Terms of Service

Version 2.0 — February 2017

Welcome to Everybody Helping and congratulations on choosing to do what you can for the important causes that you love. Everybody Helping is a trademark of ehco Giving, Inc. (“Everybody Helping”, “ehco”, “we” or “us”).

You agree to be bound by these terms of use (“Terms of Use”) by doing any of the following:

1. By accessing or using any of the Everybody Helping websites (collectively, the “Websites”),
2. By accessing or using any of the Everybody Helping services, or any applications (including mobile applications) made available by Everybody Helping (collectively, the “Services”), like making donations, or
3. Nonprofit organizations who may receive donations through Everybody Helping’s Services, but do not subscribe to Everybody Helping’s Services

The terms “you,” “your,” or “User” shall refer to any individual or entity who accepts these Terms of Use by using the Websites or the Services. If you are using the Services on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. By accessing and using the Websites or Services, or receiving donations through Everybody Helping, you signify that you have read, understand, acknowledge, and agree to be bound by the following Terms of Use.

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. You may not use the Websites or Services and may not accept these Terms of Use if you are not of legal age to form a binding contract with Everybody Helping. If you do not agree to these Terms of Use, you may not use the Websites or Services or receive any donations through Everybody Helping. Any use of the Websites or Services in violation of these Terms may result in termination or suspension of your permission to access or use the Websites and Services.

Note that there may be times when we offer a special feature or service, like a subscription-based service, or a special feature or service provided by one of our many partnering organizations that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature, service, or application control to the extent there is a conflict with these Terms of Use.

We reserve the right, in our sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. We will make reasonable efforts to provide you with notice if the Updated Terms contain any material and substantive changes to your use of the Websites or Services. You agree that we may notify you of the Updated Terms by posting them on the Websites or Services, and that your use of the Services after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Services. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Services from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.

1. INTELLECTUAL PROPERTY

All trademarks, service marks, and trade names on the Websites, including the Everybody Helping marks (collectively the “Marks”) are trademarks or registered trademarks of ehco Giving, Inc. and are proprietary to us or other owners that have granted Everybody Helping the right and license to use such Marks. Everybody Helping owns all rights, title, and interest in the Websites and Services, all text, content, graphics, interfaces, code and materials, the look and feel, selection and arrangement, design, and organization of the Websites and Services, and the compilation of the content, code, data, and materials on the Websites and Services, including all intellectual property and proprietary rights (collectively, the “Content”). The Websites, Services, and Content are copyrighted and are the property of ehco Giving, Inc. We may change the Websites or Services or delete Content or features at any time, in any way, for any or no reason.

Except as we specifically agree in writing, no Content from the Websites may be used, reproduced, transmitted, distributed, or otherwise exploited in any way other than as part of the Websites. Requests for written consent may be made via email to support@everybodyhelping.com.

Everybody Helping shall be the sole and exclusive owner of the Services, Websites, and Content, all new versions, improvements, enhancements, additions, and modifications to the Services, Websites, or Content, all copyright, patent, trade secret, trademark, and other intellectual property rights related to the Services, Websites, and Content, and all tangible media on which the Services, Websites, and Content are maintained. You shall have no claim or right whatsoever with respect to the Services, Websites, or Content except for the limited license to use the Services, Websites, and Content granted herein. You may not use, copy, modify, transfer, or make any derivative works of all or any part of the Services, Websites, or Content, or any copy, adaptation, transcription, or merged portion thereof, except as expressly permitted hereunder. You may display and download specific Content from the Websites and Services solely for your own personal, non-commercial use. Otherwise, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell, or otherwise exploit the Websites, Services, or Content. If you undertake any such prohibited action, your license shall be automatically terminated.

1. Content

You are solely responsible for the development, operation, maintenance, and use of Your Content. For example, you are solely responsible for:

1. Backing up and securing Content at the Application level, except as delineated in a Business Associate Agreement you may enter into with us, or to the extent backups or security controls are provided as part of the Services;
2. Compliance of Content with the Acceptable Use Policy, other Policies, and any applicable laws or regulations;
3. Any claims relating to Your Content; and
4. Properly handling and processing notices sent to you (or any of your affiliates) by any person claiming that Your Content violates such person’s rights, including notices pursuant to the Digital Millennium Copyright Act.

You represent and warrant to us that:

1. You or your licensors own all right, title, and interest in and to Your Content and Applications;
2. You have all rights in Your Content and Applications necessary to grant the rights contemplated by this Agreement;
3. None of Your Content, Applications or End Users’ use of Your Content or Applications, or the Services, will violate the Acceptable Use Policy; and
4. You will set up a process to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.

Everybody Helping responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. Please see Section 7 of this Agreement. We reserve the right to take Remedial Action upon receipt of a valid DMCA notice.

2. Proprietary rights

In general, except as expressly set forth below in Sections 8 and 9, this Agreement does not grant either party any rights, implied or otherwise, to the other’s Content or any of the other’s intellectual property. As between the parties, you own all intellectual property rights in your Applications and customer data, and we own all intellectual property rights in the Services.

Notwithstanding that general principle:

1. You consent to our use of Your Content to provide the Services to you and any End Users;
2. We may disclose Your Content to provide the Services to you or any End Users;
3. We may disclose Your Content to comply with any request of a governmental or regulatory body (including subpoenas or court orders); and
4. If you provide any suggestions to us, we will own all right, title, and interest in and to your suggestions, even if you have designated the suggestions as confidential. We and our affiliates will be entitled to use your suggestions without restriction. You hereby irrevocably assign us all right, title, and interest in and to your suggestions.

3. Digital Millennium Copyright Act

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Everybody Helping Services, please notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

Submit the above information to:

ehco Giving, Inc.

Attn: DMCA Notices

8920 Business Park Dr. #250

Austin, TX 78709

Everybody Helping will promptly terminate without notice the accounts of users that are determined by Everybody Helping to be “repeat infringers.“ A repeat infringer is a user who has been notified of infringing activity or has had Content removed from the Service at least twice.

This procedure is exclusively for notifying Everybody Helping that your copyrighted material has been infringed. This policy is intended to protect and comply with Everybody Helping’s rights and obligations under the DMCA, including 17 U.S.C. § 512(c), but does not constitute legal advice. You should contact an attorney for counsel regarding your specific legal rights and obligations.

2. ACCEPTABLE USE

The examples described in this policy are not exhaustive. We may modify this policy at any time by posting a revised version on the Everybody Helping Site. By using the Services or accessing the Everybody Helping Site, you agree to the latest version of this policy. If you violate this policy or authorize or help others to do so, we may suspend or terminate your use of the Services.

WE RESERVE FULL AND FINAL DISCRETION AS TO WHETHER CERTAIN USES VIOLATE THIS ACCEPTABLE USE POLICY. YOU AGREE THAT OUR DETERMINATION IS FINAL.

1. No Illegal, Harmful, or Offensive Use or Content

You may not use, or encourage, promote, facilitate or instruct others to use, the Services or Everybody Helping Site for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive.

Prohibited activities or content include:

• Illegal Activities: Any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography.
• Harmful or Fraudulent Activities: Activities that may be harmful to others, our operations or reputation, including offering or disseminating fraudulent content, goods, services, schemes, or promotions (e.g., make-money-fast schemes, Ponzi and pyramid schemes, phishing, or pharming), or engaging in other deceptive practices.
• Infringing Content: Content that infringes or misappropriates the intellectual property or proprietary rights of others.
• Offensive Content: Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.
• Harmful Content: Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
• No High Risk Activities

You agree not to use the Services for High Risk Activities, as defined in the Everybody Helping Terms of Service.

• No Security Violations

You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”).

Prohibited activities include:

• Unauthorized Access: Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
• Interception: Monitoring of data or traffic on a System without permission.
• Falsification of Origin: Forging TCP/IP packet headers, e-mail headers, or any part of a message describing its origin or route. This prohibition does not include the use of aliases or anonymous remailers.
• Hacking: Interfering with the security-related features of the Services

2. No E-Mail or Other Message Abuse

You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another Internet service provider if those messages violate this policy or the acceptable use policy of that provider.

• No Network Abuse
• You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them.

Prohibited activities include:

• Monitoring or Crawling: Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
• Denial of Service (DoS): Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
• Intentional Interference: Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
• Operation of Certain Network Services: Operating network services like open proxies, open mail relays, or open recursive domain name servers.
• Avoiding System Restrictions: Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
• Malware: Uploading or otherwise any disseminating viruses, adware, spyware, worms, or other malicious code.

You agree not to take any action (directly or indirectly) that imposes or may impose (as determined by Everybody Helping in our sole discretion) an unreasonable or disproportionately large load on Everybody Helping’s or its third party providers’ infrastructure.

• No Trolling

You agree not to:

• Access the Services to bring an intellectual property infringement claim against Everybody Helping or any of Everybody Helping’s affiliates, customers, vendors, business partners, or licensors;
• Develop or create a competing product or service;
• Copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract the source code of the Services or any component thereof;
• Sub-license, resell, or distribute the Services or any component thereof separate from any integrated application;
• Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
• Post, upload, or distribute any Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
• Perform any fraudulent activity, including impersonating any person or entity or claiming a false affiliation; misrepresenting the source, identity or content of information transmitted via the Services; accessing any other Service account without permission, or falsifying your age or date of birth.

3. Our Monitoring and Enforcement

We reserve the right, but do not assume the obligation, to investigate any violation of this policy or misuse of the Services or Everybody Helping Site. We may:

• Investigate violations of this policy or misuse of the Services or Everybody Helping Site;
• Remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the Services or the Everybody Helping Site; and
• Report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this policy.

4. Reporting Violations of Unacceptable Use

If you become aware of any violation of this policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation.

To report any violation of this policy, please email us at legal@everybodyhelping.com.

You acknowledge and agree that:

• You will not use the Websites or Services in connection with pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise).
• You will not publish, post, upload, distribute, or disseminate any materials that violate any legal rights (such as rights of privacy and publicity, intellectual property rights, or any other legal rights) of others, or otherwise violate any such rights using the Websites or Services.
• You will not publish, post, upload, distribute, or disseminate any profane, defamatory, obscene, indecent, or unlawful topic, name, image, material or information.
• You will not publish, post, upload, distribute, or disseminate any content that, in the sole judgment of Everybody Helping, is objectionable, or which may expose the Websites, Services, or their users to any harm.
• You will not publish, post, upload, distribute, or disseminate any topic, name, material, or information that incites discrimination, hate, or violence towards one person or a group because of their race, gender, sexual orientation, religion, or national origin, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
• You will not upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
• You will not download any file or information that you know, or reasonably should know, cannot be legally distributed in such manner.
• You will not falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• You will not restrict or inhibit any other authorized user from using and enjoying the Websites or Services.
• You will not violate any applicable laws or regulations.
• You will not create a false identity for the purpose of misleading others.

We take no responsibility and assume no liability for any content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is Everybody Helping liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. Everybody Helping is not liable for any statements, representations, or content provided by its Users on the Websites or through the Services. Although we have no obligation to screen, edit, or monitor any of the content posted to or distributed through any interactive area of the Websites or through the Services, we reserve the right, and have sole discretion, to remove without notice any content posted or stored on the Websites or through the Services.

3. INDEMNIFICATION

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives, and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities, and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your use of the Websites, Services, Content, and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

You agree to defend, indemnify, and hold harmless Everybody Helping and The Everybody Helping Foundation, a Texas nonprofit corporation and donor advised fund (tax ID 81–4858492)(“EHF-DAF”), their parents, subsidiaries, affiliates, and their respective officers, directors, agents, distributors, franchisees, and employees against any loss, damage, expense, or cost, including reasonable attorneys fees (including allocated costs for in-house legal services) arising out of any claim, demand, action, suit, investigation, arbitration, or other proceeding by a third party based on (i) your material breach or the inaccuracy of any covenant, duty, representation, or warranty set forth in these Terms of Use, (ii) materials contained on your website (including any allegation that such materials infringe a third party’s proprietary rights), and (iii) any other aspect of your activities or your website and the content thereon.

4. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, LOST DATA, PERSONAL INJURY (INCLUDING DEATH), AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE WEBSITES, SERVICES, OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITES OR SERVICES OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE WEBSITES OR SERVICES. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS, OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS CONTAINED HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

5. CONTACT

When you, as an individual donor, enter your contact information to sign up for a Everybody Helping account, you agree and consent that Everybody Helping may send you communication relating to our products, events, or recommended nonprofit organizations. When you, if a nonprofit, submit your organization’s contact information to sign up for an account with Everybody Helping, you agree and consent that Everybody Helping may send your organization communication relating to our products, events, or other business information. Please contact us at support@everybodyhelping.com to opt out of receiving such communication.

6. CUSTOMER DATA

You shall be solely responsible for the quality and accuracy of all data that you enter into the Websites and Services. Except as otherwise provided in these Terms of Use, as against Everybody Helping, such data shall be your sole property. We respect and honor the confidentiality of your data, including donor information, financial information, member data, etc. Accordingly, Everybody Helping will exercise reasonable care to (i) keep all data pertaining to you and stored in the Services private and secure and (ii) not disclose such data to anyone except employees, agents, and contractors of Everybody Helping who need to know the same in order to facilitate the performance of their duties.

Everybody Helping will exercise reasonable care in the protection of your data and will maintain reasonable data integrity safeguards against the deletion or alteration of your data. Please note that Everybody Helping’s use of your data will be in accordance with our Privacy Policy, which can be found at https://www.everybodyhelping.com/privacy.

7. IMPROVEMENTS

Everybody Helping may update or otherwise modify the Services or Websites at any time for any reason in Everybody Helping’s sole discretion. Everybody Helping may shut down the Services or Websites for maintenance and development work when necessary. Everybody Helping shall have no obligation whatsoever to customize, modify or improve the Services or Websites.

THE CONTENT, THE WEBSITES, THE SERVICES, OR ANY THIRD PARTY WEBSITES OR SERVICES LINKED TO FROM THE WEBSITES OR OTHERWISE ACCESSED BY YOU IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES, THE SERVICES, OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY WEBSITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

The Services include online help functions and a “Frequently Asked Questions” section to assist you and your access holders in the use of the Services. Everybody Helping currently makes customer support and services available at no cost to You, via telephone and email on weekdays between 8:00AM and 6:00PM Central time, excluding holidays that are recognized by Everybody Helping. However, the provision of such customer support and services is subject to change at any time without notice, in Everybody Helping’s sole discretion.

8. GENERAL PROVISIONS

These Terms of Use shall be construed in accordance with the laws of the State of Delaware, without regards to conflict of laws principles. You hereby irrevocably consent to the jurisdiction of the courts in the State of Texas. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these terms of use, the word “including” is used illustratively, as if followed by the words “but not limited to.” YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE WEBSITES, SERVICES, OR CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

Supply of goods, services, and software through the Websites is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Websites, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services, or software through the Websites if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services, or software to Cuba, Iran, North Korea, Sudan, or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, or Entity List.

We may suspend or terminate your account and your ability to use the Services, the Websites, or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

These Terms of Use constitute the entire agreement between the parties pertaining to the matters set forth herein and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties, except the Everybody Helping Services Agreement, which shall govern the use of the Services by nonprofit organizations that subscribe to our Services.

9. DONATION SERVICES (“Donation Services”)

If you are a nonprofit organization that will be receiving donations through our Donation Services, but do not create a Nonprofit Account (“Nonprofit Account”) to access our Donation Services, these provisions (in addition to all the foregoing) shall apply to you.

1. Limited License

Provided you have registered your organization with GuideStar, Everybody Helping hereby grants to you a nonexclusive, revocable, royalty-free limited license to use a Everybody Helping donation site URL Link (“Link”) and to share a Link to that URL on your website, social media channels, and other appropriate online channels solely as necessary for, and for the purpose of, facilitating online donations to your 501(c)(3) charitable organization.

You agree not to use the Link in a manner that is, or otherwise include materials on your website, social media channels, and other appropriate online channels that are, disparaging of Everybody Helping or GuideStar. You also agree not to use the Link on a website with content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law, as determined by Everybody Helping in its sole discretion.

You understand that Everybody Helping has not authorized, sponsored, endorsed, or approved your website, your organization, or your organization’s activities and agree that the Link shall not be used in any manner that would falsely convey such sponsorship, endorsement, or approval by Everybody Helping. Everybody Helping reserves all proprietary rights in and to the Link and all other Everybody Helping trademarks not expressly granted herein. You agree that Everybody Helping can revoke this license at any time for any or no reason upon notice by Everybody Helping to you and you agree upon receipt of such notice immediately to cease using the Link, if applicable.

You also agree that this license shall be automatically terminated without any action on Everybody Helping’s part should you no longer possess tax-exempt status under Internal Revenue Code (“IRC”) Section 501(c)(3).

2. Representations

In exchange for receiving any donations through the Everybody Helping Donation Services, you represent and warrant to Everybody Helping that at all times you will be receiving donations through our Donation Services:

1. You are recognized by the Internal Revenue Service as exempt from federal income tax under IRC Section 501(c)(3), and have public charity status under Section 509(a)(1) or (2), are not classified by the Internal Revenue Service as a Type III supporting organization under IRC Section 509(a)(3), and will utilize all donations received through use of the Everybody Helping Donation Services in accordance with such tax-exempt status, and your website will not violate any restrictions imposed by applicable law on IRC Section 501(c)(3) entities, including but not limited to those proscribing political activity or proscribing the use of your income or assets for a private purpose;
2. You understand that the contribution to your charity is being made to The Everybody Helping Foundation, a Texas nonprofit corporation and donor advised fund (tax ID 81–4858492)(“EHF-DAF”) that we have partnered with to provide specific donation collection and distribution services, which EHF-DAF will distribute to you, provided that you are a public charity in good standing with the IRS at the time of the distribution and as required by the IRC and Internal Revenue Service, EHF-DAF has exclusive legal control over the donation;
3. You understand you may have obligations to register under, and covenant that you shall fully comply and bear the costs associated with, any and all applicable state and local statutes governing the solicitation of charitable solicitations, including but not limited to fulfilling any registration requirements thereof;
4. You shall promptly notify Everybody Helping of any change in your tax-exempt status, and any inquiry by the IRS or any state or local government regarding the matters described in (a) and (b) above;
5. The donor of any online donation will not receive, nor be promised to receive, any valuable goods or services as a result of such donation, unless we are acting as an agent providing such services on your behalf;
6. You grant Everybody Helping the authority to collect donations on your behalf, and consent to the use of your organization’s name on the Websites; and
7. The Donation Services cannot be used to process membership payments, merchandise payments, or to accept donations that were not made directly by the donor to your organization through the Donation Services.

10. PROCESS OF RECEIVING DONATIONS FROM EVERYBODY HELPING

When a donor recommends to Everybody Helping that it distribute its donations to you, EHF-DAF shall grant 100% of such donations actually collected by EHF-DAF to you (provided you are a public charity in good standing with the IRS at the time of distribution).

You will receive these donation distributions through checks, the aggregate donations totaling at least $10 (“Minimum Distribution Amount”), shall be disbursed to you within thirty (30) days after the end of each month and shall be accompanied by an email statement showing the donations collected and distributed. Please review these donation statements carefully and report any concerns to Everybody Helping in a timely manner; failure to do so will limit your rights and our ability and obligation to respond. Everybody Helping and EHF-DAF shall have the right to update the Minimum Disbursement Amount from time to time in its sole discretion. If donations directed to you do not meet the Minimum Disbursement Amount, EHF-DAF will hold donations to you until the sum of the aggregate donations meets the Minimum Disbursement Amount. Notwithstanding the foregoing, EHF-DAF shall disburse any donations to you at the end of every twelve (12) months, regardless of whether or not such amount is less than the Minimum

1. Disbursement Amount

As donations are not refundable to the donor, EHF-DAF retains the right to distribute donations recommended for you to another charity if you are no longer in good standing as a public charity with the IRS, if you appear on the Office of Foreign Assets Control (OFAC) list of organizations with suspected ties to terrorism or if you have not cashed checks issued by EHF-DAF to you within 3 months of the date of issue.

2. User Data

“User Data” shall mean all information collected by Everybody Helping from any user who makes an online contribution designated for you via the provided Donation Services. “Individually Identifiable User Data” shall mean that subset of User Data which can be reasonably used to identify a specific individual, such as name, address and/or phone number.

Except as provided herein, all User Data shall be deemed to be jointly owned by Everybody Helping and EHF-DAF. Without the express permission of the user, neither Everybody Helping nor NFG-DAF shall sell, rent, or share the Individually Identifiable User Data to you or any other third party. Everybody Helping may transfer or disclose Identifiable User Data to third party service providers as needed in order to provide services to Everybody Helping, and in such cases, the third parties’ use of such information will be restricted solely to their roles in providing those services. Everybody Helping may use Individually Identifiable User Data for statistical analyses and internal business purposes such as identifying fundraising trends. Everybody Helping and EHF-DAF shall maintain and store all User Data in compliance with their then-current privacy and security policies.

Unless you have specifically informed donors of a Privacy Policy that differs from Everybody Helping’s policy, you shall adhere to the Privacy Policy adopted by Everybody Helping. Everybody Helping’s Privacy Policy can be found on its website at https://www.everybodyhelping.com/privacy. Everybody Helping shall release Individually Identifiable User Data to you on a monthly or quarterly basis, as applicable, simultaneous with the donation statement to be provided to you as set forth above; provided, however, that if a User elects anonymity, Everybody Helping shall not disclose such Individually Identifiable User Data to you.

3. Cancelled Donations

1. All donations processed by NFG-DAF are final and may not be refunded.
2. In the event that Everybody Helping receives notification of a charge back or a disputed charge from a credit card company as a result of a donation granted to you:
3. Everybody Helping will contact the donor via email.
4. Everybody Helping will inform the donor how they can continue with their donation, and inform the donor that canceling their donation will require you to refund their contribution to Everybody Helping.
5. If the donor does not respond affirmatively to continue with their donation or clear the charge back with their bank within thirty (30) calendar days, then you will be required to return the charge back donation amount to Everybody Helping within forty-five (45) calendar days from the original email notification.
6. Everybody Helping shall have the right to:
7. Deduct charge back amounts from your future distribution checks until the charge back and related administrative fees are paid in full, if the charge back amount is greater than $100;
8. Terminate your access to the Donation Services; and/or
9. Pursue any necessary legal action in order to recover the disputed charge back amounts. You acknowledge and agree that if Everybody Helping finds you did not, in good faith, attempt to refund Everybody Helping with the charge back amount in question, then you will pay for all of Everybody Helping’s expenses (including, but not limited to, courts costs and attorney fees) related to any legal action initiated for the purpose of recovering the disputed charge back amounts from you.

11. DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF USE, EVERYBODY HELPING MAKES NO, AND EXPRESSLY DISCLAIMS ANY, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE EVERYBODY HELPING DONATION SERVICES, AND ANY OTHER SERVICE, CONTENT, TOOLS, OR RELATED DOCUMENTS OR MATERIALS (IN ELECTRONIC FORM OR OTHERWISE) PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF USE, EVERYBODY HELPING EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE, AVAILABILITY, FUNCTIONALITY, OR ANY OTHER ASPECT OF THE EVERYBODY HELPING DONATION SERVICES. YOU AGREE THAT EVERYBODY HELPING WILL NOT BE LIABLE FOR ANY INTERRUPTIONS OR ERROR IN USING THE DONATION SERVICES. THE PROVISIONS OF THIS SECTION SHALL SURVIVE YOUR CESSATION OF USE OF THE DONATION SERVICES.r