Terms of Service
Terms
Last Updated: 3/10/2021
Your access to and use of the GiveGrove websites (“Sites”) and the services offered on the Sites (“Services”) (together, the “Platform”) is conditional upon your acceptance of and compliance with these Terms of Service (“Terms”). These Terms apply to everyone, including but not limited to visitors, Users and others, who wish to access and use the Sites and Services (each, a “User”).
The terms of GiveGrove’s Privacy Policy are expressly incorporated herein, including all defined terms.
By accessing or using the Sites and Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you do not have permission to access or use the Sites.
What is GiveGrove?
GiveGrove is an online fundraising platform designed to help organizations simplify their fundraising needs through the use of easy to implement modules. Users can register on GiveGrove to donate, bid, and vote to help causes they care about. Any fundraiser created on GiveGrove that asks for contributions or donations is hereby referred to as an “Event.”
Your Account and Obligations:
We grant Users on the system a limited, non-exclusive, non-transferable, and revocable license to use our Services subject to the Terms. Users are responsible for their own account and will need to register and create an account with a username and password. You must be 18 years or older to sign up for an account and use our Services.
You may not impersonate anyone else. Using someone else’s account could result in the cancellation of your account. You are solely responsible for maintaining the confidentiality of your account and for all activities associated with your account. If you suspect or discover any unauthorized use of your account, you should immediately notify GiveGrove at info@givegrove.com. To the extent permissible under applicable law, we are not responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of the use of your account with or without your knowledge.
Deleting your account. You may submit a request to delete your account by contacting GiveGrove at info@givegrove.com. GiveGrove may retain your information for a period of time consistent with the original purpose of collection. For instance, GiveGrove may retain your information during the time in which you have an account to use our Sites or Services and for a reasonable period of time afterward. GiveGrove also may retain your information during the period of time needed for GiveGrove to pursue its legitimate business interests, conduct audits, comply with its legal obligations, resolve disputes, and enforce its agreements, but this will not automatically delete all content uploaded, transmitted, or posted to the Sites by a User (“User Content”). All provisions of these Terms survive termination of an account, including our rights to User Content.
Follow the law and our policies. You may not take any action that violates the law, infringes or violates anyone else’s rights, or breaches any agreements you have entered or legal
obligations you have. You may not offer any perks that are illegal, violate any of GiveGrove’s policies, rules, or guidelines (as listed in this agreement), or violate any applicable law, statute, ordinance, or regulation. Be truthful. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
Respect the rights of others. You may not threaten, abuse, harass, defame, or engage in behavior that is libelous, tortious, obscene, profane, or invasive of another person’s privacy. Avoid spam and unsolicited communications. You may not distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Platform.
Respect the property of others. You may not distribute software viruses, or anything else designed to interfere with (1) the proper function of any software, hardware, or equipment on the Site, or (2) the use of the Platform by any other User. You may not access the Platform if we have prohibited you from doing so.
Do not engage in activities that affect the functioning of the Platform. You may not bypass any measures that we have put in place to secure the Platform, take actions to gain unauthorized access to any system, data, passwords, or other GiveGrove or User information or Services, reverse engineer, or take apart any aspect of the Services to access any underlying information, or use any kind of software to “crawl” or “spider” any part of the Site.
Respect privacy. When you use GiveGrove as an administrator, you may receive information about other Users, including personally-identifiable information (“PII”) such as names, email addresses, and physical addresses. This information is provided purely for the purpose of fulfilling the donations or bids for the applicable Event and may not be used for other purposes, including cross-promotional marketing, without separate, verifiable consent from the User. Users might reach out to you or the Organization regarding being removed from your storage, we ask the Users to review your privacy policy and terms of conditions to figure out how to remove their data. Do not provide personal information about others unless you are authorized or required to do so by applicable law or contract.
Age Requirement. You are at least 13 years of age if you are using the Platform and have the consent of a parent or legal guardian if you are under 18 years of age.
Creating and Running an Event
An Event Administrator is an individual who has administrative access to an Event(s), to those who have administrative access to an organization account on GiveGrove, and, by reference, to the Organization(s) those individuals may represent. When you, as an Event Administrator, create an Event on GiveGrove and ask for contributions or donations, you understand that you are entering into separate legal agreements with those who make contributions or donations (each a “Donor”) and the following rules apply (in addition to the other Terms and Additional Policies).
Service Fees. GiveGrove does not charge any fees for creating an account or running an Event. However, GiveGrove does collect a percentage of each transaction, including contributions and donations that takes place on the GiveGrove Sites (“Service Fees”). Service
Fees are effective on the date that the Service Fees are posted, and will be announced on the Sites. Service Fees are non-refundable.
Refunds. GiveGrove offers a limited refund to Donors on a case by case basis. Refunds outside of those cases must be handled by the Event Administrator, and GiveGrove has no obligation to provide any refunds or become involved with any dispute between an Event Administrator and Donors. GiveGrove reserves the right to terminate User accounts and remove Events for any reason, including but not limited, issues revolving around refunds.
Limited Refund. GiveGrove offers a limited refund to a Donor when the donation has been made in error and GiveGrove is contacted at info@givegrove.com, or the Donor has not received an item and a good faith attempt has been made to resolve the matter with the Organization. GiveGrove reviews refunds on a case by case basis. In any situation where refunds are not available as a result from our review, a Donor should contact the Organization directly to request a refund. GiveGrove may at its discretion facilitate communications between an Event Administrator and Donor, but has no obligation to do so or to become involved in any way in any dispute.
Legal obligations of Event Administrator
As an Event Administrator, you are entering into a legal agreement with a Donor when they make a donation to your Event, which includes the following obligations (in addition to the other Terms and Additional Policies):
∙ Make good faith efforts to fulfill the purchases or winnings associated with an Event in the timeframe that is communicated to Donors.
∙ Immediately notify Donors if there are obstacles or delays in fulfilling the purchases or winnings associated with an Event.
∙ Respond promptly and truthfully to all questions posed to you by Donors. ∙ Provide substantive and quality updates during the duration of an Event hosted on the Platform.
∙ Issue refunds for contributions or donations received if you are unable to deliver purchases or winnings associated with your Event
∙ Comply with all applicable laws and regulations in the use of contributions and donations and delivery of purchases and winnings.
∙ Comply with all applicable laws and regulations per your state for running a fundraising event. This includes but is not limited to, auctions, raffles, peering fundraising events, and ticket sales. Laws, rules, and regulations pertaining to nonprofit organizations and fundraising vary from state to state. In addition, any organization that is using GiveGrove to auction or sell alcoholic beverages must comply with their local and state laws.
Please remember that as an Event Administrator, you are solely responsible for fulfilling the obligations of your Event and delivering purchases and winnings. If you are unable to do this, or any of your other legal obligations, you may be subject to legal action by Donors.
Donating to an Organization
When a User makes a contribution or donation to an Organization through GiveGrove, that User understands that the following rules and terms apply (in addition to any other applicable terms or policies, including GiveGrove’s Privacy Policy).
Voluntary Contributions. All contributions and donations are made voluntarily and at the sole discretion and risk of the Donor.
No Guarantee. The date to deliver a purchase or winning is an estimate by the Event Administrator (not GiveGrove) and there is no guarantee that the Event Administrator will fulfill and deliver the purchase or winning by a certain date. GiveGrove does not guarantee that donations will be used as promised, the Event Administrator will deliver a purchase or winning, or that the Event will achieve its goals. GiveGrove also does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality, or legality of any Event, donation, or purchase or winning, or the truth or accuracy of User Content posted on the Sites.
Credit Card Charges. When you contribute or donate to an Event, your card will be charged the amount of the contribution or donation after you confirm and submit your payment information.
Communications Between the Organization and Donors. Once you have made a donation to an Event, the Event Administrator may need to contact you to obtain additional information such as shipping address, specific preferences for a winning or purchase, or may ask for your feedback on the Event or the purchase or winning. In some instances, to receive the purchase or winning, you may need to provide the requested information within the requested time frame to receive the purchase or winning, otherwise, it will not be fulfilled.
Organizations should not ask for information that is not required to fulfill a purchase or winning and should not request sensitive personal information such as a social security number or credit card/banking information. Please contact GiveGrove at info@givegrove.com if you receive a request for information that appears to be excessive. Please refer to GiveGrove’s Privacy Policy for more information.
When a User bids on an item in GiveGrove, the User gives the Organization the right to close the auction and charge your credit card. When this happens, you’ll receive an emailed receipt. If a payment fails, you grant the Organization the right to recharge or refund the payment as necessary.
Taxes are your responsibility. Donors are solely responsible for determining how to treat their contributions or donations and receipt of any purchases or winnings for tax purposes.
GiveGrove’s Role:
We do not endorse any User Content. While GiveGrove supports the creation of Events, we only provide the Platform for Users to interact. We do not pre-screen any Events or endorse any User Content on the Sites.
We may remove User Content at our discretion. If you see User Content that violates these Terms, please email info@givegrove.com and we may remove it. Removing content or
terminating accounts is not an action we take lightly and we may take a while to investigate and determine if User Content should be removed. We do not communicate our reasons for removing, or keeping, User Content on the Sites.
We do not guarantee purchases, winnings, or refunds. Event Administrators are solely responsible for the delivery of purchases or winnings and offering refunds outside of our refund policy explained above. We do not provide tax or legal advice to Users. Users are solely responsible for determining how the tax laws, or any other laws, apply to running an Event, contributing or donating to an Event, or utilizing any of the Services.
We do not become involved in legal disputes between Users. Though we may facilitate discussions between Users who have disputes with each other, GiveGrove takes no responsibility and does not have any liability for any disputes or violations of agreements between any Users, including between Event Administrators and Donors.
You are responsible for your Events, even if you engage our help. GiveGrove may offer services to Users, including without limitation, helping with drafting Event content, assisting with the design of Events, and referring vendors and other service providers to Event Administrators. Such services will be subject to separate agreement between Event Administrators and GiveGrove. Even if we help with your Event, Events and related parent Organizations remain solely responsible for the Event and must comply with all obligations herein as the only responsible party for the Event.
Intellectual Property
GiveGrove’s Intellectual Property Protection. Unless specified otherwise, the Platform and all content and other materials on the Platform, including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “GiveGrove’s Intellectual Property”) are the proprietary property of GiveGrove and are protected by copyright law, trademark law, trade secret law, and other laws germane to the protection of intellectual property rights. Users understand and agree that their use of the Platform in no way gives Users a right, title, or interest in GiveGrove’s Intellectual Property.
License to GiveGrove’s Intellectual Property. GiveGrove grants you a limited, worldwide, non-exclusive, non-sublicensable, non-transferable license to access and use User Content and any content provided by GiveGrove in connection with the Services, including, without limitation, the software, the products and the site (“GiveGrove Content”), solely for use of the Services, in accordance with these Terms. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any User Content or GiveGrove Content unless we give you explicit permission to do so. User Content and GiveGrove Content is licensed, and not sold, to you. We reserve the right to revoke this license to access and use User Content and GiveGrove Content granted to you at any time.
Prohibited Activities. Users agree to use GiveGrove and the features and Services provided through GiveGrove only as they are obviously intended to be used. All other uses are strictly prohibited. Users agree not to (and not to encourage or assist a third party to) disassemble,
reverse engineer, or otherwise attempt to discover, copy, or transmit, any source code underlying the Sites or the software, features, or Services provided therein.
User Content. By posting, uploading, or transmitting content or information to, or through, the Sites, Users grant GiveGrove a nonexclusive, irrevocable, worldwide, sub-licensable (through multiple-tiers), royalty-free license to copy, store, transmit, publish, publicly display, publicly perform, and otherwise use this content or information to operate GiveGrove as GiveGrove reasonably sees fit. Users warrant that they have the authority to grant such license.
Your Intellectual Property. User Content remains the User’s property and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws. By submitting User Content to the Platform, you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to User Content. We can make changes to or delete User Content. You grant us the right to make changes, edits, modifications, translations, formatting, or otherwise change or delete any User Content. You have all legal rights to User Content. You represent and warrant that: (1) you have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to GiveGrove with respect to your User Content; (2) your User Content does not and will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law; and (3) we shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use of your User Content or have any liability to a User or any other party as a result of any use or exploitation of your User Content.
How to report Copyright and covered other Intellectual Property issues
GiveGrove takes intellectual property rights very seriously. GiveGrove complies with intellectual property laws and industry best practices in order to maintain the integrity of the Platform and its Services. The Digital Millennium Copyright Act (“DMCA”) sets out the legal system to report notices of alleged copyright infringement. GiveGrove will respond to notices of alleged infringement if they comply with the law and the requirements set forth in the intellectual property policy explained above. Requests can be sent to GiveGrove by email at info@givegrove.com. We reserve the right to delete or disable User Content alleged to be infringing, and to terminate User accounts for repeat infringers (at our sole discretion).
GiveGrove has the right to monitor, terminate, suspend, or delete any account at any time for any reason or no reason. It is GiveGrove’s policy not to comment on any reasons for termination and GiveGrove has no obligation to provide a reason for termination.
GiveGrove will not have any liability to any User or third parties for any use of the Services associated with a User account or an Event. Upon termination, Users must cease all use of the Services and User Content. All representations and warranties shall survive termination.
Third-Party Websites
The Sites may link to, or be linked to, other websites not maintained by or related to GiveGrove. Such links are provided only as a service to our visitors. GiveGrove is not directly or indirectly implying any approval, association, sponsorship, endorsement or affiliation with any linked or linking website, unless specifically stated on the Sites. GiveGrove has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites. Users link to any other pages or websites at their own risk, and Users of such websites will be controlled by the terms of use posted on that site. Users should review the terms of use of any website to which you navigate.
Payment Services
Credit card payment processing services for Organization’s on the GiveGrove Platform are provided by Stripe, Inc. ("Stripe"). As a condition to GiveGrove enabling credit card payment processing services through Stripe, you agree to provide GiveGrove and Stripe accurate and complete information about you and your business, and you authorize GiveGrove to share any such information with Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.
System Outages and Maintenance. GiveGrove or it’s third party partners may be unavailable for scheduled maintenance and other purposes, or because of unplanned outages or other malfunctions. GiveGrove is not responsible if the Platform is unavailable, or if you lose any data, information, or User Content for any reason.
Unsolicited Idea Submissions
GiveGrove is always pleased to hear from Users, and welcome their comments or suggestions. A “Submission” is any submission, comment, or suggestion (including, but not limited to, ideas, products, or services, know-how, concepts, and suggested changes) sent to GiveGrove via the Platform or any other manner about an existing product or service on, or a feature of, or a proposed addition to, the Platform. If you send us a Submission, you agree all such Submissions are non-confidential and non-proprietary and will be treated as non-confidential and non-proprietary. Users should not send confidential or proprietary Submissions to GiveGrove via the Platform or through other means such as email. By submitting a Submission, you hereby grant GiveGrove a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of and display the Submission in connection with the Services, and for GiveGrove’s (and its successor's) business, including without limitation, for promoting and redistributing part or all of the Submission (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to the User providing the Submission or others. While GiveGrove appreciates ideas, it is under no obligation to evaluate, review, or use any Submission.
Customer Data and Security
GiveGrove stores all User data with a variety of third-party platforms. More Information on GiveGrove’s third-party services and where your information is shared can be found in our Privacy Policy.
Indemnity
You agree to defend, indemnify and hold harmless GiveGrove, its subsidiaries and affiliated companies, and their officers, directors, employees, partners, contractors, representatives, agents, and third-party providers from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys' fees and costs) and all amounts paid in settlement arising from or relating to, breach of these Terms or violation of any laws. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you have agreed to indemnify us and you agree to assist and cooperate with us as reasonably required in the defense or settlement of any such matters.
No Warranty
GIVEGROVE HAS NO FIDUCIARY DUTY TO ANY USER. THE SERVICES, GIVEGROVE CONTENT, USER CONTENT, AND ANY OTHER MATERIALS MADE AVAILABLE OR THROUGH THE USE OF THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON
INFRINGEMENT OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GIVEGROVE AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. GIVEGROVE AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE PLATFORM OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY SERVICES AVAILABLE ON ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF GIVEGROVE OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE THROUGH THE USE OF THE SERVICES, OR ON THIRD PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD-PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK.
Disclaimer of Liability
Use of the Platform is at the risk of the User. GiveGrove makes no representations about the quality, safety, morality or legality of any Organization, Event, purchase, winning, contribution, or donation, or the truth or accuracy of User Content posted on the Platform. GiveGrove does not control or endorse User Content posted on the Sites and, as such, does not guarantee in any manner the reliability, validity, accuracy or truthfulness of such User Content. GiveGrove is not liable for any damages or losses related to your use of the Platform or Services. GiveGrove does not become involved in disputes between Users, or between Users and any third party relating to the use of the Platform. When Users utilize the Platform, they release GiveGrove from claims, damages, and demands of every kind - known or unknown, suspected or unsuspected, disclosed or undisclosed - arising out of or in any way related to such disputes and the Services. All content that you access or use through the Services is entirely at your own risk and you are solely responsible for any resulting damage or loss to any party.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM, SERVICES, AND USER CONTENT, AND ANY CONTACT YOU HAVE WITH OTHER USERS OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER GIVEGROVE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GIVEGROVE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM OR SERVICES; (F) ANY COMMUNICATIONS OR OTHER INTERACTIONS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; OR (G) YOUR EVENTS OR CONTRIBUTIONS. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF GIVEGROVE AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, SERVICES, OR USER CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO GIVEGROVE BY YOU HEREUNDER, OR ONE HUNDRED U.S. DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.
Raffle and Sweepstakes Campaign Indemnity and Waiver of Claims
EVENT ADMINISTRATORS RECEIVING CONTRIBUTIONS FROM RAFFLE AND SWEEPSTAKES CAMPAIGNS ON THE PLATFORM ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL LEGAL, REGULATORY AND TAXING REQUIREMENTS THAT ARE APPLICABLE TO THEIR CAMPAIGN, ORGANIZATION AND JURISDICTION.
GiveGrove makes no representation or warranty regarding the legality of any raffle or sweepstakes Event contemplated by the Terms of Use.
As an Event Administrator receiving contributions and donations from a raffle or sweepstakes Event(s) on the Platform, you acknowledge and agree with the following:
∙ GiveGrove has not sought, will not in the future seek, and is not obligated to seek, a ruling from any regulatory authority to determine whether your raffle and/or sweepstakes Event(s) complies with applicable laws regulations, or taxing requirements in any jurisdiction.
∙ You represent and warrant that you have relied upon your own counsel and advisors regarding any and all guidance with respect to the Event(s) contemplated in the Terms. ∙ You agree to indemnify and hold GiveGrove harmless from any and all claims by any Donor or other person or entity as a result of any Event being disallowed in whole or part by any regulatory authority FOR ANY REASON.
∙ YOU HERBY WAIVE ANY AND ALL CLAIMS, CAUSES OF ACTION, REMEDIES, DAMAGES, COSTS, EXPENSES, AND LOSSES, WHATSOEVER, AGAINST OR FROM US AS MAY ARISE OUT OF OR RELATE TO THE EVENT(S) CONTEMPLATED IN THE TERMS, including, but not limited to, the legality of your raffle or sweepstakes Event(s).
∙ You are expressly responsible for separately providing the official rules for your sweepstakes Event prior to publishing your Event(s) or soliciting entries, contributions, or donations. You agree that your use of the provided sweepstakes details and official rules template fully and completely constitutes your acceptance and approval of these rules as your own.
∙ You are expressly and solely responsible for ensuring that your raffle and/or sweepstakes Event(s) is approved for use in all jurisdictions where you may solicit contributions or donations, and you further agree to disallow or void any contribution or donation or entry from jurisdiction(s) not approved.
∙ You acknowledge that any registrations, licenses, surety bonds, or other requirements that may apply to your Event(s) are your responsibility to identify and complete prior to soliciting contributions or donations.
∙ You are expressly responsible for providing an affidavit of eligibility and liability/publicity release to the potential winner(s) of your raffle or sweepstakes Event(s) as required by any regulatory authority.
∙ You are expressly responsible for providing any applicable taxing authority documentation to the winner(s) of your raffle or sweepstakes Event(s), including but not limited to, an IRS Form 1099.
Waiver and Release (for CA Residents)
The following applies to Users in a jurisdiction that requires a specific statement regarding waiver and release. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." You waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
Legal Disputes not subject to arbitration will be handled in South Bend, Indiana and subject to Indiana Law.
GiveGrove is based in South Bend, Indiana. For any actions not subject to arbitration, you and GiveGrove agree to submit to the personal jurisdiction of a state court located in South Bend, Indiana or the United States District Court for Northern Indiana. The Terms and the relationship between you and GiveGrove shall be governed in all respects by the laws of the State of Indiana, without regard to its conflict of law provisions.
Dispute Resolution, Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
We encourage you to contact us if you have an issue, as most issues can be resolved without the involvement of a court or arbitrator. If negotiations do not resolve any disputes relating to your use of GiveGrove or these Terms, you and we agree to submit the dispute to arbitration. The only exceptions to arbitration are (1) for intellectual property claims alleging misuse, infringement, or misappropriation of intellectual property; (2) for claims falling within the jurisdiction of small claims court; and (3) where you have opted out of arbitration in accordance with these Terms.
Full Agreement
These Terms are the entire agreement between you and GiveGrove with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and GiveGrove with respect to the Services and govern our relationship. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. GiveGrove’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision
Miscellaneous
We may modify or discontinue the Services at any time, at our sole discretion. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and GiveGrove’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.