Terms of Use

Do More 24 Delaware Terms of Use
Last Updated: November 1, 2025

These terms of use are entered into by and between you and Spur Impact Association (“Spur Impact,” “we,” “us,” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of www.degives.org and the Delaware Gives Platform, as well as any other websites operated by Spur Impact using the Delaware Gives Platform that link to this Terms of Use, including any content, functionality, and services offered on or through www.degives.org or such other websites (collectively, the “Platform”), whether as a guest or a registered user, including www.domore24delaware.org. These Terms of Use affect your legal rights, responsibilities and obligations, are legally binding, limit Spur Impact’s liability to you and require you to indemnify us and to settle certain disputes through individual arbitration.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THE PLATFORM:

 

By visiting or otherwise using the Platform or by clicking to “accept” or “agree” to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.degives.org/pages/privacy and www.domore24delaware.org/pages/privacy-dm24, incorporated herein by reference. If you are not eligible, or do not agree to these Terms of Use or the Privacy Policy, then you must not access or use the Platform. 

ARBITRATION NOTICE. EXCEPT AS OTHERWISE DESCRIBED IN SECTION 17 (ARBITRATION AND DISPUTE) BELOW, BY USING THE PLATFORM, YOU AGREE THAT DISPUTES BETWEEN US UNDER THESE TERMS OF USE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1.   Platform Overview. The Platform is designed to allow you to do the following: (a) set up a fundraising campaign with a charitable purpose (“Campaign”) for a nonprofit organization established as such under applicable laws of incorporation (“Charity”); (b) make a monetary donation to a Campaign and Charity (“Donation”); (c) set up a Charity event, such as marathons, walks, rides, and other similar events (collectively, “Event”); and (d) register for an Event. Setting up Campaigns and Events on the Platform are subject to Spur Impact’s approval and guidelines. Through the Platform, Spur Impact facilities Campaigns, Events and any Donations. Spur Impact is not a broker, agent, financial institution or creditor.

2.   Eligibility. The Platform is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Platform, you represent and warrant that: (a) you are of legal age to form a binding contract with Spur Impact and meet all of the foregoing eligibility requirements; (b) you have not previously been suspended or removed from the Platform; and (c) your registration and your use of the Platform is in compliance with any and all applicable laws and regulations. If you are using the Platform on behalf of an entity, organization or company, you represent and warrant that you have authority to bind the entity, organization or company to these Terms of Use and the entity, organization or company agrees to be bound by these Terms of Use. If you do not meet all of these requirements, you must not access or use the Platform.

3.    Accounts and Registration. You may be required to register for an account with Spur Impact in order to access and use certain features of the Platform. If you choose to register for the Platform, you may be required to provide us with some information about yourself or your Charity, such as your name, email address, or other contact information. You agree to provide and maintain true, accurate, current and complete information about yourself or your Charity as prompted by the registration form. You must register using their true identities (or the identities of the Charity’s authorized representatives), including your name and address. You agree to keep registration information current and up to date. These Terms of Use and our Privacy Policy govern registration data and certain other information about you. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your user name, password, or other security information. You agree to notify us at help@degives.org immediately if you believe there is any unauthorized access to or use of your user name or password or any other breach of security. Spur Impact has the right to disable any user name, password, or other identifier, whether chosen by you or provided by Spur Impact, at any time in its sole discretion for any or no reason, including if, in its opinion, you have violated any provision of these Terms of Use.

4.   General Donation and Payment Terms.

4.1    Payments Made by You. The Platform may allow you to make Donations and pay Event registration fees or other transaction fees. You will have an opportunity to review and accept any fees before they are charged. For Donations, you agree that a certain minimum Donation amount may apply. While making a payment, you have the option to cover certain transaction fees at checkout, but this is not required for a Donation unless specified otherwise at checkout. 

 

4.2    Authorization. You authorize Spur Impact to charge all sums for any payments, including Donations and Event registration fees, that you make to the payment method specified. If you make a payment with a credit card, then Spur Impact may seek pre-authorization of your credit card account prior to your payment to verify the credit card is valid and has the necessary funds or credit available for your payment.

 

4.3.    Payments to You. When a Donation or other payment is made on the Service to your Charity, Spur Impact will collect the payments, retain any applicable transaction fees and other specified amounts from the payments, and pay the remainder to the Charity, subject to the terms of this Section 4.3. If the user making the payment does not cover the transaction fee, the transaction fee will be deducted from the payment that the Charity receives. While Spur Impact strives to make the payments available to Charities in a reasonably timely manner, you acknowledge and agree that payments may not be available to the Charity for use immediately, and Spur Impact does not guarantee that payments will be available to the Charity within any specific time frame. Spur Impact expressly disclaims any and all responsibility for any delay in the Charity receiving its payments, and any consequences arising from such delay or inability. Spur Impact may, in its sole discretion, hold payments, initiate a reverse ACH transfer, secure reserves, or take similar actions to protect its interests and those of its users. Some of the reasons that we may take such actions include, but are not necessarily limited to, the following: (i) if we have reason to believe (in our sole discretion) that information provided by you for a Campaign is false, misleading, or fraudulent, or that funds are being used in a prohibited manner; (ii) if we have reason to believe that a Campaign or you as a Campaign organizer have violated these Terms of Use; (iii) if Spur Impact determines that the Campaign or Event is colluding with donors or Event registrants to engage in fraudulent activity; (iv) if we have reason to believe (in our sole discretion) that there may be suspicious or fraudulent Donation activity; or (v) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. When making a Campaign or Event and receiving Donations and other payments, you are responsible for ensuring that the information you provide to Spur Impact in order to process these payments, including your bank account information, is accurate and up to date. Spur Impact may, at any time, for any reason, without notice, and in its sole discretion, offer or issue a refund of Donation(s) with or without consulting with you, which may comprise the entire amount donated to your Campaign. Spur Impact is not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by Spur Impact issuing refunds, including, but not limited to transaction or overdraft fees.

 

4.4.   Event Registration Fees. If you set up an Event, the Platform may permit you to process Event registration fees. If any Event registration fees are processed by the Platform, Spur Impact will collect such fees from the applicable users, retain any applicable processing fees and other specified amounts, and pay the remainder to you. If you use the Platform to process Event registrations, you agree to pay Spur Impact a processor fee for each Event registration. Receipt of Event registration fees, minus any applicable processor fees, is based upon and subject to the credit card processor's terms. If you set up an Event, you are responsible for handling Event registrations. Spur Impact does not withhold funds for tax purposes or otherwise. You as an Event organizer will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies.

 

4.5    Chargeback and Refunds. Occasionally, if you are making a Donation or other payment, you may dispute a credit card charge for it through the Platform. If Donations are refunded to you as a donor by the payment processor and Spur Impact already remitted payment to the Charity, Spur Impact will deduct the chargebacks or refunds from future payments to the Charity, and if necessary, issue an invoice to the Charity. The Charity expressly agrees that it will be responsible for paying Spur Impact the full amount of any Donation refund due to you. Spur Impact may elect to offset a future Donation to the Charity rather than requesting that the Charity return the refunded Donation. For Events, Spur Impact is not responsible for handling or communicating an Event’s refund policy or processing refunds, including without limitation for any errors processing a refund, the failure to provide a refund, the failure of an Event organizer to communicate about a refund, or any chargebacks related to a refund. Event registrants should contact the Event organizer concerning a refund. Event organizers agree to deal exclusively with Event registrants concerning refunds.

 

4.6    Payment Processor. Your Donation or payment for a Campaign or Event, and your receipt of a Donation or payment from a Campaign or Event is based upon and subject to the payment processor's applicable procedures and terms, in addition to these Terms of Use. For example, if we use Stripe (https://stripe.com) to process these payments, Stripe will collect, use, and process your information, including payment information, in accordance with their privacy policy (https://stripe.com/privacy), and Stripe’s terms of service (https://stripe.com/legal/consumer). Spur Impact is not a payment processor.

 

4.7.    Donation Alternatives. Spur Impact, or a third-party partner, will distribute the Donations to the Charities indicated by donors. As required by the Internal Revenue Service (“IRS”), Spur Impact has exclusive legal control over the Donation. In the rare event that a Charity to whom you have chosen to make a Donation does not satisfy these Terms of Use or otherwise (e.g., it has been classified by the IRS as a disqualified supporting organization, it cannot or does not accept Donations, it is not recognized by the IRS as a public charity or it is not in good standing with federal or state regulators), or if the Charity returns its Donation for any reason, you may instruct your Donation to be made to an alternative Charity. If you do not provide instructions, Spur Impact may in its sole discretion select an alternate Charity to receive the Donation or have the Donation allocated to a fund maintained by Spur Impact and used solely for charitable purposes including, but not limited to, mission based activities and grants.

 

4.8.    Taxes. Spur Impact does not withhold funds for tax purposes or otherwise. Charities and Event organizers will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies, or for any applicable taxes based on their net income or gross receipts (if any).

5. Licenses.
 
5.1.    Limited License. Your right to use the Platform and Content (as defined below) is subject to strict compliance with these Terms of Use. Your right to access and use the Platform shall automatically terminate upon any violations of these Terms of Use. Your right to access and use the Platform is non-exclusive, limited, non-transferable, non-sublicensable and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Platform is personal to you, you may not assign nor transfer your right.

 

5.2.    License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, redistribute, publicly display, publicly perform, or create derivative works of the Platform; (b) make modifications to the Platform; or (c) interfere with or circumvent any feature of the Platform, including any security or access control mechanism. If you are prohibited under applicable law from using the Platform, then you may not access and use it. 

 

5.3.    Donor and Registrant Lists; Your Data. If you make a Donation or register for an Event, you shall provide Spur Impact with such information as is required to enable the issuing of an official Donation or payment receipt. This information includes your name, address, email address, Donation or payment amount, date of transaction, transaction identification number and other information that you choose to provide in relation to your Donation or Event registration (collectively, “Your Data”). You hereby grant Spur Impact a worldwide, non-exclusive, royalty-free, irrevocable, perpetual license (with the right to sublicense through multiple tiers) to use Your Data for the following purposes: (i) to provide the Platform, including account administration and processing Donations; (ii) to share with Charities and Event organizers you made a Donation or payment to; (iii) to enforce our agreements; (iv) fraud prevention, safety, security, and compliance with law; (v) to send promotional emails about events and fundraising and other opportunities in which you may be interested; (vi) to respond to third parties including law enforcement requests; (vii) research and analytics; (viii) to customize, adjust, and improve the Platform; and (ix) to develop new services. You acknowledge and agree that, in accordance with the Privacy Policy and the Charity’s and Event organizer’s Privacy Policy, Your Data and the list of those who made a Donation to a Campaign or registered for an Event may be shared with and used by the respective Charity and Event organizer (“Donor and Registrant Lists”). Spur Impact is not responsible, and shall not be liable, for any Charity’s or Event organizer’s use of Your Data. YOUR DATA AND DONOR AND REGISTRANT LISTS ARE PROVIDED “AS IS,” AND SPUR IMPACT MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY DONOR AND REGISTRANT LIST OR ANY INFORMATION CONTAINED THEREIN. By using this Platform and making a Donation or registering for an Event, you consent to the use and disclosure of such Donor and Registrant Lists and Your Data by Charities, Event organizers and Spur Impact as described in this Section 5.3.

 

5.4.    Reservation of Rights Not Granted as to Platform and Content. These Terms of Use and any applicable additional terms include only narrow, limited grants of rights to use and access the Platform and Content (as defined below). No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY SPUR IMPACT AND ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any Content (as defined below) or the Platform for any purpose is prohibited.

 

5.5.    Rights of Others. In using the Platform, you must respect the Intellectual Property and rights of others and Spur Impact. Your unauthorized use of Content may violate the rights of others and applicable laws, and may result in your civil and criminal liability.  If you believe that your work has been infringed via the Platform, see Section 10 below.

6.   Ownership. The Platform and all of its content (“Content”), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by Spur Impact, its licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Platform is the property of Spur Impact, its licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. Spur Impact owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Platform. Except as expressly authorized by Spur Impact, you may not make use of the Content. There are no implied licenses in these Terms of Use and Spur Impact reserves all rights to the Content not granted expressly in these Terms of Use.

7.   Linking to and From the Platform; Third-Party Terms

7.1.    Linking to the Platform and Social Media Features. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. This Platform may provide certain social media features that enable you to (a) link from your own or certain third-party websites to certain Content on the Platform; (b) send emails or other communications with certain Content, or links to certain Content, on the Platform; and (c) cause limited portions of Content on the Platform to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the Content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not (a) cause the Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking and (b) otherwise take any action with respect to the materials on the Platform that is inconsistent with any other provision of these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

 

7.2.   Links to the Platform. The Platform may provide or facilitate links, tools, widgets or other features that allow you to access other sites, services and resources provided by third parties, including Charities, (collectively, “Third-Party Links”). These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over Third-Party Links or any products, services or content made available through or by such Third-Party Links, or the business practices of the third parties providing such Third-Party Links. Spur Impact accepts no responsibility for such Third-Party Links or the products, services or content made available thereby. You acknowledge that Spur Impact is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of the Third-Party Links. You further acknowledge and agree that Spur Impact will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such Third-Party Links. If you decide to access any of the third-party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Links.

 

7.3.    Third-Party Software. The Platform may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Platform is provided to you subject to these Terms of Use, nothing in these Terms of Use prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

8.    Content You Submit 

8.1.    Public Content; Public Display of Information. Some of your activity on and through the Platform is public, such as content you post publicly on the Platform (including descriptions, texts, music, sound, information, data, software, graphics, comments, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Platform or share with other users or recipients) (“User Content”). Additionally, user profile information, including your first and last name, public email address, organization, and other information you enter in connection with your user profile may be displayed to other users on the Platform. For example, if you make a Donation, you have the option to publicly display your Donation for all to see, including to be displayed on the Platform. Please remember that if you choose to provide information using certain public features of the Platform, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our knowledge and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Platform. Please see our Privacy Policy for information on the ways that we may collect, use, and store certain information about you and your use of the Platform. We expect User Content to be appropriate for a general audience, but do not undertake to monitor it, and you consent to potentially encountering Content you find offensive or inappropriate. We may include venue and content rules as additional terms. If you discover any Content that violates these Terms of Use or any applicable additional terms, then you may report it to us at privacy@degives.org.  

8.2.    User Content Transmitted Through the Platform. You must not post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of the User Content, including in all ambient music and underlying musical works embodied in any sound recording. Spur Impact disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Platform. With respect to the User Content, you represent and warrant that (a) you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto; (b) your User Content does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Spur Impact to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate. 

 

8.3.    Limited License Grant to Spur Impact. By uploading, sharing, providing, or otherwise making available any User Content, or any portion thereof, in connection with the Platform, you hereby grant and will grant Spur Impact and its licensors, affiliates and Platform users a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Platform or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. 

 

8.4.    Specific Rules for Photographs and Images. If the User Content is a photograph or image and includes one or more persons, you hereby grant such persons and their administrators, guardians, heirs, and trustees, if any, an irrevocable, perpetual, royalty free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for personal use and through any online platform or service, including the Platform, Facebook, Instagram, and Twitter, but not to promote any third-party product, good, or service. The license contained in this Section 8 does not permit the subject of any photo or their administrators, guardians, heirs, or trustees to sell that image or photograph, whether on a standalone basis or as embodied in any product.

 

8.5.    Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and have granted non-exclusive rights to a Performing Rights Organization (“PRO”), then you must notify your PRO of the royalty-free license you grant through these Terms of Use to Spur Impact. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher or a PRO, then you must obtain the consent of that music publisher or PRO to grant the royalty-free license(s) set forth in these Terms of Use or have that music publisher or PRO enter into these Terms of Use with Spur Impact. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant Spur Impact the licenses in these Terms of Use. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Platform is in compliance with any contractual obligations you have to your record label, including if you create any new recordings through the Platform that may be claimed by your label. Finally, if you wish to perform a cover song and post it to the Platform, you are responsible for securing all rights in and to the underlying musical work before posting your recording or performance of that musical work to the Platform.

 

8.6.    Platform Messaging. The Platform offers a text chatbot feature that enables users to communicate questions or Unsolicited Information (as defined below) related to the Platform to a Spur Impact customer service representative (“Platform Messaging”). Platform Messaging allows users to send text chats and files. All text or other media you send while Messaging shall be considered User Content, as defined in Section 8.1, and shall comply with the conduct set forth in Section 9. Platform Messaging may be subject to the text chatbot provider’s applicable procedures and terms, in addition to these Terms of Use.

 

8.7.    Release; User Content Representations and Warranties. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless Spur Impact and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of Spur Impact in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Platform and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or Spur Impact’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Platform.

 

8.8.    User Content Disclaimer; Monitoring User Content. We do not guarantee that any Content will be made available through the Platform. We reserve the right to, but do not have any obligation to, (a) remove, edit or modify any Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or User Content, or if we are concerned that you may have violated these Terms of Use), or for no reason at all, and (b) to remove or block any Content or User Content from the Platform. You understand that, when using the Platform, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Spur Impact with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms of Use, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Spur Impact does not permit infringing activities on the Platform.

 

8.9.    Unsolicited Information. Please be advised that User Content and other unsolicited information you provide may be publicly accessible. We also collect information through customer support communications, including but not limited to Platform Messaging, your communications to us of ideas for new products or services or modifications to existing products or services, and other unsolicited submissions, or any questions, comments, suggestions, ideas, feedback or other information about the Platform (collectively, “Unsolicited Information”). By sending us Unsolicited Information, (i) you agree that we are under no obligation of confidentiality, expressed or implied, with respect to the Unsolicited Information; (ii) you acknowledge that we may have something similar to the Unsolicited Information already under consideration or in development; (iii) you agree that Spur Impact will be entitled to the unrestricted use and dissemination of the Unsolicited Information for any purpose, commercial or otherwise, without acknowledgment or compensation to you; (iv) you represent and warrant that you have all rights necessary to submit the Unsolicited Information; (v) to the extent necessary, you hereby grant to Spur Impact a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of, any and all Unsolicited Information; and (vi) you irrevocably waive, and cause to be waived, against Spur Impact and its users any claims and assertions of any moral rights contained in such Unsolicited Information.

 

You acknowledge and agree that Spur Impact may preserve Unsolicited Information, as well as User Content, and may also disclose your Unsolicited Information or User Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Spur Impact, the Platform, its users or the public.

 

8.10.    Promotions on the Platform. You are not permitted to offer any promotion on the Platform without our prior written consent. You may seek permission by sending an email to privacy@degives.org. If we consent, you take full responsibility for the promotion, and you agree that: (i) such promotion shall comply with all applicable laws; (ii) you are solely responsible for all facets of the promotion, including without limitation any prizes offered; (iii) you may not use our Intellectual Property in the rules or any other materials relating to the promotion without our express written permission; (iv) such promotion does not require making a Donation as the only way to enter; (v) you are responsible for the marketing of the promotion, and that such promotion is not marketed to anyone under the age of 18; (vi) prizes, rewards, giveaways or incentives are not intended to be items available for purchase; and (vii) such promotion may not endorse, sponsor or promote anything related to gambling, alcohol, illegal or prescription drugs, medical devices, national health products, firearms, pornography, or tobacco. You will include the following provisions within your official rules for any promotion that you choose to publicize on the Platform: (a) Spur Impact does not sponsor or endorse the promotion; (b) Spur Impact does not guarantee the delivery of any reward, incentive or other prize offered by you; (c) each participant or entrant in the promotion releases Spur Impact from any and all liability; and (d) all questions concerning the promotion must be directed to you and not to Spur Impact.

 

8.11.    Third-Party Material Disclaimer. Under no circumstances will Spur Impact be liable in any way for any content or materials of any third parties (including Charities, Campaigns, or other users) or any User Content (including, but not limited to, for any errors or omissions in any User Content), or for any loss or damage of any kind incurred as a result of the use of any such User Content. You acknowledge that Spur Impact does not pre-screen or control User Content, but that Spur Impact and its designees will have the right (but not the obligation) in their sole discretion to monitor User Content and refuse, remove, or allow any User Content that is available via the Platform at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. Spur Impact may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Platform without any liability to the user who posted such User Content to the Platform or to any other users of the Platform.

9.    Prohibited Conduct. You are solely responsible for compliance with all applicable laws in relation to your Campaign, Event, Donation or other use of the Platform. You are further solely responsible for all User Content that you upload, post, publish, display, transmit or otherwise use (hereinafter, “Upload”). You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Use.

 

The following are examples of User Content and/or use that is illegal or prohibited by Spur Impact. This list is not exhaustive and we reserve the right to remove any Campaign, refuse or suspend any Donations or other transactions, and/or investigate any Campaign or Event organizer, donor or other user who, in our sole discretion, violate any of the terms or spirit of these Terms of Use or harm the interests of our users, business partners, the public, or Spur Impact, or that expose you, Spur Impact, or others to risks unacceptable to us. We further reserve the right, without limitation, to ban or disable your use of the Platform, suspend your Campaign or Event, remove the offending User Content, suspend or terminate your account, stop payments to any such Campaign or Event, freeze or place a hold on Donations or other payments, and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our users. We may share any information related to your use of the Platform with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, any Donations you made or received, any Events or Campaigns you set up, and other transactions made through or in connection with your use of the Platform. BY USING THE PLATFORM, YOU AGREE:

 

9.1.    not to use the Platform for any illegal purpose or in violation of any local, state, or international law; 

 

9.2.    not to harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Platform; 

 

9.3.    not to use the Platform to raise funds or establish or contribute to any Campaign or Event with the implicit or explicit purpose of or involving:

 

(a)            the violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound by, including those of payment card providers and transaction processors that you utilize in connection with the Platform;

 

(b)            any election campaigns that are not run by a registered organization within the supported country;

 

(c)             User Content, Campaigns or Events that are fraudulent, misleading, inaccurate, dishonest, or impossible;

 

(d)            drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices, or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm;

 

(e)            knives, explosives, ammunition, firearms, or other weaponry or accessories;

 

(f)              annuities, investments, loans, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;

 

(g)            gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to raffles, casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift cards, or sweepstakes;

 

(h)            User Content that we deem, in our sole discretion, to be in support of hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases;

 

(i)              Campaigns or Events that we deem, in our sole discretion, to be for the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, serious disabilities or diseases, or financial crimes or crimes of deception;

 

(j)              activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;

 

(k)             funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;

 

(l)              pornography or other sexual content;

 

(m)           offensive, graphic, perverse or sensitive content;

 

(n)            collecting payments on behalf of merchants by payment processors or otherwise; including but not limited to self-payments on campaigns or an attempt to bypass or otherwise circumvent the designated method of payment as provided by Spur Impact;

 

(o)            credit repair or debt settlement services;

 

(p)            the receipt or grant of cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the Campaign or Event description;

 

(q)            publication or removal of User Content (such as mug shots), where the primary purpose of posting such User Content is to cause or raise concerns of reputational harm;

 

(r)              aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;

 

(s)             counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;

 

(t)              products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;

 

(u)            unauthorized sale or resale of brand name or designer products or services;

 

(v)             sale of goods or services that are illegally imported or exported;

 

(w)           processing where there is no bona fide Donation accepted; cash advance; card testing; evasion of card network chargeback monitoring programs;

 

(x)             collecting or providing funds for any purpose other than as described in a Campaign or Event description;

 

(y)             any other activity that Spur Impact may deem in its sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature; or

 

(z)             any other activity that Spur Impact may deem in its sole discretion to be unacceptable.

9.4.    not to use the Platform to transmit or otherwise Upload any User Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to Upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or (vi) in the sole judgment of Spur Impact, is objectionable or which restricts or inhibits any other person from using or enjoying the Platform, or which may expose Spur Impact or its users to any harm or liability of any type;

 

9.5.    not to interfere with or disrupt servers or networks connected to, or used to provide, the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to, or used to provide, the Platform;

 

9.6.    not to harvest, collect or publish personal information of others;

 

9.7.    not to use another user's account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Charity, Campaign or Event through the Platform;

 

9.8.    not interfere with or circumvent any security feature of the Platform or any feature that restricts or enforces limitations on use of or access to the Platform; 

 

9.9.    not create any liability for Spur Impact or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;

 

9.10.    not to engage in any conduct that, in Spur Impact’s sole judgment and discretion, restricts or inhibits any other user from using or enjoying the Platform;

 

9.11.    not to gain unauthorized access to the Platform, or any account, computer system, or network connected to the Platform, by any unauthorized or illegal means;

 

9.12.    not to obtain or attempt to obtain any materials or information not intentionally made available through the Platform;

 

9.13.    not to access, search, or otherwise use any portion of the Platform through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Spur Impact;

 

9.14.    not to insert any code or product to manipulate Content in any way that adversely affects any user experience or the Platform;

 

9.15.    not to decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Platform by any means whatsoever or modify any Platform source or object code; 

 

9.16.    not to use the Platform to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the Platform for fundraising activities in accordance with these Terms of Use is expressly permitted;

 

9.17.    not to, on the Platform, engage in advertising or commercial solicitation of any product or service without Spur Impact’s written consent, except that using the Platform for fundraising activities in accordance with these Terms is expressly permitted;

 

9.18.    not to interfere with security-related features of the Platform, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Platform except to the extent that the activity is expressly permitted by applicable law;

 

9.19.    not to interfere with the operation of the Platform or any user’s enjoyment of the Platform, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Platform; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Platform;

 

9.20.    not to undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform; or

 

9.21.    not to sell or otherwise transfer the access granted under the Terms of Use or any right or ability to view, access, or use the Platform and the Content; or 

 

9.22.    not to assist, permit or attempt to indirectly undertake any of the foregoing. 

9.23.    Additionally, with respect to all Donations you make or accept through the Platform, you agree:

(a)            not to make or accept any Donations that you know or suspect to be erroneous, suspicious or fraudulent;

 

(b)            not to use the Platform in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control;

 

(c)             to maintain reasonable and standard security measures to protect any information transmitted and received through the Platform, including without limitation by adhering to any security procedures and controls required by applicable law or by Spur Impact from time to time;

 

(d)            to maintain a copy of all electronic and other records related to Campaigns and Donations as necessary for Spur Impact to verify compliance with these Terms of Use and make such records available to Spur Impact upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and

 

(e)            at Spur Impact’s request, including without limitation in case of investigations by Spur Impact, a payment processing partner, or a regulatory or governmental authority, to fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.

10.    Procedure for Alleging Copyright Infringement

10.1.    Respect of Third Party Rights. Spur Impact respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been used in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Spur Impact of your infringement claim in accordance with the procedure set forth below.

10.2.    DMCA Notification. Spur Impact will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Spur Impact’s Copyright Agent at privacy@degives.org (Subject line: “DMCA Takedown Request”). You may also contact our Copyright Agent by mail at:

 

Spur Impact Association

Attn: DMCA Takedown Request

P.O. Box 25208

Wilmington, DE 19899-5208

 

10.3.    Procedure for Reporting Claimed Copyright Infringement. To be effective, the notification must be in writing and contain the following information:

(a)            an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

 

(b)            a description of the copyrighted work or other intellectual property that you claim has been infringed;

 

(c)             a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it on the Platform;

 

(d)            your address, telephone number, and email address;

 

(e)            a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

 

(f)              a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. 

 
Your notification may be shared by Spur Impact with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to Spur Impact making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.

10.4.    Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to Upload and use the content in your User Content, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:

(a)            your physical or electronic signature;

 

(b)            identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

 

(c)             a statement under penalty of perjury that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

 

(d)            your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

 

If you are submitting a counter-notice, you should consult a lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid counter-notice under the Copyright Act. If a counter-notice is received by the Copyright Agent, Spur Impact will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

 
10.5.    Repeat Infringers. Spur Impact’s policy is to: (a) remove or disable access to material that Spur Impact believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Platform and (b) in appropriate circumstances, to terminate the accounts of and block access to the Platform by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. Spur Impact will terminate the accounts of users that are determined by Spur Impact to be repeat infringers. Spur Impact reserves the right, however, to suspend or terminate accounts of users in our sole discretion.

 

10.6.    False Notifications of Claimed Copyright Infringement or Counter-Notices. The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Spur Impact] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” Spur Impact reserves the right to seek damages from any party that submits a notification of claimed infringement or counter-notice in violation of the law.

11.    Changes to the Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. You agree that we may notify you of new Terms of Use by posting them on the Platform (or in any other reasonable manner of notice which we elect). All changes are effective immediately when we post them, or such later date as specified in the new Terms of Use, and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set out in the below Section 17 (Arbitration and Dispute) will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Platform. Your continued use of the Platform following the posting of new Terms of Use means that you accept and agree to the changes. It is your responsibility to review the posted Terms of Use each time you use the Platform (at least prior to each transaction or submission).  

 

 

12.1.    Term. These Terms of Use are effective beginning when you accept the Terms of Use or first access or use the Platform, and ending when terminated as described in Section 12.2.

12.2.    Termination. If you violate any provision of these Terms of Use, then your authorization to access the Platform and these Terms of Use automatically terminate. In addition, Spur Impact may, at its sole discretion, terminate these Terms of Use or your account on the Platform, or suspend or terminate your access to the Platform, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms of Use at any time by contacting customer service at help@degives.org.

 

12.3.    Effect of Termination. Upon termination of these Terms of Use: (a) your license rights will terminate and you must immediately cease all use of the Platform and (b) you will no longer be authorized to access your account, if applicable, or the Platform. Sections 5,   6, 8.9, 12.3, 13, 15, 16, 17, and 18 will survive these Terms of Use. If applicable, you are solely responsible for retaining copies of any User Content you post to the Platform since upon termination of your account, you may lose access rights to any User Content you posted to the Platform. If your account has been terminated for a breach of these Terms of Use, then you are prohibited from creating a new account on the Platform using a different name, email address or other forms of account verification.

 

12.4.    Modification of the Platform. Spur Impact reserves the right to withdraw, discontinue or modify the Platform, and any service or material it provides on the Platform at any time (including by limiting or discontinuing certain features of the Platform), temporarily or permanently, in its sole discretion without notice. Spur Impact will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, Spur Impact may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users. You should retain copies of any User Content you submit to the Platform so that you have permanent copies in the event the Platform is modified in such a way that you lose access to the User Content on the Platform.

 

13.    Indemnity and Release. As permitted by applicable law, you agree to release, defend (if requested by Spur Impact), indemnify, and hold harmless Spur Impact, its affiliates and licensors, and its and their respective employees, contractors, agents, officers, directors, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (i) your use of the Platform and your activities in connection with the Platform; (ii) your User Content; (iii) your Unsolicited Information; (iv) your connection to the Platform; (v) your violation of these Terms of Use; (vi) your violation, or alleged violation, of the rights of another or of any applicable laws, rules or regulations; (vii) information or material transmitted through your device that infringes, violates or misappropriates any copyright, trademark, trade secret, patent, publicity, privacy or other right of another person; (viii) any misrepresentation made by you; (ix) our use of the information that you submit to us subject to our Privacy Policy; (x) your disputes with other users of the Platform; and (xi) your misuse of Donation funds (collectively, “Claim and Losses”). You will cooperate as fully required by Spur Impact, in the defense of any Claim and Losses. Notwithstanding the foregoing, Spur Impact retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. Spur Impact reserves the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Spur Impact. This Section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law. If you are a California resident, you waive California Civil Code Section 1542, which says: “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.” If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.

 

14.    Representations and Warranties by You. If you set up a Campaign or Event on the Platform to raise funds for a Charity, you represent, warrant and covenant that: (i) you are a representative of the Charity, which representative is authorized to raise funds or bind the Charity to these Terms of Use; (ii) you are raising funds for the Charity, with a cause or activity that is legal under all applicable, federal, state, territorial and local laws and regulations; (iii) all donated funds will be used solely for the purpose you have stated on and in connection with your Campaign or Event, and under no circumstances may you use the funds for any other purpose; (iv) you will comply with all relevant and applicable policies from Spur Impact, laws, and financial reporting obligations, including but not limited to laws and regulations relating to registration, tax reporting, political contributions, and asset disclosures for your Charity; (v) your Charity has and will maintain tax-exempt status under applicable law, including the Internal Revenue Code in the United States; and (vi) your Charity has provided to Spur Impact all required information relevant to your Charity’s tax status. Additionally, you, as a Campaign or Event organizer, represent, warrant, and covenant that: (a) all information you provide in connection with a Campaign or Event is accurate, complete, and not likely to deceive reasonable users; (b) all Donations and payments contributed to your Campaign or Event will be used solely for the Charity as described in the materials that you post or otherwise provide; (c) you will not infringe the rights of others; and (d) to the extent you share with us any personal information of any third party for any purpose, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal information and allow us to use such personal information for the purposes for which you shared it with us. You authorize Spur Impact to, and Spur Impact reserves the right to, provide information relating to your Campaign or Event to donors and Event registrants, to the Charity, or to law enforcement, and to assist in any investigation thereof.

15.   Disclaimers; No Warranties by Spur Impact

15.1.    THE PLATFORM AND ALL CONTENT AVAILABLE THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. SPUR IMPACT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PLATFORM AND ALL CONTENT AVAILABLE THROUGH THE PLATFORM, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. SPUR IMPACT DOES NOT WARRANT THAT THE PLATFORM OR ANY PORTION OF THE PLATFORM, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE PLATFORM, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND SPUR IMPACT DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. 

 

15.2.    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PLATFORM OR SPUR IMPACT OR ANY CONTENT AVAILABLE THROUGH THE PLATFORM WILL CREATE ANY WARRANTY REGARDING SPUR IMPACT OR THE PLATFORM THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SPUR IMPACT DISCLAIMS ANY AND ALL LIABILITY OF CHARITIES, CAMPAIGNS, AND EVENTS OFFERED ON THE PLATFORM. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE PLATFORM AND YOUR DEALING WITH ANY OTHER USER OR ATTENDANCE OF AN EVENT. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE PLATFORM, INTERACT WITH OTHER USERS, MAKE DONATIONS AND PAYMENTS, AND REGISTER FOR AND ATTEND EVENTS AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY PERSONAL INJURY, DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

 

15.3.    WE DO NOT GUARANTEE THAT THE STATUS OF ANY CHARITY ON THE PLATFORM IS A NONPROFIT ORGANIZATION UNDER APPLICABLE LAWS. WE DO NOT GUARANTEE THAT A CAMPAIGN WILL OBTAIN A CERTAIN AMOUNT OF DONATIONS OR ANY DONATIONS AT ALL. WE DO NOT AND CANNOT CERTIFY THAT INFORMATION SUPPLIED BY A USER SETTING UP A CAMPAIGN OR EVENT IS ACCURATE, NOR DO WE REPRESENT OR GUARANTEE THAT DONATIONS WILL BE USED IN ACCORDANCE WITH ANY FUNDRAISING PURPOSE DESCRIBED BY A CAMPAIGN OR EVENT, OR IN ACCORDANCE WITH APPLICABLE LAWS. YOU, AS A DONOR, MUST MAKE THE FINAL DETERMINATION AS TO THE VALUE AND APPROPRIATENESS OF CONTRIBUTING TO ANY CAMPAIGN OR PARTICIPATING IN ANY EVENT. SPUR IMPACT MAKES NO REPRESENTATION AS TO WHETHER ALL OR ANY PORTION OF YOUR DONATIONS, INCLUDING, IF ANY, TRANSACTION FEES, ARE TAX DEDUCTIBLE OR ELIGIBLE FOR TAX CREDITS. YOU SHOULD CONSULT YOUR FINANCIAL, LEGAL, TAX, OR OTHER PROFESSIONAL ADVISOR AS APPROPRIATE WHEN USING OR MAKING A DONATION ON THE PLATFORM. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised very seriously. Please contact us at help@degives.org if you suspect fraudulent activity or misuse of funds on the Platform. 

 

15.4.    THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 15 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Spur Impact does not disclaim any warranty or other right that Spur Impact is prohibited from disclaiming under applicable law.

16.    Limitation of Liability

16.1.    TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SPUR IMPACT, ITS AFFILIATES OR ITS LICENSORS AND ITS AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATING TO YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

16.2.    EXCEPT AS PROVIDED IN SECTION 17 AND TO THE FULLEST EXTENT PROVIDED BY LAW, THE AGGREGATE LIABILITY OF SPUR IMPACT, ITS AFFILIATES OR ITS LICENSORS AND ITS AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO US$100.

 

16.3.    THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

16.4.     EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS OF USE. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

17.    Arbitration and Dispute

 

17.1.    Generally. Except as described in Section 17.2 and 17.3, you and Spur Impact agree that every dispute arising in connection with these Terms of Use, the Platform, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms of Use. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator. 

 

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND SPUR IMPACT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

17.2.    Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

17.3.    Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section within 30 days after the date that you agree to these Terms of Use by sending a letter to Spur Impact Association, Attention: Legal Department – Arbitration Opt-Out, P.O. Box 25208, Wilmington, DE 19899-5208 that specifies: your full legal name, the email address associated with your account on the Platform, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Spur Impact receives your Opt-Out Notice, this Section 17 will be void and any action arising out of these Terms of Use will be resolved as set forth in Section 18.2. The remaining provisions of these Terms of Use will not be affected by your Opt-Out Notice.

 

17.4.    Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the JAMS under the rules applicable to consumer disputes (collectively, “JAMS Rules”) as modified by these Terms. The JAMS Rules and filing forms are available online at www.jamsadr.com, by calling the JAMS at +1-800-352-5267 or by contacting Spur Impact. 

 

17.5.    Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Spur Impact’s address for Notice is: Spur Impact Association, P.O. Box 25208, Wilmington, DE 19899-5208. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Spur Impact may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms of Use, Spur Impact will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if Spur Impact has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the JAMS Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules and the other party may seek reimbursement for any fees paid to JAMS.

 

17.6.    Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the JAMS Rules in the county (or parish) of your billing address. During the arbitration, the amount of any settlement offer made by you or Spur Impact must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

 

17.7.    Arbitration Relief. Except as provided in Section 17.8, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Spur Impact before an arbitrator was selected, Spur Impact will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.

 

17.8.    No Class Actions. YOU AND SPUR IMPACT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Spur Impact agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

17.9.    Modifications to this Arbitration Provision. If Spur Impact makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Spur Impact’s address for Notice of Arbitration, in which case your account with Spur Impact will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

 

17.10.    Enforceability. If Section 17.8 or the entirety of Section 17 is found to be unenforceable, or if Spur Impact receives an Opt-Out Notice from you, then the entirety of Section 17  will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 18.2 will govern any action arising out of or related to these Terms of Use.

18.    Miscellaneous

18.1.    General Terms. No waiver by Spur Impact of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Spur Impact to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. Use of Section headers in these Terms of Use is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms of Use the use of the word “including” means “including but not limited to.”

 

18.2.    Governing Law. These Terms of Use and any other claim brought by you against Spur Impact or by Spur Impact against you pursuant to this Section, or otherwise related to the Platform, User Content, or any related services or products, will be governed by, construed, and resolved in accordance with, the laws of the State of Delaware, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. You and Spur Impact submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New Castle County, Delaware for resolution of any lawsuit or court proceeding permitted under these Terms of Use.

 

18.3.    Assignment. You may not assign or transfer these Terms of Use or your rights under these Terms of Use, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms of Use and all rights granted under these Terms of Use, including with respect to your User Content, at any time without notice or consent.

 

18.4.    Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform.

 

18.5.    No Support. We are under no obligation to provide support for the Platform. In instances where we may offer support, the support will be subject to published policies.

 

18.6.    Geographic Restrictions. The owner of the Platform is based in the State of Delaware in the United States. We provide this Platform for use only by persons located in the United States. We make no representations that the Platform is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

18.7.    Communications. We may send you emails concerning the Platform, including, but not limited to, information related to your Donations, Campaigns, Events and other Campaigns or Events that may be of interest to you, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

 

18.8.    Your Comments and Concerns. The Platform is operated by Spur Impact Association, P.O. Box 25208, Wilmington, DE 19899-5208. All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: privacy@degives.org.