Introduction and Overview
By using the Round Up App Services, you may track “Round Ups”, and donate (via our payment gateway outside of the App and Site) to charities. Commercially reasonable best efforts will be made to send your contributions to the charity you specify within the App, and will be sent to a similar charity if contributions cannot be sent to your specific charity for any reason. Round Ups are calculated as the difference between a final (after tax, tip, etc.) transaction price on a credit or debit card transaction and the next whole incremental amount. For example, the Round Up on a $2.75 purchase would be $0.25. In the case of a whole dollar final transaction price, the Round Up calculated will be $0.00, unless you have chosen to round up whole dollar amounts from within the app. We may from time to time allow you to modify the way your Round Ups are calculated, for example, by allowing you to choose to donate 1x, 2x or 3x your Round Ups each month, or some other multiple.
Registration and Account Creation
If your account becomes inactive (you have linked card accounts but they are all turned off and no donations are being processed), we reserve the right to remove those links at our sole discretion. You will be able to reactivate those links and resume donations at any time.
Charitable Donations and Donation Acknowledgement
Partner charities receiving donations via the Round Up App platform are provided information on the donors contributing to their charity each month, for the purpose of allowing these nonprofit organizations to issue charitable donation receipts for tax purposes, send thank you messages, communicate updates on the impact of your donations, or send other messages. Tax receipts are issued by the charities themselves, and are not issued by Round Up and Donate, Inc. Charities are solely responsible for issuing charitable donation receipts, at their sole discretion. Round Up and Donate, Inc. does not represent, warrant, or guarantee that you will receive any such documentation or that the IRS will ultimately recognize your contribution as being tax deductible, whether in full or in part. You should seek the advice of your tax professional to determine whether your contribution qualifies for a charitable income tax deduction. Round Up and Donate, Inc. does not provide legal or tax advice, and nothing contained herein or anywhere in the Site, App or Services should be construed as such.
Content and Rights
Copyright Policy and Copyright Disputes
We respect the intellectual property rights of others and ask that users of our Site, App and Services do the same. In connection with our Site, App and Services, we have implemented a policy respecting copyright law that provides for the removal of any infringing Materials and for the termination, in appropriate circumstances, of users of our Site, App and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, App and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing Material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. 512(c)) must be provided to our designated copyright agent: (a) your physical or electronic signature; (b) identification of the copyrighted work(s) that you claim to have been infringed; (c) identification of the Materials on our services that you claim is infringing and that you request us to remove; (d) sufficient information to permit us to locate such Material; (e) your address, telephone number, and email address; (f) a statement that you have a good faith believe that use of the objectionable Materials are not authorized by the copyright owner, its agent, or under the law; and (g) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyrighted owner. Please note that, pursuant to 17 U.S.C. 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects to the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. Our copyright agent may be contacted via the email address firstname.lastname@example.org.
Links to External or Third Party Sites
The Round Up App Site and the App itself may contain links to other independent third-party web sites, and we provide links to third-party websites as part of the Round Up App Services (in all cases “Linked Sites”). We are not responsible for and do not endorse or vouch for the truthfulness, accuracy, or usefulness of the content of such Linked Sites, including any products, information or materials contained on such Linked Sites. In no case can Round Up and Donate, Inc., be held liable for information on such Linked Sites.
You may not use the Site, App or Round Up App Services for any illegal or unlawful or malicious or deceptive activities, or for activities that we deem improper for any reason whatsoever in our sole judgment, including, without limitation, the laundering of proceeds of any unlawful activity, the financing of terrorism, the commission of fraud or market manipulation, the harassing or making of disparaging comments to any user or charity of the Round Up App Services. We reserve the right to take preventative or corrective actions to protect ourselves and our users. We reserve the right to disallow contributions to any charity if new information comes to light as per the legality of their operations and will only allow contributions to charities described under the Permitted Uses section above. If a charity no longer qualifies as a charity under the Permitted Uses section above or otherwise does not accept contributions, we reserve the right to send the contributions to a similar organization that is eligible to receive contribution under 170(b)(1)(A) of the Internal Revenue Code. While all organizations listed on the Round Up App are 501(c)3 charities and eligible to receive tax deducible donations, we cannot guarantee that this is the case or that circumstances have not changed since an organization originally joined the platform, or that we were mistaken or misled as to their charitable status before or when the organization joined the platform. Types of organizations to which we allow contributions are subject to change. Your use of the Site, the App and Round Up App Services is conditioned in part on your compliance with the rules of conduct provided herein, and your failure to comply may result in termination of your access to and use of the Round Up App Services and liability for damages caused by your noncompliance. In addition to the foregoing, while using the Site, the App and Round Up App Services, you may not, except as may be expressly set forth above under “Permitted Uses” (a) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another user’s account without permission, or solicit another user’s login information; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Round Up App Services; (f) “frame” or “mirror” or “hotlink” any portion of the Round Up App Services; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine”, catalogue, export or in any way reproduce or circumvent the navigational structure or presentation of the Round Up App Services; (h) harvest or collect information about or from users or organizations on the Round Up App; (i) use the Site, App or Round Up App Services for any illegal activity; (j) probe, scan or test the vulnerability of the Round Up App Services, nor breach the security or authentication measures on the Round Up App Services or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Round Up App Services, such as a denial of service attack; (k) send or otherwise post unauthorized commercial communications (such as spam); (l) engage in unlawful multi-level marketing, such as a pyramid scheme; (m) post content that is hateful, rascist, threatening or pornographic, incites violence, or contains nudity or graphic or gratuitous violence; (n) access or use any portion of the Content if you are a direct or indirect competitor of Round Up App, or provide, disclose or transmit any portion of the Content to any direct or indirect competitor of Round Up App; (o) use or distribute any Content, including Content that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product; or (p) facilitate, encourage or support any violations of this Section.
Limitation of Remedies
In no event shall Round Up and Donate, Inc. or it’s employees, independent contractors, investors, shareholders or board members, be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages or any damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, the App or related Services, the provision of or failure to provide the Round Up App Services, or for any content, software, products and services made available or obtained via the Site, the App, or their respective content, or otherwise arising out of the use or access of the Site, use of the App or use of the other Services, whether based on contract, tort, negligence, strict liability or otherwise, even if Round Up and Donate, Inc. has been advised of the possibility of damages, any services or content made available or obtained through the use of the Site or the App, and all other use of the Site or App, is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results therefrom.
Arbitration and Applicable Law
Any disputes shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator appointed by the AAA. The arbitrator shall be authorized to award compensatory damages, but shall NOT be authorized to award non-economic damages such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages. Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the arbitrator and AAA; however, the arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Each party shall fully perform and satisfy the arbitration award within (15) days of the service of the award. Judgment on the award may be entered by any court of competent jurisdiction. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of the appeal, the right to bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.
Term of Agreement