Do Good Points

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You need to enable JavaScript to run this app. <ul> <li>Take Action</li> <li>How It Works</li> <li>About Us</li> </ul>Log InSign upLog inTerms &amp. ConditionsDate of Last Revision: November 30, 2020<ul> <li> Overview </li> <li> Access and Use of the Services </li> <li> Prohibited Conduct </li> <li> Intellectual Property Rights </li> <li> Third Party Websites/Services </li> <li> Indemnity and Release </li> <li> Disclaimer of Warranties </li> <li> Limitation of Liability </li> <li> Legal Disputes </li> <li> Termination </li> <li> User Disputes </li> <li> General </li> <li> Privacy Policy </li> <li> Refund Policy </li> <li> Fraud Policy </li> <li>Privacy Policy</li> </ul> Welcome to the web site or mobile application (as the case may be) (collectively, the "Platform") of Do Good Points (including its subsidiaries, affiliates, agents, and service providers, collectively, "Do Good Points," “DGP”, "we," "us," and/or "our"). This Platform is operated by Do Good Points and its charitable entity Do Good Points Foundation and has been created to provide information about our company, our online platform designed to permit users to donate via earned points to charities, non-profits, and organizations of their choice, and our related services (together with the Platform, the "Services") to our Services users and visitors ("you," and/or "your"). Except as provided below, this Privacy Policy describes and governs how we collect, use, share and protect data collected from users of or visitors to the Platform. Subject to these Terms of Service, as amended from time to time (“Terms of Service”), Do Good, Inc. provides the Do Good Points platfccorm to you through its website at www.dogoodpoints.com and attendant mobile site (the "Do Good Points Platform") and related services (collectively, the Do Good Points Platform, including any new features and applications, the "Do Good Points Services"). If you are a charity, comment contributor, campaign initiator or donor (collectively referred to herein as a “User”, “you”, “your” and other similar terms) located in the United States, you are contracting with Do Good, Inc., PO Box 193446, San Francisco, CA, 94119. Currently, Do Good Points is not available to Users outside of the United States, but this feature is coming soon. Unless specifically indicated otherwise, for purposes of the following Terms of Service, “Do Good Points,” “DGP,” “we,” “us,” “our,” and other similar terms, shall refer to the party with whom you are contracting. ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE DO GOOD POINTS SERVICES, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. When we do this, we will post the revised Terms of Service on this page and will indicate the date of such revision. Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service. To the extent allowed by law, the English version of these Terms of Service is binding and other translations are for convenience only. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services. In addition, when using the Services, you will be subject to additional applicable policies including without limitation, thePrivacy Policy. All such terms are hereby incorporated by reference into these Terms of Service (provided, however, these Terms of Service will take precedence in the event of conflict). We shall resolve any such conflicts in our sole discretion, and all of our determinations are final.1. ACCESS AND USE OF THE SERVICES Do Good Points Services Description: The Do Good Points Services are offered as a platform to allow Do Good Points Platform to accept monetary donations ("Donations") from donors ("Donors") in support of Charities (“Charity”), Campaigns (“Charitable Campaigns”) and other social Cause-Based Funds (“Cause Funds”). Campaign Organizers also have the option to post a Campaign that does not accept Donations but rather focuses on raising general public awareness to their particular organization or related-cause. The Do Good Points Services posts specific Cause Fund that may or may not accept Donations which benefit charities related to those causes, which are specially curated with high-impact, cost-effective, and evidence-based organizations and projects. Do Good Founation Description: The Do Good Points Foundation DBA Do Good Foundation (DGF) is the nonprofit, tax exempt entity of Do Good Points. DGF was created to maximize the impact of Donations by way of Return on Giving (“ROG”). All Donations received through DGF are reinvested into growing cause awareness and cause engagement for our charities, to then increase our User base and subsequently engagement and Donations. DGF is in the process of securing tax exempt status as outlined in 501(c)(3) of the Internal Revenue Service Code and the laws of California. Payment Processor: Do Good Points is not a payment processor. Instead, DGP uses third-party payment processing partners to process Donations for a Campaign (“Payment Processor”). You acknowledge and agree that the use of Payment Processors are integral to the Services and that we exchange information and personal data with Payment Processors in order to facilitate the provision of Services. Payment Processor Fees: Although there are no fees to set up a Campaign or contribute to a Campaign, industry-standard payment processor fees apply (hereinafter and on the website referred to as "Payment Processor Fees"). To learn more about the DGP Platform and applicable Payment Processor Fees for each, visit our How It Works page. The Do Good Points Services are platforms. We are not a Broker, Financial Institution, Creditor or Charity: The Services are administrative platforms only to allow individuals to contribute monetary donations through Do Good Points platform and to request that Do Good Points Foundation or a third party donor advised fund (“Fund”) to contribute specified amounts to one or more charitable organization. Do Good Points facilitates the Campaign of the Campaign Organizers and permits Donors to make donations to these Campaign Organizers. Do Good Points is not a broker, agent, financial institution, creditor or 501(c)(3) nonprofit corporation. Only Do Good Foundation is a registered 501(c)(3) nonprofit organization. Do Good Points does not provide financial, legal, tax or other professional advice. Before making any decisions regarding charitable donations, you should consult with your financial, legal, tax or other professional advisors as appropriate. You acknowledge that all information and content accessed by you using the Do Good Points Services and site is at your own risk. You, as a donor, must make the final determination as to the value and appropriateness of contributing to a Charity. All donations are at your own risk, and you are responsible for understanding how your money will be used and the tax treatment of such donations. Although there are not fees to register for the Do Good Points Services, industry standard transaction fees will be deducted and any applicable tip or fee you provide in addition to the donation will be deducted from the total donation amount. By using the Services, you understand and agree that Do Good Points shall not be responsible for the use of your donations or the amount of funds raised for the Charity, Campaign, or event. All information and content provided by Do Good Points relating to the Services is for informational purposes only, and Do Good Points does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content, whether Do Good Points or third party content, is intended to provide financial, legal, tax or other professional advice. Do Good Points has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Campaign will obtain a certain amount of Donations or any Donations at all. We do not endorse any Campaign, User, or cause and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Campaign. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Charity, Campaign, Fund or event. Prohibited Countries Policy and Foreign Trade Regulation - Applications: Do Good Points applications, Services or their underlying technology may not be downloaded to or exported or reexported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo. (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List. and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. Legal Compliance: When using Do Good Points, you are responsible for complying with foreign and domestic trade regulations, charity and non-exempt taxation laws and all other applicable foreign and domestic laws. Donors: All Donations are at your own risk. When you make a Donation through either of the Platforms, it is your responsibility to understand how your money will be used. Do Good Points does not provide any offers, promises, rewards or promotions in exchange for Donations. Do Good Points is not responsible for any offers, promises, rewards or promotions made or offered by Charities, Campaigns, traffic partners or any third-party applications independently outside of the Do Good Points Platform. While we perform due diligence on Charities posted on the Do Good Points Platform and only partner with legally registered 501(c)(3) nonprofit organizations, we do not and cannot verify the information that Charities or Campaigns supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a Charity or Campaign or in accordance with applicable laws. <ol> <li>Donors are not permitted to impose restrictions on the use of Donations by a Charity or Campaign Organizer. To the extent that a Donation is made in response to an appeal for a particular program of a Charity or Campaign Organizer, or to the extent that a Donor purports to direct the use of Donations by a Charity or Campaign Organizer, any such directions shall constitute non-binding recommendations only and the Charity or Campaign Organizer shall have full discretion to determine how all Donations will be used.</li> <li>Do Good Points makes no representation as to whether all or any portion of your Donations, including, if any, Payment Processor Fees, are tax deductible or eligible for tax credits. Do Good Points will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you, any User or any Charity. You should consult your tax advisor as to the amount of your Donation that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction, and, if applicable, if you are awarded a gift or prize in connection with your Donation.</li> <li>Donors shall provide Do Good Points with such information as is required to enable the issuing of an official Donation receipt. Donor acknowledges and agrees that, in accordance with the Privacy Policy, certain of Donor’s personal information will be shared with the Charity to which such Donor makes a donation (including without limitation as part of a Donor List, as set forth above) and may be used by such Charity in accordance with the Charity’s Privacy Policy. Do Good Points is not responsible, and shall not be liable, for any Charity’s use of any Donor information.</li> </ol> Do Good Points cannot prohibit minors from visiting and using Do Good Points Services. We must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or donate to a charitable organization. Do Good Points requires that all donations be made either: (i) by individuals 18 years of age or older, or (ii) by minors under 18, with express parental permission. EACH TIME YOU DONATE TO AN ORGANIZATION THROUGH DO GOOD POINTS, YOU ARE REPRESENTING TO US THAT YOU ARE EITHER (I) AN INDIVIDUAL 18 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 18 WHO IS DONATING WITH PERMISSION. Campaign Organizer: You, as a Campaign Organizer, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign or Charity is accurate, complete, and not likely to deceive reasonable Users. (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post or otherwise provide. (iii) if you add a Charity through the Services, you relinquish control of the Donations, including the ability to issue refunds. (iv) you will not infringe the rights of others. (v) you will comply with all relevant and applicable law and financial reporting obligations, including but not limited to laws and regulations relating to registration, tax reporting, political contributions, and asset disclosures for your project. and (vi) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize Do Good Points, and Do Good Points reserves the right to, provide information relating to your Campaign to Donors, beneficiaries of your Campaign or law enforcement, and to assist in any investigation thereof. If you use the Services as an agent of a Charity using the services to raise funds for such Charity, you represent and warrant that: (a) you are a representative of the Charity, which representative is authorized to raise funds or bind the Charity to these Terms of Service. (b) you are raising funds for a Charity, with a charitable purpose or activity that is legal under all applicable federal, state, provincial, territorial and local laws and regulations. (c) all donated funds will be used solely for the purpose you have stated on and in connection with your Campaign, and under no circumstances may you use the funds for any other purpose. (d) your Charity has and will maintain tax-exempt status under applicable law (example, the Internal Revenue Code in the United States). or (e) if your Charity is in the United States, your Charity is registered with GuideStar or the IRS tax exempt organization database. Your Registration Obligations: You may be required to register with Do Good Points in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself or your Charity as prompted by the Services' registration form. Campaign Organizers must register using their true identities (or the identities of the Charities’ authorized representatives), including their name, address and any image or video purporting to depict the Campaign Organizer or the Charity of such campaign. You agree to keep registration information current and up to date. Registration data and certain other information about you are governed by these Terms of Service and 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 Services, with or without registering, only with the approval of your parent or guardian. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., Payment Processors), with whom Do Good Points has entered into contracts, in order to be able to benefit from their services. If Do Good Points or one of our payments processors at any time discovers that the information you provided about you or the purpose of your Campaign is incorrect or violates any of these Terms of Service or their terms of service, the Services may be suspended and/or terminated with immediate effect and fines may be applied by the relevant authorities which will in all such cases be payable by you. You acknowledge and agree that the use of third party Payment Processors are integral to the Services and that we exchange information with such third parties in order to facilitate the provision of Services as set out in our Privacy Policy. Charities: The Do Good Points Platform includes the features and services described here. All donations are subject to a Payment Processor Fee for each donation. Donors have the option to cover all Payment Processor Fees at checkout. <ol> <li>Chargebacks and Refunds. Occasionally, a Donor may dispute a credit card charge for a Donation through the Services. If Donations are refunded to the Donor by Do Good Points and Do Good Points already remitted payment to the Charity, we will deduct the chargebacks or refunds from future payments to the Charity, and if necessary, issue an invoice to the applicable Charity. The applicable Charity expressly agrees that it will be responsible for paying Do Good Points the full amount of any Donation refund due to a Donor. Do Good Points may elect to offset a future Donation rather than requesting that the Charity return the refunded Donation. If such Donations were made through a third-party Fund, the Fund or Charity may control the Donations, rather than Do Good Points, and may be responsible for issuing refunds and handling chargebacks directly with Donors.</li> <li>You acknowledge that certain data available or otherwise accessible on or by means of the Services concerning the list of United States-based 501(c)(3) charities to which you may make a Donation is provided by a third party licensor of Do Good Points, which may be GuideStar USA, Inc., Charity Navigator Inc or another third party. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by you and Do Good Points, you acknowledge and agree that the third party licensor of Do Good Points (and its successors and assigns) is an intended third party beneficiary with full power and authority to enforce the provisions of these Terms only insofar as it relates to data provided by the third party licensor. You agree that Do Good Points may share any information provided by you with the third party licensor to the extent that the third party licensor reasonably needs such data to enforce its rights related to your use of any third party licensor Data.</li> <li>If you are the authorized representative of a Charity, and you do not wish for your Charity to appear in the Do Good Points searchable database, you may contact us at charity-am@dogoodpoints.com to request that your Charity be removed from our database. Your email should include your full name, title, and an email address and phone number associated with your Charity. Please note that if your Charity is removed from the Do Good Points’s database, it will not be eligible to receive contributions through the Platform.</li> <li>Receiving Funds. As a Charity, receipt of Donations, minus any applicable Payment Processor Fees, is based upon and subject to you providing and making available accurate and current bank account information. Funds will generally only be disbursed to the financial institution of the registered Charity and not directly to any individual Campaign Organizer or representative agent of the Charity.</li> <li>Do Good Points does not withhold funds for tax purposes or otherwise. Charities 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). It is the responsibility of each Charity to determine what, if any, taxes apply to the Donations received through their use of the Services. It is solely the responsibility of each Charity to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.</li> </ol> Ownership of Donor Lists and Data: As between Do Good Points and Charities using the Do Good Points Platform, Charities may request Donor Lists and Donor Data for compliance and transactional purposes at any time, otherwise these will be provided at the end of each quarter. “Donor Data” shall mean a Donor’s name, address, email address, donation amount, date of transaction, transaction identification number, name of the Campaign, and event associated with the Donation. THE LIST OF DONORS WHO CONTRIBUTE TO A CHARITY'S CAMPAIGN OR EVENT CONDUCTED THROUGH THE SERVICES (“DONOR LISTS”) ARE PROVIDED “AS IS”, AND DO GOOD POINTS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY DONOR LIST OR ANY INFORMATION CONTAINED THEREIN. By using these Services, all Donors consent to the disclosure of such Donor Lists and Donor Data described in this Section. User Account, Password and Security: 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 (a) immediately notify Do Good Points of any unauthorized use of your password or account or any other breach of security, and (b) sign out from your account at the end of each session when accessing the Platform. Do Good Points will not be liable for any loss or damage arising from your failure to comply with this Section. Modifications to Services: Do Good Points reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) 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. Content Manifestly Made Public by the User. Public Content. Public Display of Information and Donations: Some of your activity on and through the Platform is public, such as content you post publicly on the Platforms (including descriptions, texts, music, sound, information, data, software, graphics, comments, photos, videos, images, trademarks, logos, brands or other materials you post through the Services or share with other users or recipients) (“User Content”). Additionally, user profile information, including your first and last name, public email address, organization, personal biography, and other information you enter in connection with your user profile may be displayed to other users to facilitate user interaction within the Services. 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 Services. Unsolicited Information: Please be advised that User Content and other unsolicited information you provide may be publicly accessible, such as information you post in forums or comment sections. We also collect information through customer support communications, your communications to us of ideas for new products or modifications to existing products, and other unsolicited submissions, or any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, with publicly-accessible information, “Unsolicited Information”). By sending us Unsolicited Information, (a) you agree that we are under no obligation of confidentiality, expressed or implied, with respect to the Unsolicited Information. (b) you acknowledge that we may have something similar to the Unsolicited Information already under consideration or in development. (c) you agree that Do Good Points 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. (d) you represent and warrant that you have all rights necessary to submit the Unsolicited Information. (e) to the extent necessary, you hereby grant to Do Good Points a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (through multiple tiers) and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Unsolicited Information, and to sublicense the foregoing rights. and (f) you irrevocably waive, and cause to be waived, against Do Good Points and its users any claims and assertions of any moral rights contained in such Unsolicited Information. This Unsolicited Information section shall survive any termination of your account or the Services. You acknowledge and agree that Do Good Points 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 Service. (c) respond to claims that any User Content violates the rights of third parties. or (d) protect the rights, property, or personal safety of Do Good Points, its users or the public. Third-Party Communications: If you use any feature of the Services that allows you to communicate with third parties (such as to refer a third party to the Services or to communicate with them regarding a Campaign or a donation), either by submitting Third-Party Data to the Services or otherwise permitting the Services to automatically access Third-Party Data in your possession, you acknowledge and agree that you have the authority of the relevant third party for us to access and use the relevant Third-Party Data and that you have notified these third parties and informed them how their information is collected and used by Do Good Points to provide the Services. We reserve the right to identify you as the person who has made the referral in any messages that are sent to them. We use Third-Party Data to contact such a third party using the Third-Party Data provided. In addition to sending the foregoing communications we may also send reminders or related messages to you and to third parties on your behalf from time to time where permitted by applicable law. In each case, any such communication sent to third parties using Third-Party Data will provide a means to “opt out” of receiving further communication of the same nature. Links to Third Party Sites. Do Good Points Services contain links to third party sites. These links are provided for convenience purposes and are not under the control of Do Good Points. If you choose to link to such third party web sites, Do Good Points makes no warranties, either expressed or implied, concerning the content of such sites, including the operations, programming and conduct of transactions over such sites. Do Good Points does not warrant that such sites or content are free from any claims of copyright or other infringement or that such sites or content are devoid of viruses. Do Good Points disclaims all liability of any kind whatsoever arising out of your use of, or inability to use such third party web sites, the use of your information by such third parties, and the security of information you provide to such third parties. Promotions on the Do Good Points Platform: You are not permitted to offer any contest, competition, reward, give-away, raffle, sweepstakes or similar activity (each, a "Promotion") on or through the Do Good Points Platform. Data Retention: You acknowledge that Do Good Points has no obligation to you to retain data relating to any account or Campaign. You acknowledge that Do Good Points reserves the right to delete data or to terminate accounts or Campaigns 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. In most cases Do Good Points will provide reasonable notice where possible.Mobile Do Good Points Platform: The Do Good Points Platform includes certain features that may be made available via a mobile device, including the ability to (i) upload User Content to the Do Good Points Platform, and (ii) browse the Do Good Points Platform (collectively, the "Mobile Services"). To the extent you access Mobile Services, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your Do Good Points account information to ensure that your messages are not sent to the person that acquires your old number.2. PROHIBITED CONDUCTYou are solely responsible for compliance with all applicable law in relation to your Campaign or use of the Services. 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 Service. The following are examples of User Content and/or use that is illegal or prohibited by Do Good Points. This list is not exhaustive and we reserve the right to remove any Campaign and/or investigate any User who, in our sole discretion, violates any of the terms or spirit of these Terms of Service. As we investigate Your Campaign, a User, or User Content, we may consider all available material including but not limited to social media, related news, and any other information that we, in our sole discretion, deem relevant in our review. We further reserve the right, without limitation, to ban or disable your use of the Services, remove the offending User Content, suspend or terminate Your account, stop payments to any such Campaign, freeze or place a hold on Donations, and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our users. <ul> <li> Securities/Investor Relations-Related Content. Forward-looking content or comments related to Do Good Points or other companies which speak to stock price, financial health or outlook, obligations to investors, or other Investor Relations-related responsibilities;</li> <li> Confidential Content. Content which discloses any confidential or nonpublic third party information which you do not have permission and/or authority to disclose;</li> <li> Disparaging Content. Content that disparages any person or entity, including Do Good Points and any entity affiliated with us, and/or any of their respective products or services;</li> <li> ontent Contrary to Law or Public Policy. Content relating to matters that are contrary to law, regulation or public policy in any of the United States, Switzerland, or accounts of the European Union.</li> <li> Infringing Content. Content that violates or infringes the rights of any person or entity including, but not limited to, privacy, publicity and/or intellectual property rights, including the copyrights and brand rights of Do Good Points and/or of third parties;</li> <li> Hateful Content. Content that is hateful, tortious, defamatory, slanderous, libelous, or obscene. </li> <li> Discriminatory Content. Content that promotes bigotry, racism, sexism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. •</li> <li> Spam. We observe and enforce a zero-tolerance policy for posting sales pitches for outside products or services or posting comments that drive traffic to a third party's Website (including for personal, political or monetary gain).</li> </ul> If we believe you are abusing Do Good Points in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. We may cancel unconfirmed Users or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion. Additionally, with respect to all Donations you make or accept through the Services, you agree: <ol> <li>not to make or accept any Donations that you know or suspect to be erroneous, suspicious or fraudulent. </li> <li>not to use the Services 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 (OFAC). to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation by adhering to any security procedures and controls required by Do Good Points from time to time. </li> <li>to maintain a copy of all electronic and other records related to Campaigns and Donations as necessary for Do Good Points to verify compliance with these Terms of Service and make such records available to Do Good Points 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 at </li> </ol> Do Good Points reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate the Terms of Service or harm the interests of our users, business partners, the public, or Do Good Points, or that expose you, Do Good Points, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your Donors, your Donations, and transactions made through or in connection with your use of the Services. Donor Conduct Donations: In order to contribute to a Campaign or to a Charity, a Donor will be required to provide Do Good Points information regarding its credit card or other payment instrument (“Payment Instrument”) that is linked to the Donor’s account on the Services (a “Billing Account”). You, as a Donor, represent and warrant to Do Good Points that such information is true and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum Donation amount may apply, and that all Donations are final and will not be refunded unless Do Good Points, in its sole discretion, agrees to issue a refund, for example in accordance with the Do Good Points Refund Policy. Do Good Points uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Donations made, and Donors acknowledge that by contributing a Donation to a Campaign, the Donor agrees to the processing, use, transfer or disclosure of data by our Payment Processors pursuant to any and all applicable terms set forth by our payment partners (currently, Stripe, Inc., and Givinga Inc. DBA Givinga Foundation), in addition to these Terms of Service, including Stripe’s terms of service, and Givinga Fund’s terms of service. Recurring Donations: Donors may have the option to contribute recurring period Donations (your agreement to make the Donations on a recurring basis, a “Donation Subscription” and each individual Donation made in connection with a Donation Subscription, a “Donation Installment”), and in electing to contribute on a recurring basis, you, as a Donor hereby acknowledge that Donation Subscriptions automatically renew and have a recurring payment feature, and that unless and until you opt out of the auto-renewal of the Donation Subscription, which can be done through the Platform, any Donation Subscriptions you have signed up for will be automatically extended for successive renewal periods of the same duration as the initial term originally selected. In connection with each of your Donation Subscriptions, you (i) hereby authorize Do Good Points to bill your Payment Instrument in the amount of the applicable Donation Installments in advance on a periodic basis until you terminate such periodic payments by opting out of the Donation Subscription, (ii) accept responsibility for payment of all Donation Installments occurring prior to opt out and (iii) agree to promptly update your Billing Account with any changes (for example, any changes related to your Payment Instrument, such as a change in your billing address or credit card expiration date). Changes to or termination of Donation Subscriptions or Donation Installments will apply only to Donation Installments that take place after Do Good Points receives notice of such change or termination. Do Good Points may provide refunds of any amounts received in connection with previously made Donation Installments on a case by case basis at the sole discretion of Do Good Points. Additionally, by enrolling in any Donation Subscriptions, you acknowledge and agree for any and all such Donation Subscriptions, that (a) individual Donation Installments may not be tax deductible, even if previous Donation Installments for the same Donation Subscription were, and the amount of each Donation Installment that is tax deductible may vary, (b) one or more specific Donation Installment may not be provided to or received by the applicable cause, Charity or Campaign if such cause, Charity or Campaign becomes unavailable, unable to accept Donations, or chooses to stop receiving Donations, which may occur for various reasons, such as if the cause, Charity or Campaign becomes subject to an investigation or is suspended or removed from the Services by Do Good Points or (c) the amounts actually received by the applicable Campaign, Charity or cause may differ from one Donation Installment to the next (for example, if the Payment Processor fees associated with the Donation Installment change). If you have questions about our refund policy, you can email support@dogoodpoints.com. Your non-termination of a Donation Subscription reaffirms that Do Good Points is authorized to charge your Payment Instrument for the Donation Subscription in accordance with these terms. This does not waive our right to seek payment directly from you. Good Points Loyalty Program: While Do Good Points does not provide any offers, promises, rewards or promotions in exchange for Donations, Users on the Do Good Points Platform are eligible to earn “Good Points.” In order to be eligible for the Good Points Loyalty Program (the “Program”), Users must have a registered account on the Do Good Points Platform. Multiple accounts may not be merged or transferred. By participating in this Program you are agreeing to these Terms of Service. Good Points may be earned by completing certain eligible actions on the Do Good Points Platform. Examples of such eligible actions may include creating an account, donating cash or points, sharing cause, content and organization information, subscribing to a newsletter, sharing your donation and more. Good Points earned for a Donation made may be revoked in the case that the Donation is later refunded or reversed for other reasons. Good Points may also be revoked where Do Good Points believes in its discretion that Good Points were earned through or in connection with any fraud, abuse of the Platform, or violation of the Do Good Points Terms of Service. When a minimum of Good Points have been accrued by a User, those Good Points may become convertible to a minimum required donation to a Charity or cause within the Platform. One Good Point is currently equivalent to approximately $0.002 in donation value and the current valuation is subject to change. Good Points have no value outside of the Do Good Points Platform. User actions may be subject to verification before their corresponding Good Points are added to a User’s account. Good Points do not expire and are non-transferrable to any other User. The number of Good Points required to convert to donation value may be modified by Do Good Points at any time. Once Good Points are converted and redeemed for a Donation, they cannot be returned to your account. If you believe there is any discrepancy in your Good Points balance, please contact our Customer Support team at support@dogoodpoints.com. If we find that a correction is due, it may take up to four weeks. Failure to supply necessary documentation may result in an inability to award your Good Points. Participation in the Program is a benefit granted to registered Users, and as such can be suspended, revoked, or terminated at any time by us for any reason. If your account is terminated, all Good Points associated with your account will be forfeited immediately upon termination. If your account is terminated due to fraudulent activity or noncompliance with these Terms of Service, in addition to forfeiting all Good Points immediately, you cannot participate in or rejoin the Program. Campaign Organizers, Charities, or Beneficiaries Account Holds: From time to time, Do Good Points may, in its sole discretion, place a hold on a Campaign account (a "Hold"), restricting Payouts (defined herein), 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 aren’t necessarily limited to, the following: (i) if we have reason to believe (in our sole discretion) that information provided by a Campaign Organizer is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) if the funds available (as determined by Do Good Points in its sole discretion) should be provided directly to a person other than the Charity (such as a legal beneficiary or person entitled by law to act on behalf of a Charity), (iii) if we have reason to believe that a Campaign or Campaign Organizer has violated these Terms of Service, (iv) if Do Good Points determines that the Campaign Organizer is colluding with donors to engage in fraudulent activity, (v) if we have reason to believe (in our sole discretion) that there may be suspicious or fraudulent donation activity, or (vi) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Campaign account, or need information about how to resolve the Hold, please contact your Campaign account manager. Donation Payouts from a Campaign:While Do Good Points strives to make Payouts available to Charities promptly after the close of each quarter, you acknowledge and agree that Payouts may not be available to you for receive immediately, and Do Good Points expressly disclaims any and all responsibility for any delay or inability to access and use Payouts at any specified time, and any consequences arising from such delay or inability. You, as a Campaign Organizer, are responsible for ensuring that the information you provide to Do Good Points in order to process a Payout, including your bank account information, is accurate and up to date. Do Good Points 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. Do Good Points is not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by Do Good Points issuing refunds, including, but not limited to transaction or overdraft fees. Payment Processors:Do Good Points uses Payment Processors to process Donations for your Campaign. By setting up a Campaign or accepting the role of Campaign Organizer, you agree to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to any and all applicable terms set forth by the applicable Payment Processors (currently, Stripe, Inc. and Givinga, Inc. DBA GivingaFoundation), in addition to these Terms of Service, including Stripe’s terms of service and Givinga Foundation’s terms of service.3. INTELLECTUAL PROPERTY RIGHTS Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features ("Services Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Do Good Points, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services, the Services Content, or Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally submit to the Platform. In connection with your use of the Services you will not engage in or use any data mining, spiders, robots, scraping or similar data gathering or extraction methods. If you are blocked by Do Good Points from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Do Good Points, our affiliates and our partners (the "Software"). You agree not 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 Do Good Points. The Do Good Points name and logos are trademarks and service marks of Do Good Points (collectively the "Do Good Points Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to Do Good Points. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Do Good Points Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Do Good Points Trademarks will inure to our exclusive benefit. Third-Party Material: Under no circumstances will Do Good Points be liable in any way for any content or materials of any third parties (including 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 Do Good Points does not pre-screen User Content, but that Do Good Points and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any User Content that is available via the Services 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. User Content Transmitted Through the Services: With respect to the User Content, 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, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading, sharing, providing, or otherwise making available any User Content, or any portion thereof, in connection with the Services, you hereby grant and will grant Do Good Points and its affiliated companies and 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 Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless Do Good Points 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 Do Good Points in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services 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 Do Good Points’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services. We do not guarantee that any Services Content will be made available through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Services 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 Services Content or User Content, or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Services Content or User Content from the Services. Payment Card Industry Data Security Standard: The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes, or stores credit cards. The primary purpose of the standards is to maintain controls around cardholder data to reduce credit card fraud. As a service provider, Do Good Points is PCI DSS compliant and will maintain all applicable PCI DSS requirements to the extent that we possess or otherwise store, process, or transmit cardholder data on behalf of you, or to the extent that we can in any way impact the security of your cardholder data environment. Copyright Complaints: Do Good Points respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Do Good Points of your infringement claim in accordance with the procedure set forth below. Do Good Points 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 Do Good Points’s Copyright Agent at legal@dogoodpoints.com (Subject line: "DMCA Takedown Request"). You may also contact us by mail at: Do Good, Inc. Attn: Legal PO Box 193446 San Francisco, CA 94119 To be effective, the notification must be in writing and contain the following information: <ol> <li>an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;</li> <li>a description of the copyrighted work or other intellectual property that you claim has been infringed. </li> <li>a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services. </li> <li>your address, telephone number, and email address. 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. </li> <li>and 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.</li> </ol> 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: <ol> <li>your physical or electronic signature. </li> <li>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. </li> <li>a statement 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</li> <li>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. </li> </ol> If a counter-notice is received by the Copyright Agent, Do Good Points 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 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion. Repeat Infringer Policy:In accordance with the DMCA and other applicable law, Do Good Points has adopted a policy of terminating, in appropriate circumstances and at Do Good Points’s sole discretion, users who are deemed to be repeat infringers. Do Good Points may also at its sole discretion limit access to or terminate the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Submission of Ideas: You can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Do Good Points, this Web site and our Services (collectively, “Ideas”). Ideas, whether posted to this Web site or provided to Do Good Points by e-mail or any other delivery method are entirely voluntary, non-confidential, gratuitous and noncommittal. Do Good Points shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them.4. THIRD PARTY WEBSITES/SERVICESThe Services or third parties may provide or facilitate links, tools, widgets or other features that allow you to access other sites, services and resources provided by third parties (collectively, “Third Party Resources”). Do Good Points has no control over such Third Party Resources or any products, services or content made available through or by such Third Party Resources, or the business practices of the third parties providing such Third Party Resources, and Do Good Points is not responsible for and does not endorse such Third Party Resources or the products, services or content made available thereby. You acknowledge that Do Good Points is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Resources. You further acknowledge and agree that Do Good Points 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 Resources. Any dealings you have with third parties found while using the Services are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such Third Party Resources. As an example of this, if you use the Do Good Points Platform through your mobile device, and you upload a video to a fundraiser, that video will be uploaded using YouTube, and subject to the YouTube Terms of Service. And you agree that Do Good Points is not liable for any loss or claim that you may have against any such third party.5. INDEMNITY AND RELEASEYou agree to release, indemnify on demand and hold Do Good Points and its affiliates and their officers, employees, directors and agents harmless 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 use of the Services, any Donation or Campaign, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. You agree that Do Good Points has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify Do Good Points for the costs of its defense (including, but not limited to attorney’s fees.) 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.6. DISCLAIMER OF WARRANTIESYOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DO GOOD POINTS 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. DO GOOD POINTS AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.7. LIMITATION OF LIABILITYYOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GOFUNDME NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF DO GOOD POINTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES. (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES. (III) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES. (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES. OR (VI) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DO GOOD POINTS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DO GOOD POINTS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. 8. LEGAL DISPUTESARBITRATION CLAUSE &amp. CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS Arbitration. Class Action Waiver: YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either of us 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. or (d) file suit in a court of law to address an intellectual property infringement claim. The Process: Any arbitration between you and us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Service. The AAA Rules and filing forms are available online at www.adr.org. A party who intends to seek arbitration 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”). Our current address for Notice is: Do Good, Inc., ℅ Legal Department, PO Box 193446, San Francisco, CA 94119. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute. and (b) set forth the specific relief sought (“Demand”). We agree to work with you and make a good faith effort to resolve the claim directly, but if we aren’t successful within 60 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by either of us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount which exceeds the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay to you the higher of: (i) the amount awarded by the arbitrator. or (ii) $10,000.00. <ol> <li> Fees: If you commence arbitration in accordance with these Terms of Service, we will reimburse you for your payment of the filing fee unless your claim is for more than $10,000 in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at an agreed upon location in San Francisco, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator. (b) through a telephone hearing or (c) by an in-person hearing as established by the AAA Rules in the county of your billing address. If the arbitration finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil procedure 11(b), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. 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. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.</li> <li>No Class Actions: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE 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 we 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.</li> <li>Modifications to this Arbitration Provision: If we make any future change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive. </li> <li>Enforceability: If this Disputes section is found to be unenforceable, then the entirety of this Disputes section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the General section below will govern any action arising out of or related to these Terms of Service.</li> </ol> Confidentiality: We each agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers.9. TERMINATIONYou agree that Do Good Points, in its sole discretion, may suspend or terminate your account (or any part thereof) or your access to the Services and remove and discard any User Content or data 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.10. USER DISPUTESYou agree that you are solely responsible for your interactions with any other user in connection with the Services and Do Good Points will have no liability or responsibility with respect thereto. Do Good Points reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.11. GENERALThese Terms of Service constitute the entire agreement between you and Do Good Points and govern your use of the Services, superseding any prior agreements between you and Do Good Points with respect to the Services. You also may be subject to additional terms of service that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Do Good Points agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of Do Good Points to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Do Good Points, but Do Good Points may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platforms. Do Good Points may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, reorganization or sale of equity or assets, or by operation of law or otherwise. Nothing in these Terms shall prevent Do Good Points from complying with the law. Do Good Points shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. The provisions of these Terms of Service are intended to be severable. If for any reason any provision of these Terms of Service shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.No joint venture, partnership, employment, or agency relationship exists between you and Do Good Points as a result of these Terms of Service. The failure of Do Good Points to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Do Good Points in writing. If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to these Terms of Service. Such account is owned and controlled by the business entity. The following Sections survive any termination of these Terms of Service: Fees, Content, Disclaimer of Warranties. Limitation of Liabilities. Indemnification, and Legal Disputes. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210 FREE. 12. PRIVACY POLICYAt Do Good Points, we respect the privacy of our users. For details please see our Privacy Policy.By using the Services, you consent to our collection and use of personal data as outlined therein.13. REFUND POLICY<ol> <li> Introduction. The following refund policy is only applicable for monetary donations made by users to charity organizations active within the Do Good Points Platform. Donations made using Good Points earned from the Platform are final and not eligible for refund under any circumstances. </li> <li> For Donors. Donors may request a refund (or other resolution as described below) after donating to a campaign by contacting our Customer Service team at support@dogoodpoints.com. You may be asked to provide information such as your email address related to your user account, receipt or confirmation of donation, and payment information. All resolutions are decided by Do Good Points in our sole discretion, and all of our determinations are final. </li> <li> Donor Exclusions. The following reasons for a refund are excluded and not covered by this Policy:<ol> <li>Employees of any charity are prohibited from donating to their own charity and subsequently seeking a refund for your donation to your own campaign;</li> <li>Refunds for offline donations not transacted on the Platform;</li> <li>Regretting the donation;</li> <li>A personal disagreement with or dislike of the charity;</li> <li>Disagreement with how a charity uses funds raised;</li> <li>Disagreement over the payment instrument or means by which the intended charity will receive the campaign funds;</li> <li>Disagreement with Do Good Points for any reason. or</li> <li>Any reason not based on the honestly-held belief based on presentable information that a misuse has occurred.</li> </ol> You may be able to receive a refund in some instances even if you do not qualify for benefits under this Policy. Please contact Do Good Points with questions. </li> <li> Submitting a Refund Request. To request a refund, you must meet the following criteria:<ol> <li>You fully complete the claim form and all subsequent requests for information for our evaluation and processing of your refund request;</li> <li>You agree to fully cooperate with any investigation by Do Good Points or a law enforcement authority.</li> </ol> If you are a donor requesting a refund, you must meet the following additional requirements: <ol> <li>You are a donor to the Campaign, and you made an online donation via the Platform;</li> <li>You still own the payment instrument you used to make the donation at issue and are authorized to accept a funds transfer back onto that payment instrument;</li> <li>You submitted your request within 30 days from your donation date. and</li> <li>You must not have already filed a chargeback for the same donation.</li> </ol> </li> <li> Abusive Refund Claims. Abusive Refund Claims.<ol> <li>Filing excessive or duplicate requests;</li> <li>Colluding with any other user (including donor, campaign organizer, and/or charity) to misrepresent facts or circumstances related to a campaign or donation, or otherwise fraudulently seek payment under this Policy;</li> <li>For donors, filing a chargeback after receiving a refund, filing a claim under this Policy after filing a chargeback, or initiating a payment or refund request using a fraudulent payment instrument. or</li> <li>Any claim for a campaign where you caused or induced the Misuse, whether directly or indirectly.</li> </ol>Users who file fraudulent claims are subject to consequences outlined in our Terms of Service. We reserve the right to investigate anyone by engaging public and private organizations, including, but not limited to donors, campaign organizers, charities, collection agents, private investigators, and local, state, federal and applicable international agencies. We will take appropriate action against anyone who, in our sole discretion, violates any of the terms or spirit of this Policy, including suspending or terminating the account of such violators, terminating coverage under this Policy, stopping payments, freezing or placing a hold on funds when Do Good Points reasonably believes it to be required by applicable law, and reporting users to law enforcement authorities or otherwise taking appropriate legal action.</li> <li> No Assignment or Insurance or Warranty. This Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by you, and you have not paid any premium in respect of the Policy. The benefits provided under this Policy are not assignable or transferable by you. This Policy is not a warranty against fraud or any other misuse of the Platform.</li> <li> Modification or Termination.Do Good Points reserves the right to modify or terminate this Policy, at any time, in its sole discretion, and without prior notice. If we modify this Policy, we will post the modification on the Do Good Points website or provide you with notice of the modification and we will continue to process all requests made prior to the effective date of the modification.</li> <li> Entire Agreement and Definitions.This Policy constitutes the entire and exclusive understanding and agreement between Do Good Points and you regarding the subject matter herein and supersedes and replaces any and all prior oral or written understandings or agreements between Do Good Points and you regarding your ability to claim or qualify for a refund or payment from Do Good Points.</li> <li> Do Good Points Terms of Service.The terms of this Policy are hereby incorporated by reference into the Do Good Points Terms of Service. All terms within the Terms of Service apply to this Policy, including but not limited to terms relating to Governing Law, Arbitration, Limitation of Liability, Privacy (including the Do Good Points Privacy Policy), and Disclaimer of Warranties. With respect to the use of the Services as defined in the Terms of Service, in the event of conflict the Terms of Service will take precedence over these terms of this Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Do Good Points Terms of Service.</li> <li> Other Donor Requirements.You agree that a certain minimum donation amount may apply to qualify for benefits under this Policy, and that all donation payments remain final and will not be refunded unless Do Good Points, in its sole discretion, agrees to issue a refund under the terms of this or other Policy.</li> <li> No Waiver.You agree that Do Good Points’ decision to grant benefits under this Policy does not constitute a waiver of its right to decline refunds, payments, or other benefits in the future for any reason in its sole discretion.</li> <li> Questions.If you have any questions about this Policy, please contact us at support@dogoodpoints.com.</li> </ol>13. FRAUD POLICYDo Good Points is dedicated to empowering people to help people, and we do this by carefully reviewing each campaign on our platform. An overwhelming majority of campaigns on the site are safe and legitimate, as fraudulent campaigns make up less than one-tenth of 1% of all campaigns on Do Good Points. In the rare instance that someone does create a misleading campaign with the intention of taking advantage of others’ generosity, Do Good Points takes swift action to resolve the issue. Our policy is simple and strictly enforced: It is not permitted to lie or intentionally deceive donors on Do Good Points for financial or personal gain Examples of expressly forbidden fraudulent activity: <ul> <li>Breaking the law</li> <li>Lying or being misleading about your identity as a campaign organizer or your relationship to the ultimate recipient of the funds</li> <li>Posting misleading statements in the campaign story</li> </ul> We rely on the Do Good Points community to let us know if there is suspicion that a campaign organizer is involved in any of the examples of fraud above. To report a campaign for potential fraud, please contact us Examples that are not considered to be fraudulent activity: Sometimes, there are situations that may raise questions but are not considered examples of fraudulent activity on our platform. These include: <ul> <li>Speculation of fraud or rumors that the campaign is a scam</li> <li>Images or names of individuals being used without permission of the family</li> <li>Disagreement around the nature of the campaign or the character of the campaign organizer</li> <li>Campaigns that have surpassed their goal but are still raising funds</li> <li>Custody or familial disputes or disagreements</li> <li>Multiple campaigns set up for one purpose or for the same beneficiary</li> </ul> Do Good Points cooperates with law enforcement and provides them with any information needed in an investigation. If you are a law enforcement officer looking to contact our team, you can reach us support@dogoodpoints.comQUESTIONS? CONCERNS? SUGGESTIONS?Please visit the How It Works to learn more about the Do Good Points Platform or contact us at support@dogoodpoints.comto pose any question.Subscribe to Do Good OpportunitiesSign up for our newsletter and stay updated on the causes you care about!Subscribe NowEarn 300 points for subscribingStay ConnectedJoin the conversation on social, and be part of the Do Good community.More InfoContactPrivacyTermsCopyright © 2021 Do Good PointsDo Good Points may use cookie to enable services and to improve your experince with us. To learn more, check out our privacy policy. By clicking "I agree" or continuing to use our site, you agree that we can use your data.I AGREE