TERMS OF USE
Thank you for visiting FundGive.com (“FundGive”). We hope you find our site informative. In this section we will communicate a few key points (terms and conditions) to you. They are listed below and by accessing this Web site you are agreeing to the following terms and conditions.
Children under the age of 13 are not permitted to register. If you are under the age of 13, please ask your parents to register for you. Thank You.
COPYRIGHT, TRADEMARK, AND RELATED ISSUES
The copyright to the contents of this site is owned by FundGive or other third parties who have licensed Polar Pals Holidays use. Users may download material from this site for their own personal, non-commercial use only, and provided all copyright notices are kept intact. Any other copying, redistributing, or publishing of any part of this site in any manner is prohibited.
Any non-personal information, communications or material you submit to Polar Pals Holidays / FundGive at this site, by e-mail or otherwise, is non-confidential, and FundGive is free to use and reproduce such information freely, and for any purpose. Specifically, FundGive is free to use any ideas or concepts contained in any such communication for any purpose whatsoever, including developing, manufacturing, advertising and marketing products. Any such use is without compensation to the party submitting information. By submitting information, you are also warranting that you own the material/content submitted, that it is not defamatory, and that FundGive's use will not violate any third party's rights. FundGive is under no obligation to use the information submitted.
The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on FundGive.com belong to FundGive. Nothing contained on this Web site should be construed as granting any license or right to use any Trademark displayed on this Web site. Your use/misuse of the Trademarks displayed on this Web site, or any other content on this Web site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that FundGive will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
LINKING
This Web site may contain links to other Web sites. These links are to companies or organizations we believe you may have an interest in. FundGive is not responsible for the content of any other site or for ongoing review of other sites. Please be mindful of this as you link to other sites. In general, FundGive does not object to links to this Web site from third-party sites. However, you must abide by the following rules: Unless we have a written agreement with you, you may not use any of FundGive’s trademarks, logos or slogans in or with your links, except that you may link to this site using the plain text name of the site. Do not present the link to this site in any way that suggests FundGive has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site, unless you have a specific written agreement with FundGive to do so. Link only to the home page of this site. Do not, without FundGive's written permission: (a) incorporate any content from this site into your site (e.g., by in-lining or framing); (b) use any FundGive names, trademarks, slogans, or any other words or codes identifying FundGive Web sites in any "metatag" or other information used by search engines or other information location tools to identify and select sites. FundGive will not tolerate links from any obscene, scandalous, profane, defamatory, unlawful site, or any site that may adversely affect the name, reputation and goodwill of FundGive and its products. FundGive reserves the right to cancel permission to link at any time, for any reason.
JURISDICTIONAL ISSUES
FundGive products, materials, offers, and information appearing on FundGive.com are intended for U.S. customers. FundGive makes no representation that materials on this site are appropriate or available for use in other locations.
COLLECTION OF YOUR PERSONAL INFORMATION
FundGive collects personally identifiable information, such as your email address, name, home or work address or telephone number. FundGive also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.
There is also information about your computer hardware and software that is automatically collected by FundGive. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by FundGive for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the FundGive site.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through FundGive public message boards, this information may be collected and used by others. Note: FundGive does not read any of your private online communications.
FundGive encourages you to review the privacy statements of Web sites you choose to link to from FundGive so that you can understand how those Web sites collect, use and share your information. FundGive is not responsible for the privacy statements or other content on Web sites outside of the FundGive and FundGive family of Web sites.
USE OF PERSONAL INFORMATION
FundGive collects and uses your personal information to operate the FundGive Web site and deliver the services you have requested. FundGive also uses your personally identifiable information to inform you of other products or services available from FundGive and its affiliates. FundGive may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
FundGive does not sell, rent or lease its customer lists to third parties. FundGive may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, FundGive may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to FundGive, and they are required to maintain the confidentiality of your information.
FundGive does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
FundGive keeps track of the Web sites and pages our customers visit within FundGive, in order to determine what FundGive services are the most popular. This data is used to deliver customized content and advertising within FundGive to customers whose behavior indicates that they are interested in a particular subject area.
FundGive websites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on FundGive or the site; (b) protect and defend the rights or property of FundGive; and, (c) act under exigent circumstances to protect the personal safety of users of FundGive, or the public.
USE OF COOKIES
The FundGive website use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize FundGive pages, or register with FundGive site or services, a cookie helps FundGive to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same FundGive Web site, the information you previously provided can be retrieved, so you can easily use the FundGive features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the FundGive services or Web sites you visit.
SECURITY OF PERSONAL INFORMATION
FundGive secures your personal information from unauthorized access, use or disclosure. FundGive secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
Our policy is to not collect any personal information on any person under 13 because children are not permitted to use the site or receive services on the site. We request that children under the age of 13 not submit any personal information to us using the site. As a measure to ensure that we do not collect personal information from children, we require that all individuals provide a valid credit card number before completing a purchase order on the site. If we learn that we have inadvertently collected personal information about children under 13, we will attempt to notify such child's parent or guardian and erase such information from our records, unless the child's parent or guardian consents to our maintaining such information.
CHANGES TO THIS STATEMENT
FundGive will occasionally update this Statement of Privacy to reflect company and customer feedback. FundGive encourages you to periodically review this Statement to be informed of how FundGive is protecting your information.
CONTACT INFORMATION
FundGive welcomes your comments regarding this Statement of Privacy. If you believe that FundGive has not adhered to this Statement, please contact FundGive at service@fundgive.com. We will use commercially reasonable efforts to promptly determine and remedy the problem.
LIMITATION OF LIABILITY
Your use of and browsing on this Web site are at your own risk. Neither FundGive nor any other party involved in creating, producing or delivering this Web site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, this Web site. Without limiting the foregoing, everything on this site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Check your local laws. FundGive assumes no liability and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account your use of this Web site.
TEXT MESSAGING
FundGive offers its customers both recurring text messaging programs and occasional one-time or limited-duration text messaging programs. These Terms and Conditions govern all FundGive text message programs.
ARBITRATION NOTICE:
EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION/CLASS-ACTION WAIVER/DISPUTE RESOLUTION PROVISION BELOW, YOU AND FUNDGIVE AGREE THAT DISPUTES BETWEEN YOU AND FUNDGIVE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. THAT MEANS THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY DISPUTE AND THAT YOU WAIVE YOUR RIGHT TO BRING AN ACTION IN COURT BEFORE A JUDGE OR JURY. YOU ALSO WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY-GENERAL ACTION OR ARBITRATION.
You may sign up for a FundGive text message program by texting or other key words FundGive to 8447021439, filling out a form on our website or otherwise providing your consent. You may need to confirm your consent, such as by replying Yes or Y to an initial text message sent to you. When you agree to participate in FundGive text messaging programs, you typically agree to receive recurring messages with information, alerts, and special offers from FundGive. However, there may be programs where FundGive specifies that it will send a certain number or up to a certain number of text messages (for example, if you participate in a promotion or request a coupon code, you may receive a certain number of text messages only related to that promotion or you may only receive one text with the coupon code).
Messages may be in SMS or MMS format and may contain promotional, informational, and/or marketing content. Consent to receive such messages is not required as a condition to purchase any goods or services from FundGive. Message and data rates may apply.
You may stop receiving text messages from us at any time by replying STOP or texting STOP to 8447021439. You will receive one final text message confirming that you have opted out. For additional help, email service@fundgive.com.
By signing up for this program, you represent and warrant that you are the account holder or authorized user of the mobile telephone number associated with your enrollment and are at least 21 years of age or have a parent or guardian's permission in order to participate. If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services. Pre-paid users may not be able to participate - check with your mobile service provider.
If you change your mobile phone number, you agree to promptly notify FundGive of the change. In the event that you change or deactivate your mobile number it is your responsibility to notify FundGive by email at service@fundgive.com to have your number removed.
Additionally, FundGive reserves the right to alter message frequency at any time, i.e., we may change the frequency of texts that you receive under a program. We will notify you via text if we change the frequency and provide you with the opportunity to opt out.
Your participation in an FundGive text message program is subject to our website Terms of Use and Privacy Policy . To the extent of any inconsistency, the terms and conditions in these Terms take precedence.
ARBITRATION/CLASS-ACTION WAIVER/DISPUTE RESOLUTION
Please read this carefully. It affects your rights.
All matters arising out of or relating to the terms and conditions set forth herein, your participation in any FundGive text messaging programs, and any Dispute (as defined below) shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Colorado.
You agree to and shall resolve any dispute, controversy, or claim arising out of or relating to the terms and conditions set forth herein, the purchase of any product or service from us, any and all agreements and policies referenced herein, or the breach, termination or invalidity hereof or thereof (each, a “Dispute”) in accordance with the provisions of this section. The procedures set forth herein shall be the sole and exclusive mechanism for resolving any Dispute that may arise from time to time and these provisions are express conditions precedent to binding arbitration of the Dispute.
Prior to commencing a demand for arbitration under this section, you agree to first attempt in good faith to resolve any Dispute by negotiation and consultation with the Company by sending written notice to the Company at the address set forth herein detailing the nature of the Dispute (“Dispute Notice”). Upon receipt of your Dispute Notice, the Company will attempt to address and resolve the Dispute to our mutual satisfaction. In the event that such Dispute is not resolved on an informal basis within thirty (30) business days after delivery of the Dispute Notice to the Company, either party may commence binding arbitration in accordance with the following terms:
Any Dispute shall be resolved by final and binding arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect by a tribunal of three (3) arbitrators who shall each be independent, disinterested persons selected by AAA.
The arbitral tribunal shall have the sole power to rule on any challenge to its own jurisdiction and all issues regarding arbitrability shall be decided solely by the arbitral tribunal. The place of arbitration shall be Arapahoe County, Colorado. The language of the arbitration shall be English. The claimant shall commence the arbitration by delivering a notice of arbitration to the respondent setting out the nature of the claim(s) and the relief requested. Within thirty (30) days of the receipt of the notice of arbitration, the respondent shall deliver to the claimant its answer and any counterclaim(s), setting out the nature of such counterclaims(s) and the relief requested.
The tribunal may make its decisions by a majority or by the chair if no majority is possible. The tribunal shall have the power to grant any provisional or final remedy or relief that it deems appropriate, including an award of attorneys’ fees.
The parties agree to keep confidential the existence of the arbitration, the arbitral proceedings, the submissions made by the parties and the decisions made by the arbitral tribunal, including its awards to the extent not already in the public domain, except in judicial proceedings related to the award or where required by applicable law.
The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. Nothing in this section shall preclude any party from seeking a preliminary injunction or other provisional relief, either prior to, during or after invoking the procedures in this section, if in its judgment such action is necessary to avoid irreparable damage or to preserve the status quo.
The parties agree to arbitrate solely on an individual basis, and that the terms and conditions hereof do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the tribunal’s power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis.
YOU UNDERSTAND AND AGREE THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION HEREOF AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT, TO HAVE A JURY TRIAL, AND/OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY SUCH DISPUTE.
Notwithstanding anything to the contrary herein, in the event that the foregoing arbitration provisions are deemed invalid or unenforceable, then (i) the remaining portions of hereof will remain in force and effect, and (ii) each of the parties hereto irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against any other party in any way arising from or relating to the terms and conditions hereof and all contemplated transactions, including, but not limited to, contract, equity, tort, fraud, and statutory claims, in any forum other than the federal courts of the United States or the courts of the State of Colorado, in each case, located in Arapahoe County, Colorado, and any appellate court from any thereof. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION
THE SERVICES PROVIDED BY OUR TEXT MESSAGING PROGRAMS AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED IN ACCORDANCE WITH THE NOTICES, TERMS, AND CONDITIONS SET FORTH HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THESE SERVICES AND MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT, OR UP TO DATE. THESE SERVICES AND MATERIALS MAY BE CHANGED FROM TIME TO TIME.
OUR TEXT MESSAGING PROGRAMS ARE OPERATED BY TWILIO ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FUNDGIVE AND ITS PARENT, SUBSIDIARIES, AND AFFILIATES, DIVISIONS, JOINT VENTURES, AND THIRD-PARTY SERVICE PROVIDERS AND EACH OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, ATTORNEYS, AND AGENTS (COLLECTIVELY, THE "FUNDGIVE AFFILIATES") MAKE NO REPRESENTATION ABOUT THE SUITABILITY OR AVAILABILITY OF THE SERVICES OR MATERIALS IN OUR TEXT MESSAGING PROGRAMS FOR ANY PURPOSE AND ALL SUCH SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FUNDGIVE AFFILIATES AND ALL THIRD-PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF OUR TEXT MESSAGING PROGRAMS IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE FUNDGIVE AFFILIATES OR THEIR AGENTS OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR TEXT MESSAGING PROGRAMS, THE MATERIALS IN OUR TEXT MESSAGING PROGRAMS, THE DELAY OR INABILITY TO USE OUR TEXT MESSAGING PROGRAMS, OR OTHERWISE ARISING IN CONNECTION WITH OUR TEXT MESSAGING PROGRAMS, WHETHER BASED ON CONTRACT, TORT, OR STRICT LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT OR TORTIOUS BEHAVIOR.
THE FUNDGIVE AFFILIATES MAKE NO REPRESENTATION THAT CONTENT PROVIDED IN OUR TEXT MESSAGING PROGRAMS IS APPLICABLE TO OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold the FundGive Affiliates harmless from and against any and all claims, actions, demands, losses, damages, liabilities, deficiencies, judgments, interest, awards, penalties, fines, costs and expenses of whatever kind, including attorneys' fees and the cost of enforcing any right to indemnification hereunder, arising from or related to your use of our text messaging programs or your breach or alleged breach of these terms.
SEVERABILITY
If any part of these terms is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms shall govern such use.
CHANGES TO TERMS
These terms and conditions are subject to change at any time. If we make material changes, we may notify active users via a text message sent to the number you used to sign-up for our text message program(s).
FUNDGIVE MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING