Welcome to iKeedo. iKeedo is a free crowdfunding platform for organizations and candidates whose mission is to make the world a better place. iKeedo was founded on the belief that social change is often fueled by an opposing force and that small actions can make a big difference. It’s not advocacy, but counter-advocacy.
Our attorney, who is very nice most of the time, insists that you read and agree to the iKeedo Terms and Conditions, essentially, everything written below.
These terms and conditions govern iKeedo LLC’s (“iKeedo”, “we”, or “our”) relationship with you when you use the iKeedo website, www.ikeedo.com or www.ikeedo.org ("site") and any and all services available on or through the site or otherwise provided by iKeedo, including but not limeted to any widget, mobile application, social extension, etc. provided by iKeedo (collectively, the "services"). By using or accessing the site or services, whether manually or through automated means, you agree to these iKeedo terms and conditions ("terms"). These terms apply to you if you are a “Visitor” (which means that you simply browse the site and/or services) or you are a “Member” (which means that you have registered with iKeedo and have likely donated to one or more causes) or you are a “Client” (which means you have an established iKeedo “client user ID and Login” and are using iKeedo to raise money), or any other user of the site and/or services (collectively, “user, "users" or "you"). If you choose to not accept these terms, that’s ok but it means you simply cannot use the iKeedo site or the services. We do want you to, however, so if you have any questions, you can contact us at email@example.com.
However, to be eligible to use the services and access the site, you must: (1) be at least 18 (2) be registered with us (to the extent required) and not have been previously restricted, suspended or terminated by us; and (3) not be using another member’s account without her/his permission.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
Access to the site and services from territories where the site and/or services are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations regarding their use of the site and services.
Our role. The purpose of our site and services is to help individuals, entities or organizations raise money, but we do not expressly endorse any such individuals, entities or organizations or any of their campaigns or causes although there is a selection process. We merely provide a technology platform to allow fundraisers to connect with donors. The existence of the site or services is not a solicitation of donations by iKeedo, and iKeedo does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. In order to ensure that iKeedo does not go out of business and to provide you with the very best experience and customer service, iKeedo charges 5% of all donations made on or through the site, which, judging from the competition, is on the low low end.
Becoming a Member. It is easy to become a member of iKeedo by following the steps on the site. Users primarily become Members for the purposes of making donations to one or many of the causes showcased on the site. You will be required to provide some information when you sign up, including an email address to receive any notices required by law, in lieu of communication by postal mail, along with other messages, including utility type messages such as changes to features of the service, confirmation of your actions/donations, progress updates related to your donations, and notices related to withdrawal of funds based on your donations. See more in our How It Works section.
User Names. You may need a username and password to use certain features of the site and services. By selecting a user name you agree that you will not select or use a name: (a) of another person with the intent to impersonate that person; (b) subject to the rights of any person without authorization; (c) in violation of the intellectual property rights of any person; (d) defames or invades publicity rights or privacy of any person living or deceased, or otherwise infringes upon any person’s personal or property rights or any other third party rights; (e) that is obscene, offensive or discriminatory; or (f) that iKeedo, in its sole discretion, deems inappropriate or offensive. You hereby expressly permit iKeedo to identify you by your user name (which may be a pseudonym). You acknowledge and agree that you shall have no ownership or other property interest in your account. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify iKeedo immediately of any unauthorized use of your password or account or any other breach of security. iKeedo assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party. iKeedo has the right to reclaim any user name for any reason.
Accurate Information. You agree to: (a) provide accurate information as prompted on the site or through the services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or iKeedo has reasonable grounds to suspect that such information is inaccurate, iKeedo may suspend or terminate your use of the services and/or the site and/or decline to permit your continued use of the site and/or the services and future access to the site and/or the services.
Relationship to iKeedo. By using this site you understand and agree that iKeedo shall not be responsible for any losses or damages incurred as a result of the fundraising campaigns. In the event of a dispute between users (including but not limited to Visitors, Members, Clients, fundraisers, donors, beneficiaries, and third parties), you hereby release iKeedo, its employees, agents, affiliates, directors, officers, representatives, subcontractors, advisors and volunteers from all claims, damages and demands that may or may not be known, suspected or related to such disputes about our service.
Technology don’ts. Don’t try to interfere with the proper workings of our site or services. Don’t bypass any measures we’ve put in place to secure our site and services. Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to iKeedo or another party. Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.) Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the site. Don’t take apart or reverse engineer any aspect of iKeedo in an effort to access things like source code, underlying ideas, or algorithms.
Any individual, entity or organization that registers as a Client of iKeedo and raises funds through the site or the services (“fundraisers”) is subject to the following additional terms of these terms that apply specifically to fundraisers.
Compliance. By raising funds through the site or services, you represent and warrant that: (a) you are raising money for a cause that is legal under all applicable federal, state and local laws and regulations; and (b) you will use all donated funds solely for the purpose you have stated on the site, and under no circumstances may you use the funds for any other purpose. Additionally, if you are raising funds for a non-profit organization (a “Charity”) through the site, you agree that you will comply with all applicable state solicitation laws, and you represent and warrant that such Charity: (i) has and will maintain tax-exempt status under section 501(c)(3) of the Internal Revenue Code; and (ii) has authorized you to raise money on its behalf through the site. If you are raising funds for another purpose, as may be permitted under these terms, you represent and warrant that you can meet all user eligibility requirements for the services and have a social security number or an EIN and a U.S. bank account.
Reporting of donations for political organizations. For political organizations, those organizations beholden to Federal Campaign Finance Laws, iKeedo agrees to share all donor information necessary to be compliant with F.E.C. regulations on mutually agreed upon schedule. Donor information will be shared via a comma-separated values (CSV) file. iKeedo Clients are solely responsibility for reporting campaign finance information with the F.E.C.
Fundraising minimums and maximums. There are none. There are no thresholds to reach. The amount of money you raise through iKeedo is up to you and the individuals that support you.
Termination or pausing of an account. There are no term limits on iKeedos. However, you are free to terminate or pause (temporarily remove and iKeedo from public view) an account at any time by emailing us at firstname.lastname@example.org. We will do our best to contact you within 24 hours and have your iKeedo terminated or paused within seven (7) business days.
Payment processing. iKeedo processes Member donations at the end of each month. Each Member’s credit card is charged in accordance with their individual iKeedo pledge status. For example, let’s say Johnny Appleseed agrees to donate $1 per trigger event to Cause X with a cap of $100. At the end of each month we tally the number of trigger events that occurred in that month and transfer the corollary donation amount over to you (minus processing fees and iKeedo’s 5% service fee). If by the end of the month there were 25 trigger events related to Johnny’s pledge, then we will bill his credit card $25. Stripe is our official payment processor. In order to process payments on iKeedo you will have to have a valid merchant account with Stripe.
Pricing. We like to keep it simple and keep it low (so you make as much money to put toward world-bettering good as possible). iKeedo retains 5% of each donation. This allows us to fund things like technology upgrades and customer service so that we can continue to support good causes.
Content. When you are using the site and/or the services, you may have the opportunity to provide photos, videos, ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other content for incorporation into your iKeedo landing page. You alone, not iKeedo, are responsible for all of your content. By posting content, you represent and warrant that you have all rights to use said content, and have obtained rights, licenses or permission for any third party content contained therein. By posting content and to the extent allowed by law, you grant to iKeedo and its successors and assigns a perpetual, worldwide, royalty-free, non-exclusive, sub-licensable, unconditional and transferable license to edit, modify, reproduce, encode, copy, transmit, publish, post, broadcast, display and/or otherwise use or reuse all such content. You hereby agree to defend, indemnify and hold harmless iKeedo for any claims arising from your content.
iKeedo may use your name, content and logo, as well as any information generated by your use of our site (including funds raised) in our communications and promotional materials, including communications to other users and potential users.
Any individual, entity or organization that registers as a Member and donates funds through the site or the services (“donor”) is subject to the following additional terms of these terms that apply specifically to donors.
Donor’s Risk. All donations are at your own risk. Please make sure that when you donate to a given organization or entity, you understand how your money will be used. When donating, only donate to those organizations or entities that you feel comfortable donating to or otherwise know and trust. iKeedo does not warrant that funds will be used for any particular purpose and is not responsible for any misuse of the funds by the beneficiary.
Donor Commitments. By donating money through the site or services, you represent and warrant that any donation you make is legal in your jurisdiction and that you are authorized to use the payment method you have selected. Each donor agrees and acknowledges that: (i) all donations to Charities are made as unrestricted gifts and may not be restricted to any particular purpose; (ii) designated donation amounts will be charged to the credit or debit card or other payment method you use through Stripe; (iii) iKeedo service fees (5%) and credit card processing fees will be withdrawn as part of your transaction; (iv) all donations are final and non-refundable.
Donations to charities. Donations made to charities are tax deductible to the extent permitted by law. Through our automated process, iKeedo will provide you with a confirmation total for each individual donation made through our site. However, for tax purposes, you may need to get a receipt directly from the charity organization confirming your donation. Please check with your tax advisor. To better enable communication between you and the charity you are donating to, we strongly encourage you to opt-in to receive emails from any charity you donate to through our site.
Our Partnerships with Stripe. iKeedo has partnered with Stripe to make raising money and donating to organizations and entities easy and seamless. The manner in which transactions are processed is explained below.
Stripe. When you make a donation through Stripe, iKeedo does not collect or store your credit card information. All donations processed through Stripe go directly from the donor to the organization’s Stripe account, and will be governed by Stripe’s Privacy & Terms.
Tax Deductions. iKeedo makes no representation as to whether all or any portion of your donations, including, if any, processing fees, are tax deductible. iKeedo will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any donation by you, any iKeedo user or any Client organization. You should consult your tax advisor as to the amount of your donation that is tax deductible.
Donations to political campaigns. It is the responsibility of iKeedo Members and the individual campaign organizations to comply with all State and Federal campaign finance laws. iKeedo is not responsible for monitoring or enforcing the total contribution amounts by any donor.
Transaction Fees on Donations. iKeedo is a free platform for our Clients, meaning there are no set up fees unless mutually agreed to. iKeedo simply takes a small percentage (5%) of each donation. iKeedo only deducts a fee once you raise funds for your cause and we do so on a monthly basis. The fees allow us to fund things like technology upgrades and customer service so that we can continue to support good causes.
Donations made to charities are tax deductible to the extent permitted by law, and iKeedo makes no representation as to whether any transaction fees are tax deductible.
Chargebacks and Refunds. Occasionally, a donor may dispute a credit card charge for a donation through the iKeedo site. iKeedo Clients have sole control over the donations and are responsible for issuing refunds and handling chargebacks. All issues concerning chargebacks and refunds will be addressed by the applicable payment processor (Stripe) and not iKeedo.
Ownership of the site, site information and services. The site and services and all technology underlying the same are expressly owned and operated by iKeedo and protected under laws governed by the United States Patent & Trademark Office. Unless otherwise noted, the design and content features on the site and services, including without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, URLs, and the like, as well as the selection, assembly and arrangement thereof (collectively, the "Site Information"), are owned by iKeedo or its affiliates, if any, or are licensed by iKeedo from third parties. The site and services, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.
The trademarks, logos, and service marks ("Marks") displayed on the site are registered trademarks of their respective owners, are the property of their respective owners, and/or are protected by U.S. and international trademark laws and/or common law. Their uses are restricted to programs, events, products or services that iKeedo sponsors or with which we are otherwise affiliated. iKeedo’s trademarks may not be used for personal financial gain. Use of the Marks is prohibited without iKeedo’s express written consent except as permitted by applicable laws. Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without iKeedo’s express written consent.
No portion of the site, services or Site Information may be reprinted, republished, modified, or distributed in any form without iKeedo’s express written permission. You may not, and these terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the site, services or any of the Site Information.
You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the site, services, or the Site Information and you must retain all copyright, trademark, service mark and other proprietary notices contained on the site, services or in the original Site Information on any authorized copy you make of the site, services or the Site Information.
Widgets. Our widgets are software tools that you may place on your website to permit your visitors to access our Website (each, a “Widget”). Subject to your compliance with the terms, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the Widget on your website for your own personal or internal business purposes. We reserve the right to discontinue providing any Widget at any time, or to direct you to cease displaying, or otherwise using, any Widget for any or no reason, without liability to you or any third party. You may not use the Widget for any other purpose without our prior written consent, and nothing in the terms shall be deemed to grant you any right, title or interest in the Widget. In addition, you may not:
Use the Widget to offer or promote, or otherwise use the Widget in association with, any products or services for sale;
Use the Widget (or any content displayed in connection with or through it) in any manner that would constitute an endorsement by us of any product, service, activity or brand contained on your website;
Place the Widget on any website that includes content that is offensive, harassing, threatening, abusive, discriminatory, vulgar, pornographic, or otherwise inappropriate, as determined by us in our sole discretion; or
Use the Widget in any manner that prevents the end users of your website from linking directly to the application page of our site.
Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to iKeedo by any means and in any format (“Feedback”) is at your own risk and that iKeedo has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to iKeedo a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right 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 Feedback, and to sublicense the foregoing rights.
Use of Site. The site, services and the Site Information are provided "as is" with all faults. Your use of the site, services, and the Site Information is at your own risk. The site, services or Site Information may contain errors or omission, or may be out of date. The site, services or Site Information may, without prior notice, change, be deleted or updated at any time. As a condition of your use of the service or the site, you promise to:
a. Use the service in compliance with all laws, regulations, ordinances, directives, court orders and this Agreement local and applicable to your use of the site and services;
b. Use the service so as not to damage, disable, overburden or impair the service, our networks or systems or not to interfere with any others’ legal rights or use or enjoyment of the service; and
c. Not engage in, or encourage, promote, facilitate or instruct others to engage in, activities which, in our judgment and discretion: (1) are illegal; (2) result in the infringement of the intellectual property rights of others or libel or defamation of another person; or (3) harvest or otherwise collect information about others (such as e-mail addresses or other personally identifiable information) without their consent.
Promotions. You are not permitted to offer any contest, competition giveaway, sweepstakes or similar activity (each, a "Promotion") on iKeedo without our prior written consent. You may seek permission by sending an email to email@example.com. If we consent, you take full responsibility for the Promotion, and you agree that: (a) such Promotion shall comply with all applicable laws; (b) you are solely responsible for all facets of the Promotion; (c) you may not use the Marks or any other iKeedo intellectual property in the rules or any other materials relating to the Promotion, without iKeedo’s express written permission; (d) such Promotion does not require making a donation as the only way to enter; (e) such Promotion is not marketed to anyone under the age of 18 or the age of majority for the state in which you reside; and (f) such Promotion may not endorse, sponsor or promote anything related to gambling, alcohol, illegal or prescription drugs, pornography, or tobacco. You will include the following provisions within your official rules for any Promotion that you choose to administer or publicize on the site: (i) iKeedo does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases iKeedo from any and all liability and (iii) all questions concerning the Promotion must be directed to you and not to iKeedo.
Digital Millennium Copyright Act; Copyright Complaints. iKeedo respects the intellectual property rights of others and requires those that visit the site and use our network to do the same. iKeedo may, in appropriate circumstances and at our discretion, remove or disable access to material on the site or our network that infringes upon the copyright rights of others. iKeedo also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to the site or users of our network repeatedly infringe on others' copyrights, iKeedo may in its sole discretion terminate those individuals' rights to use the site or our network. If you believe that your work has been used on our site or network in any manner that constitutes copyright infringement, please notify iKeedo in writing at firstname.lastname@example.org. The notice should include the following information:
An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
Identification of the location on the site of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
Your name, address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.
Suspension or Termination of Your Use of the Site. These Terms will commence on the date you accept them (as described above) and remain in full force and effect until terminated in accordance with this section. Notwithstanding the foregoing, if you used the site or services prior to the date you accepted the terms, you hereby acknowledge and agree that the terms commenced on the date you first used the site or services (whichever is earlier) and will remain in full force and effect while you use the site or services, unless earlier terminated in accordance with the terms. iKeedo has the right to suspend or terminate any services provided to you at any time with or without reason. You agree that all terminations shall be made in iKeedo’s sole discretion and that iKeedo shall not be liable to you or any third party for any termination of your account. If you want to terminate any services provided by iKeedo, you may do so by notifying iKeedo at any time, with your notice sent, in writing, to email@example.com. Termination of any service includes removal of access to such service and barring of further use of the service, provided that any donations made prior to the effective date of termination will continue to be processed. All provisions of the terms which by their nature should survive, shall survive termination of services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
No Endorsement of Links to Other Web Sites. Any links to other websites are provided as merely a convenience to you. This site and the services may provide links or references to other websites but iKeedo has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content from these other websites. You understand that, except for information, products or services clearly identified as being supplied by iKeedo , we do not operate, control or endorse any information, products or services on the Internet in any way. iKeedo does not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If you decide to access any of these other websites linked to this site, you do so entirely at your own risk.
Indemnification. You agree to indemnify, defend and hold iKeedo and its affiliates, if any, and each of their officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorney's fees) resulting from: (a) your use, misuse or abuse of the site, services or the Site Information; (b) any content or other materials or information posted by you; or (c) your breach of any provision of these terms. You will cooperate as fully as reasonably required in iKeedo’s defense of any claim. iKeedo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without iKeedo’s written consent.
DISCLAIMER. YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE SITE INFORMATION AND THE SERVICES ARE PROVIDED "AS IS," AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IKEEDO, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. IKEEDO, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE, THE SITE INFORMATION OR THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF SITE, SERVICES OR SITE INFORMATION. IKEEDO ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, ANY USER GENERATED CONTENT) OR USER COMMUNICATIONS.
LIMITATION ON LIABILITY. IKEEDO, ITS AFFILIATES AND ITS SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS, ANY DONATIONS THROUGH THE SITE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES OR THE SITE INFORMATION, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL IKEEDO BE LIABLE TO YOU FOR MORE THAN FIFTY DOLLARS ($50.00). YOU AND IKEEDO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE SITE OR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
RELEASE. YOU HEREBY AGREE TO RELEASE IKEEDO, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, "CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES OR THE SITE INFORMATION. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “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.
Security of the Site. iKeedo maintains reasonable safeguards and personnel policies that are designed to guard the site, the services, our systems and our volunteers', fundraisers', donors' and Charities' information. For example, for the security of your online visit to the site, iKeedo may make use of firewall barriers, encryption techniques and/or authentication procedures. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while iKeedo strives to protect your information, it cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, iKeedo will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the site.
Electronic Communications. When you visit the site, use the services or send emails to iKeedo, you are communicating with us electronically. You consent to receive communications from iKeedo electronically. iKeedo may communicate with you by email or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that iKeedo provides to you electronically satisfy any legal requirement that such communications be in writing.
Jurisdiction and Governing Law. You agree that these terms, for all purposes, shall be governed and construed in accordance with the laws of the State of Illinois, without giving effect to its conflicts of laws provisions. In addition:
Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms where the total amount of the award sought is less than Five Thousand U.S. Dollars (US $5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with the Terms. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: (1) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (2) all arbitration proceedings shall be held in English; (3) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed to by the parties; and (4) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, the iKeedo may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from Illinois law, including the laws governing what can legally be sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinances, regulations and statutes that are applicable to your use of the site or services.
Any other dispute (including whether the claims asserted are arbitrable) shall be referred to and finally determined by binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by the Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”).
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and iKeedo must abide by the following rules: (i) ANY CLAIMS BROUGHT BY YOU OR IKEEDO MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (ii) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (iii) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, iKeedo will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (iv) iKeedo also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (v) the arbitrator shall honor claims of privilege and privacy recognized at law; (vi) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for the purposes of enforcement of the arbitration award; (vii) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (viii) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by applicable law.
The arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by these terms. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of the Terms, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by Illinois law or United States federal law. Notwithstanding the foregoing, either you or iKeedo may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Illinois. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Illinois, in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Illinois for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of 4(i) and (ii) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either (d)(i) or (ii) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor iKeedo shall be entitled to arbitration. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Illinois. By using the site or services in any manner, you agree to the above arbitration provision. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
Site is for Use in the United States. The site is hosted in the United States and is intended for users located in the United States. If you are a non-U.S. user of site, by visiting the site, using the services and/or providing iKeedo with any User Generated Content specifically or Content generally, you agree to comply with all federal and state U.S. laws governing the site, the services, online conduct and acceptable Content and User Generated Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
Conflict with Other Agreements. These terms are in addition to, and do not nullify, any other agreement between you and iKeedo or any other applicable terms and conditions found on the site. In the case of any direct conflict between these terms and any other agreement between you and iKeedo, the provisions of such other agreement shall control but only to extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the site. When you make or receive a donation payment through Stripe, your use of that service is governed by the Stripe ePay terms of Service.
Modification of the terms. In iKeedo’s sole discretion, we may unilaterally amend or modify these terms or any other documents referenced herein at any time by posting on the site. The date of the most recent revision will appear at the top of this page. If iKeedo has a working email contact for you and the changes to the terms are material, iKeedo may notify you of such changes by sending you an email to the address you have provided to us. iKeedo encourages you to review these terms periodically for any updates or changes. Any amended or modified terms will be effective upon posting, at the time set forth in an email notice to you or as otherwise decided in iKeedo’s sole discretion and as posted to the site. Continued use of the site constitutes acceptance of any modified terms and conditions.
Additional Terms. iKeedo also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the site, which may be posted in the relevant parts of the site, and will be identified clearly and conspicuously. Your continued use of the site constitutes your agreement to comply with these additional rules. Those terms will control in the event of any conflict with these terms.
Miscellaneous Other Provisions.
In the event that one or more portions of these terms shall, for any reason, be held to be unenforceable, the remaining portion will remain in full force and effect.
The headings used throughout these terms are solely for convenience of reference and are not to be used as an aid in the interpretation of these terms.
If iKeedo fails to enforce any parts of these terms, it will not be considered a waiver.
These terms make up the entire agreement between you and iKeedo regarding the site and supersede any prior agreements.
These terms do not confer any third party beneficiary rights.
You will not assign or transfer any of your rights or responsibilities under these terms to anyone without iKeedo’s express written permission.
iKeedo may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in these terms shall prevent iKeedo from complying with the law.
iKeedo 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
If you have any questions about these terms, contact us at firstname.lastname@example.org.