Site Terms and Conditions

Last revised on: 29 September 2020

GoFundraise LLC (referred to in this document as "us", "we", "our", “GFR” etc.) is the owner and operator of the www.gofundraise.com and www.gofundraise.org websites, an online fundraising platform for Nonprofit organizations. These Terms of Use (“Terms”) apply to the www.gofundraise.com and www.gofundraise.org websites, any subdomains and any other website or webpages we own or operate that include a link to these Terms (together, the "Site"). These Terms apply to all users of the Site and services in whatever capacity, including non-registered users, users with a registered account, donors, campaign organizers, and nonprofits. By accessing, using or registering an account with the Site, or by using any of our services offered through the Site, you agree to be bound by these Terms.

Updates To These Terms

1. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time. If we do this, we will post the changes on this page and indicate the date of the latest revision at the top of this page. We shall also endeavour to notify you, either by email, through the Site user interface, or other reasonable means. All such changes shall become effective immediately when they are posted. Your continued use of the Site and/or services. If you do not wish to use the Site or services in accordance with the Terms, then you should immediately discontinue using the Site or service. Continued use constitutes your acceptance of the new Terms.

Status of Platform and Disclaimers

2. The Site and the services offered are a platform; we are not a broker, financial institution, creditor or charitable institution. The services and Site are an administrative platform only. GFR facilitates donation transactions between Donors and Nonprofits, but is not a party to any agreement between a Donor and a Nonprofit or Campaign Organizer. GFR has no control over the conduct of, or any information provided by, a Campaign Organizer or a Nonprofit, and GFR hereby disclaims all liability in this regard to the fullest extent permitted by applicable law
3. GFR does not guarantee that a campaign or a Nonprofit will obtain a certain amount of donations or any donations at all. We do not personally endorse any campaign, Campaign Organizer, or Nonprofit, and we make no guarantee, explicit or implied, that any information provided through the services or Site by any user is accurate. We expressly disclaim any liability or responsibility for the success of any campaign, or the outcome of any fundraising purpose. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any campaign, Campaign Organizer, or Nonprofit.
4. We do not and cannot verify the information that Campaign Organizers supply, nor do we guarantee that the donations will be used in accordance with any fundraising purpose prescribed by a Campaign Organizer or Nonprofit. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws; such responsibility rests solely with the campaign Organizer or Nonprofitcharity, as applicable. While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Campaign Organizeror Nonprofit is not raising or using the funds for their stated purpose, please alert us as immediately.
5. GFR reserves the right to modify, suspend or discontinue, temporarily or permanently, the Site and/or our services (or any part thereof). We will endeavor to provide notice of any such modification, suspension or discontinuance. You agree that, to the extent permitted by law, GFR is not liable to you for any modification, suspension or discontinuance of the Services in accordance with these Terms.

Registration

6. You may be required to register with GFR in order to access and use certain features of the Site and our services. If you choose to register, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services' registration form. Campaign Organizers must register using their true identities, including their name and any image or video purporting to depict the Campaign Organizer.
7. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under the age of majority in your jurisdiction (typically 18 or 19 years of age), you may use the Site and our services, with or without registering, only with the approval of your parent or guardian.
8. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify GFR of any unauthorized use of your password or account or any other breach of security and ensure that you sign out from your account at the end of each session when accessing the Site. GFR is not liable for any loss or damage arising from your failure to comply with these requirements.

Third-party Payment Providers

9. Certain aspects of our Site or services may require you to register with, and agree to the terms of, third-party service providers (e.g. payment processors) in order to utilize the services. For example, Stripe is one of GFR’s payment processing partners. When you use Stripe’s services, your right to use such services is strictly confidential for the purpose you provide in the details of your registration. You may not resell, hire, or on any other basis, allow third parties to use the payment services to enable such third parties to be paid for their services. You may not use the payment services for any different purpose than as registered with our application. GFR reserves the right to suspend or terminate your access to the Site or our services immediately. Further, services may be suspended and/or terminated with immediate effect and fines may be applied by credit card agencies and/or authorities will be payable by you.
10. GFR will assist you in using our authorised third-party payment processing services; you understand and agree to Stripe or other third-party payment providers to provide GFR with access to your data and settings in their systems, and authorize us to manage these on your behalf, and authorise us to exchange your information with the providers for the purpose of facilitating the provision of the Site and our services. Where any information consists of your personal information covered by our Privacy Policy, it shall only be shared in accordance that Policy.
11. While we facilitate your registration and access to our third-party payment partners, we are not a party to your relationship with any partner and disclaim any responsibility or liability for their performance.

Ownership; Intellectual Property

12. The technology and software underlying the Site and services or distributed in connection with it are the property of GFR, our affiliates and our partners (the "Software").
13. You acknowledge and agree that the Site and services may contain content or features ("Site Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. You understand and agree that your use of the Site, services, or Site Content in no way gives you a right, title, or interest in the Site, Site Content or our intellectual property.

14. The GoFundraise name and logos are trademarks and service marks of GFR (collectively the "GoFundraise Trademarks"). Other company, product, and service names and logos used and displayed via the Site and services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to GFR. Nothing in these Terms or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the GoFundraise Trademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of the GoFundraise Trademarks will inure to our exclusive benefit.

    GFR 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: support@gofundraise.com (Subject line: "DMCA Takedown Request").

Acceptable Use; Prohibited Activities

15. You agree to use the Site and the features and services provided through the Site only as they are obviously intended to be used. All other uses are strictly prohibited.
16. Except as expressly authorized by GFR, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site, the services or Site Content, in whole or in part, except that the foregoing does not apply to your own uploaded user content that you legally upload to the Site.
17. You agree that in connection with your use of the Site and our services, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by GFR from accessing the Site or the services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking. Any use of the Site, services or Site Content other than as specifically authorized herein is strictly prohibited.
18. You agree not to (or cause or enable anyone to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by GFR

User Content

19. In relation to all content, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Site or share with other users or recipients, you represent and warrant that 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 same, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto.
20. By uploading any of the above, you hereby grant and will grant GFR and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use same in connection with the operation of the Site or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
21. Further, if any person (other than you) appears in your uploaded content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of GFR in a manner fully consistent with the licenses, waivers and releases set forth above.
22. Under no circumstances will GFR be liable in any way for any content or materials of any third parties (including users, Nonprofits and Campaign Organizers), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that GFR does not pre-screen content. GFR reserves the right to remove or alter any content or materials from third parties at its sole discretion, including the right to remove any content that violates these Terms or is deemed by GFR, in its sole discretion, to be otherwise objectionable.

Third-Party Websites and Services

23. The Site may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the Internet. GFR has no control over such sites, services and resources and GFR is not responsible for and does not endorse such sites, services and resources. You further acknowledge and agree that GFR 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 use of or reliance on any content, events, goods or services available on or through any such site, service or resource. Any dealings you have with third parties found while using the Site are between you and the third party, and you agree that GFR is not liable for any loss or claim that you may have against any such third party

General User Warranties

24. By accessing, using, or registering with the Site or accessing our services you represent, warrant, and irrevocably covenant that:
    1. You have the authority to enter into these Terms;
    2. Your decision to enter into these Terms and your use of the Site will not violate any applicable law, regulation, or ordinance;
    3. Your decision to enter into these Terms and your use of the Site will not infringe the rights of any third parties;
    4. You will at all times supply truthful and accurate information to us and you will not misrepresent yourself to the public through your use of the Site;
    5. You will never use the Site, or any services we provide to you, in a manner that violates the law or the legal rights of a third party; and
    6. You are at least 13 years of age if you are using the Site and have the consent of a parent or legal guardian if you are under 18 years of age.

Additional Policies

25. Privacy Policy. We take your privacy seriously. Please see our detailed Privacy Policy for more information on how we store, protect, use and disclose your information. By using the Site, you consent to our collection and use of personal data as outlined in this Policy.

26. Standards of Conduct.You agree to abide by our Standards of Conduct, which are material terms of your use of the Site. You may view our Standards of Conduct in full by clicking here.

International Use

27. This Site is not intended for use by Nonprofit organizations organized under the laws of countries other than those of the United States of America. You represent, warrant, and irrevocably covenant that you will refrain from making financial transactions through the Site if you (i) are located in a country embargoed by the United States or (ii) are on the U.S. Treasury Department's list of Specially Designated Nationals. If you choose to use this Site, you are solely responsible for compliance with all applicable local laws and you consent to having your data transferred, processed, and stored in the United States, and, in some cases, Australia

Fees

28. Nonprofits pay us a subscription fee and a servicefee to use the Site. Fees are set out on the pricing page (available here) and are governed by the terms of a separate Subscription Agreement.

Taxes

29. You understand that the party you transact with through the Site is the one that sets the tax language in any receipt you receive. We make no representations about the nature of any transaction you make through the Site. It is your responsibility to determine what, if any, taxes apply to any donations you receive through your use of the Site. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority. Always consult the organization you are transacting with and a qualified financial advisor prior to claiming a deduction on your taxes.

Disclaimer of Warranties

30. YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GFR AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
31. GFR AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT (I) THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

32. NEITHER WE NOR OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, WILL BE LIABLE TO YOU FOR SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING LOST REVENUES OR PROFITS, OR LOSS OF GOODWILL), REGARDLESS OF THE CAUSE, LEGAL THEORY, OR CAUSE OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE LIKELIHOOD THEREOF. OUR AGGREGATE LIABILITY, TOGETHER WITH THE LIABILITY OF OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF THESE TERMS AND YOUR USE OF THE SITE (WHEN AGGREGATED WITH ALL OTHER CLAIMS AGAINST US ARISING OUT OF THIS AGREEMENT AND YOUR USE OF THE SITE), REGARDLESS OF THE TYPE OF CLAIM(S) OR THE NATURE OF THE CAUSE(S) OF ACTION, WILL NOT EXCEED THE GREATER OF (I) ONE HUNDRED U.S. DOLLARS ($ 100) OR (II) THE NET AMOUNT WE HAVE BEEN PAID FROM TRANSACTION FEES ARISING FROM TRANSACTIONS YOU HAVE MADE THROUGH THE SITE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM(S). YOU ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN WE HAVE REACHED AND THAT THEY WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Release of Claims; Indemnification

33. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, YOU AGREE TO RELEASE, INDEMNIFY ON DEMAND AND HOLD GFR AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS AND AGENTS HARMLESS FROM ANY FROM ANY AND ALL LOSSES, DAMAGES, EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, COSTS, AWARDS, FINES, DAMAGES, RIGHTS, CLAIMS, ACTIONS OF ANY KIND AND INJURY (INCLUDING DEATH) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SITE, OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY DONATION OR CAMPAIGN, ANY CONTENT UPLOADED BY ANY USER, ANY DONATION OR CAMPAIGN, YOUR ACCESS TO THE SITE AND SERVICES, YOUR VIOLATION OF THESE TERMS OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS:

    "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

    IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION—IN OR OUTSIDE OF THE UNITED STATES—YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.

Types of Beneficiaries on the Platform

34. If donating, fundraising or registering on the GFR platform you will have the option to select a beneficiary. Some beneficiaries are registered directly on the platform and others are available via our partner CAF America

35. Donor Advised Fund (DAF) Beneficiaries through CAF America. Donations will be automatically deposited, less our Fees to the GoFundraise Fund at CAF America in the name of the Grantee. By donating to the DAF for CAF America you are agreeing to the following:
    1. I understand that my gift to CAF America becomes the property of CAF America and that CAF America has ultimate control, authority and discretion with regard to its assets. All grants made by CAF America are in its sole and independent discretion.
    2. I confirm that I will receive no tangible benefit or privilege from either CAF America or any suggested Nonprofit in return for my donation.
    3. I understand CAF America will charge a small 3% fee (or less) for administering the donation/grant.

36. Direct Beneficiaries. Donations will be automatically deposited, less our Fees to the Beneficiaries account or in some instances our Fees may be billed separately. GoFundraise is not responsible for the use of the funds by a Beneficiary. Direct beneficaries may have their own rules and codes of conduct and by fundraising or registering for one of these beneficiaries you are agreeing to abide by their conditions. At the request of the Beneficiary pages may be taken down, registrations and donations refunded. GoFundraise is not responsible for ensuring your conduct is compliant.

Regular Giving Payments

37. Regular Giving is a functionality that provides Users the opportunity to schedule regular donations. A User can modify the amount and frequency of a Regular Giving payment up to 72 hours prior to a scheduled payment. The User may update this information through the 'My Donations & Purchases' area, located under 'My Account'. The minimum regular giving payment is $ 5.00 USD.
38. A user can cancel their Regular Giving donation at anytime through their GoFundraise User Account (see How to cancel a Regular Giving donation). Cancellations take up to 7 working days to take effect. Any payment that occurs before this time cannot be cancelled and will not be refunded by GoFundraise. Users will be notified via email that your payment has been cancelled. It is the Users responsibility to ensure that cancellations have been made, if you do not receive a confirmation within 7 days please contact GoFundraise Customer Care.

Credit card payments

42. Any donation, purchases or other transactions made through the Platform by a User inserting that User’s credit card details is final and not disputable. Where there has been an unauthorised use of a User’s credit card, and the unauthorized nature of that use is proved on the balance of probabilities, then the donation will be refunded unless it has already been credited to the relevant Beneficiary.

Credit card payments

43. Any donation, purchases or other transactions made through the Platform by a User inserting that User’s credit card details is final and not disputable. Where there has been an unauthorised use of a User’s credit card, and the unauthorized nature of that use is proved on the balance of probabilities, then the donation will be refunded unless it has already been credited to the relevant Beneficiary.

Suspension and Termination of Account

44. You agree that GFR, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Site and remove and discard any content within the Site under reasonable circumstances, including, without limitation, for lack of use or if GFR believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Site, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Site under any provision of these Terms may be effected without prior notice, and acknowledge and agree that GFR may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site where such deactivation or deletion is permitted under these Terms. Further, you agree that GFR will not be liable to you or any third party for any termination of your access to the Site.

User Registration

45. You may use the platform anonymously without registering. When you do this some information such as your IP address, location and site usage may be collected.

46. You may also register Your details and be added to the Platform database.

    Acceptance of your registration and the continuation of it will be subject to these Terms and the GoFundraise

General Terms

47. Attorney’s Fees. If a dispute arises out of these Terms or your use of the Site then the prevailing party in any litigation will be entitled to recover all costs and expenses (including reasonable attorney's fees) incurred as a result of that litigation
48. No Joint Venture; Independent Contractors. These Terms do not create, and shall not be construed to create, a joint venture, partnership, or other formal business relationship between you and us. At all times we shall remain independent contractors with respect to one another.
49. No Assignment. You have neither the right nor the power to assign your rights under these Terms. Any purported assignment of your rights under these Terms will be null and void.
50. Severability. If any provision of the Terms is found to be unenforceable, invalid, or illegal by a court of competent jurisdiction, this finding shall not render any other provision of the Terms unenforceable, invalid, or illegal. We both agree that the court will have the authority to modify or replace the unenforceable, invalid, or illegal provision with a valid and enforceable provision that most closely represents our intentions with respect to the invalid, illegal, or unenforceable provision.
51. No Waiver. Any delay on your part, or on our part, to exercise a right or power granted under these Terms will not be construed as a waiver of such right or power. All waivers must be in writing and a waiver of any particular breach will not be construed as a waiver of any other breach, or any succeeding breach.
52. Survival. The provisions of the sections of these Terms titled "Intellectual Property," "Liability," and "General" will survive termination.
53. Headers. The headers contained within these Terms are for convenience of reference only. They should not be interpreted to modify the plain meaning of the various provisions of these Terms.
54. Entire Agreement. These Terms contain the entire agreement between you and us, they are a complete integration of our agreement and supersede and displace any earlier or contemporaneous written or oral negotiations, statements, or agreements purporting to deal with the subject matter hereof.