THE PARTIES AGREE THAT ANY DISPUTES ARISING IN CONNECTION WITH THE PLATFORM OR THESE TERMS WILL BE EXCLUSIVELY RESOLVED IN BINDING ARBITRATION USING THE DISPUTE RESOLUTION PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION LOCATED IN ATLANTA, GEORGIA. YOUR ARBITRATION FEES AND YOUR SHARE OF ARBITRATOR COMPENSATION SHALL BE GOVERNED BY SUCH RULES. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND DONORSHIP WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU MAY BRING DISPUTES ONLY ON YOUR OWN BEHALF. NOTWITHSTANDING THE FOREGOING OBLIGATION TO ARBITRATE DISPUTES, EACH PARTY SHALL HAVE THE RIGHT TO PURSUE INJUNCTIVE OR OTHER EQUITABLE RELIEF AT ANY TIME, FROM ANY COURT OF COMPETENT JURISDICTION.

YOU HAVE THE RIGHT TO OPT-OUT AND NOT BE BOUND BY THE ARBITRATION PROVISIONS SET FORTH ABOVE BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT-OUT TO help@donorship.com. THE NOTICE MUST BE SENT TO US WITHIN THIRTY (30) DAYS OF YOUR USE OF THE PLATFORM OR AGREEING TO THESE TERMS, OTHERWISE YOU SHALL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THE TERMS OF THOSE SECTIONS. IF YOU OPT-OUT OF THESE ARBITRATION PROVISIONS, WE ALSO WILL NOT BE BOUND BY THEM AND WILL BE FREE TO PURSUE ANY CLAIMS WE MAY HAVE AGAINST YOU IN COURT.

THE PARTIES HERETO EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE IN CLASS-ACTION PROCEEDINGS.

Force Majeure

We will not be responsible or liable for any delays or failures to perform due to causes beyond our reasonable control, which may include natural disasters, terrorist attacks, criminal activity, failure of internet or communications networks, health emergencies including pandemics or similar serious outbreaks of disease, or other force majeure events.

General

The parties are independent contractors, and nothing herein will be deemed to create any joint venture, partnership, agency, or other type of relationship between the parties.

You may provide notice to us by contacting us by email at legal@donorship.com or by mail as set forth in the “Contact” section below. We may provide notice to you by email or regular mail at the address listed in your account profile (or used to complete any action on the Platform), or through messages displayed or sent via the Platform.

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

Some or all of the Platform’s features and services may be limited or unavailable to users who are not residents and/or citizens of the United States.

You may not assign these Terms or these rights and obligations without our prior written consent; any purported assignment in violation of these Terms will be null and void. If any provision of these Terms is determined to be void or unenforceable in whole or in part, the remaining provisions of these Terms shall not be affected thereby and shall remain in force and effect.

These Terms and any policies referenced herein constitute the entire agreement between the parties regarding the subject matter thereof and supersede any prior or contemporaneous agreements with regards to such subject matter. A party’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

If you create a Donorship Account or otherwise access or use the Fundraising Services, you will automatically be deemed to have accepted, and will be bound by, Anedot’s Terms of Use, Privacy Policy, and Anedot’s Merchant Services Agreement. The terms of the Merchant Services Agreement may be independently enforceable by Acquirer (as defined therein). You understand that the Merchant Services Agreement may be modified by the Acquirer in accordance with the terms of the Merchant Services Agreement.

Donorship is made available to Supporters and Recipients throughout the United States; however, these Terms, and any dispute between you and Donorship arising out of or relating to the Platform, are governed by the laws of the State of Wyoming (without regard to its conflict-of-laws rules), and any arbitration or other dispute-resolution proceedings between you and Donorship shall take place as set forth in the “Dispute Resolution; Mandatory Arbitration” section above. You understand and agree that nothing in these Terms, including any agreement to arbitrate disputes on an individual basis, is intended to, or shall be construed to, limit or waive the ability of any governmental, regulatory, or enforcement authority (including campaign-finance regulators, tax authorities, and state attorneys general) to bring any action or proceeding that such authority is authorized to bring under applicable law.

Contact

For questions, contact us at privacy@donorship.com or by mail at Donorship, 8080 Westpark Drive, STE 42027, Houston, TX 77063.