Last Updated: July 20, 2021
Anedot, Inc. (“Anedot”, “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, “Organizations”)
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.
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.
You agree and acknowledge the following:
• You must be at least 18 years of age to use the Platform.
• 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 Organizations to which you donate – we simply provide a platform to facilitate donations, but do not endorse any particular Organizations.
• We are not responsible for how Organizations use your donation. We, or certain Organizations, 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 Organizations actually use the donation.
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; or (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.
We may charge Supporters and/or Organizations 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 Organizations). 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 reasonablehold 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.
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. For more information, please go to our DMCA Notification Guidelines at https://anedot.com/DMCA
. If you file a notice with our copyright agent, it must comply with the requirements set forth in 17 U.S.C. § 512(c)(3). 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) in any media and for any purpose whatsoever (including to operate, maintain, improve, and promote the Platform) without attribution or compensation; and (iv) irrevocably waive any claims of moral rights, privacy, publicity, or similar rights 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.
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 controlover, 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.
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.
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.”
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 Delaware, 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 NEW ORLEANS, LOUISIANA. 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 ANEDOT 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@ANEDOT.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.
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.
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 email@example.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.
For more information, please contact us by email at firstname.lastname@example.org
or mail at Anedot, Inc., 1340 Poydras Street, Suite 1770, New Orleans LA 70112.