Jul 10, 2023
Welcome to easy-donate (referred to as "easy-donate," the "Company," "we," "our," or "us"). We were created out of a desire to provide more ways for people to express their compassion and our mission is to bring the world closer through giving. We enable users and institutions to raise awareness, funds, and recruit volunteers for good causes. We are the bridge that connects our users to charitable giving of any kind.
By downloading our mobile application, registering on our portal, and/or visiting our website (collectively referred to as the "App"), you acknowledge and agree to be bound by these Terms and Conditions (referred to as the "Agreement" or "Terms"). This Agreement establishes the relationship between easy-donate Inc., the Licensor, located at 1062 Lincoln Ave #1053, San Jose, CA 95125, and you, the Registered User (including donors, volunteers, event-goers, content creators, and/or institutions) (referred to as "You" or "User") (together referred to as the "Parties"). This Agreement applies to both individuals, institutions and their representatives.
Before you begin using the App, we urge you to carefully read the Agreement. By accessing or using the App, you acknowledge and confirm that, if applicable, you possess the authority to enter into this agreement yourself, or on behalf of the institution for which you will be using the App as a registered user. If you do not wish to agree to these Terms and Conditions, or our Privacy Policy, it is essential that you refrain from accessing our website or using the App.
easy-donate is intended for users who are 16 years of age or older. If you do not meet this criteria, accessing or using the App is not permitted.
It is important to note that at the time of this Agreement, easy-donate is only able to accept donations inside of the United States. We apologize for any inconvenience this may cause to our international users, and we are actively working on expanding our donation capabilities to include other countries in the future.
2.1 Please note that any activity deriving from interactions on the App, such as, but not limited to Donations, Volunteering, Event Participation, and/or Content Creation are elective and performed at your own risk. easy-donate Inc. takes proper precautions to ensure safe content and user engagement; however, we cannot guarantee the outcome or results of such elective participation. easy-donate Inc. acts as a facilitator in the promotion of these activities, therefore, we cannot be held responsible for any activities or consequences that may arise from engagement on our App. By using the App and engaging in these activities, you acknowledge and accept that easy-donate Inc. is not liable for any potential risks, damages, or losses incurred during or as a result of your interactions and participation using our App.
2.2 General member account, password and security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to: (a) immediately notify easy-donate at support@easy-donate.com of any unauthorized use of your password or account or any other breach of security; and (b) sign out from your account at the end of each session when accessing the App. easy-donate will not be liable for any loss or damage arising from your failure to comply with this section.
2.3 ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER:
2.4 We may update these Terms without notice, at our discretion. The revised terms will be posted on this page, along with the date of revision. By continuing to use the App after the changes, you accept the new Terms and Conditions. The English version of these terms is legally binding, and any translations are provided for convenience only. In case of any discrepancies, the English version prevails. If you do not agree to the new Terms, please discontinue your use of the App.
2.5 Third-Party Material: easy-donate shall not be held liable for any content or materials provided by third parties or User Content. This includes any errors or omissions in User Content or any loss or damage incurred due to the use of such User Content. easy-donate does not pre-screen User Content but reserves the right to refuse, remove, or allow User Content at its discretion, with or without notice, without any liability to you or any third party for any resulting claims, damages, costs, or losses.
2.6 The Payment Card Industry Data Security Standard (PCI DSS) is a set of requirements mandated by the industry for businesses that handle, process, or store credit/debit card information. Its main objective is to establish controls to safeguard cardholder data and minimize credit/debit card fraud. Easy-donate only partners with Payment Processors who have achieved the highest level of PCI Compliance as a PCI DSS Level 1 Compliance Service Provider.
2.7 We do not guarantee the availability of any Services provided through the App. We reserve the right to remove, edit, or modify any App Content or User Content at our sole discretion, without notice and for any reason. This includes the removal or blocking of App Content or User Content from the Services.
2.8 Non-Discrimination:
easy-donate does not discriminate on the basis of race, color, religion, gender, sexual orientation, gender identity or expression, national origin, age, mental or physical disability, HIV status, genetic information, marital status, ancestry, familial status, use of guide or support animals and/or mechanical aids, or status as a veteran.
3.1 Ownership: The App, including any and all intellectual property rights therein, remains the exclusive property of the easy-donate Inc. This Agreement does not grant You any ownership rights or interests in the App.
3.2 License Grant: Subject to the terms of this Agreement, easy-donate Inc. grants You a non-exclusive, non-transferable, revocable license to use the App for Your use.
3.3 Restrictions on Use:
You shall not, directly or indirectly:
a) Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the App, except to the extent expressly permitted by applicable law;
b) Remove, alter, or obscure any proprietary notices or labels on the App;
c) Use the App for any purpose other than its intended use as described in this Terms and Conditions and/or on our Privacy Policy;
d) Rent, lease, lend, sublicense, distribute, or transfer the App to any third party;
e) Use the App in any manner that violates any applicable laws, regulations, or third-party rights;
f) Copy or reproduce the App except as necessary for backup or archival purposes;
g) Share, disclose, or provide access to the App to any unauthorized individuals or entities;
h) Use the App to develop a similar or competing product;
i) Use the App in any way that compromises the security or integrity of the Licensor's technology or systems.
3.4 This Agreement is effective until terminated. The easy-donate Inc. may terminate this Agreement immediately and without notice if You breach any of its terms. Upon termination, You must cease all use of the App.
3.5 Warranty Disclaimer: The App is provided "as is" without warranty of any kind, whether expressed or implied. Easy-donate Inc. disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The entire risk arising out of the use or performance of the App remains with You.
3.6 Limitation of Liability: In no event shall easy-donate be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services, loss of use, data, or profits, or business interruption) arising in any way out of the use of or inability to use the App, even if advised of the possibility of such damage.
3.7 Indemnification: You agree to indemnify and hold harmless easy-donate, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the App or any violation of this Agreement.
3.8 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any dispute arising under or related to this Agreement shall be subject to the exclusive jurisdiction of the courts located in Santa Clara County, California.
3.9 Severability: If any provision of this Agreement is held to be unenforceable or invalid, such provision shall be modified or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
4.1 The App is offered as a platform to allow Users to donate, volunteer, attend events, share and interact with content, and any other goodwill activity that enables giving. It also provides additional services further explained later for subscribing institutions.
4.2 We don't charge individual users to access easy-donate or the other products and services covered by these Terms, unless we state otherwise. Our income derives from the services we offer to institutions that choose to become paid subscribers. By using our products, you agree that we may offer additional features or access to exclusive content to paid subscribers.
4.3 We don't sell your personal data to third parties, and we don't share information that directly identifies you (such as your email address, or other contact information) unless you give us specific permission. We may use your data to improve our services and provide targeted recommendations and ads, as well as for required tax reporting. For more details on how we handle your data, please see our Privacy Policy.
4.4 Safety and Community Integrity: Upholding a safe and secure community is crucial to us at easy-donate. We invest significant efforts in maintaining the security, availability, authenticity, integrity, and confidentiality of our services. Users may report any activity that violates our guidelines and may fall into the described Prohibited Behaviors further in these Terms. easy-donate will hide any suspicious content until further review. If deemed necessary, we reserve the right to permanently remove the content that violates our policies and, if warranted, report the matter to relevant authorities. Any User may be suspended and even terminated for violating our Terms.
4.5 easy-donate hosts its application on Amazon Web Services (AWS), a trusted and reliable cloud hosting provider. As part of our commitment to transparency, we want to make you aware that AWS has its own terms and conditions and privacy policy that govern the hosting of our app. We encourage you to review AWS's Terms of Service and Privacy Policy to understand how they handle data and ensure the security of their services.
4.6 User Content and Public Display: Your use of the App may involve public content and the display of information and donations. This includes the content you post on the platform, such as descriptions, texts, media, comments, and other materials (referred to as "User Content"). Your user profile information, including, but not limited to your name, organization, and personal biography, may also be displayed to other users to facilitate interaction within the Services.
4.7 Other Information: Please note that User Content and any other information you provide to easy-donate, whether solicited or unsolicited, may be publicly accessible. This includes information you post in forums, comment sections, or in response to surveys. Additionally, we collect information through customer support communications and any unsolicited submissions, such as ideas for new products or modifications. By submitting Other Information to us, you acknowledge and agree to the following:
4.8 Data Retention: You acknowledge that easy-donate has no obligation to you to retain data relating to any account. You acknowledge that easy-donate reserves the right to delete data or to terminate causes, events, and/or fundraisers at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
Upon deleting your account, we will no longer display any content related to your profile.
We will retain your personal information, including donation information, for as long as necessary to fulfill the purposes outlined in our Privacy Policy and to comply with legal obligations, including tax laws and regulations. This retention enables us to provide accurate and complete tax documents to you and the relevant tax authorities.
When data is no longer needed, we will securely dispose of it in accordance with applicable laws and regulations.
If you choose to reinstate your account with easy-donate, please note that you will not have access to your previous App activity.
easy-donate cannot guarantee the availability of your previous username (email address).
To advance our mission, we offer you and others our services. In return, we request the following commitments from you:
5.1 Eligibility for easy-donate:
To ensure a safer and more accountable community, we require the following:
While we strive to make easy-donate accessible to all, you are ineligible to use easy-donate if:
5.2 Permissions you grant to easy-donate:
To provide our services, we require certain permissions from you:
By sharing or uploading content on easy-donate, you retain ownership of your intellectual property rights. However, you grant us a non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to use, distribute, modify, copy, publicly perform or display, translate, and create derivative works of your content. This license is solely for the purpose of providing and improving our services. It ends when your content is deleted from our systems.
You can delete individual content you share, post, and upload at any time. In addition, all content posted to your personal account will be deleted if you delete your account. However, even after the deletion of your easy-donate Inc. account, we will retain certain information that is relevant to tax reporting purposes in accordance with applicable laws and regulations. This may include transaction records, financial data, and other necessary information. We will handle this retained information in accordance with our Privacy Policy and applicable legal requirements.
Deleted content may take up to 90 days to be removed from backups and disaster recovery systems. In certain cases, content may not be immediately deleted due to technical limitations or legal obligations.
5.3 Content may not be deleted within 90 days of initiating the account or content deletion process in the following situations:
5.4 Software Updates:
If you download or use our software, you grant us permission to download and install updates to the software, when available.
You are responsible for ensuring compliance with all applicable laws regarding your use of our App. Additionally, you are solely responsible for all User Content that you upload, post, publish, display, transmit, or otherwise use.
The following examples outline illegal or prohibited User Content and/or use on easy-donate. This list is not exhaustive, and we reserve the right to remove any User, Content, Post, Cause, and/or Story at our sole discretion if it violates any terms or the spirit of these Terms, or for other reasons. During the investigation of your User Content, we may consider various sources of information, including but not limited to social media, related news, and any other relevant material that we, at our sole discretion, deem necessary for review. Furthermore, we reserve the right to take appropriate action, including but not limited to banning or disabling your use of the App, removing offending User Content, suspending or terminating your account, stopping payments to any Fundraiser, freezing or placing a hold on Donations, and reporting you to law enforcement authorities. We may also seek restitution on behalf of ourselves and/or our Users.
In addition to the above, you agree, represent, warrant, and covenant:
6.1 You agree not to:
6.2 You agree not to transmit or upload User Content that:
6.3 Additionally:
6.4 Regarding Donations:
easy-donate reserves the right to refuse, condition, or suspend Donations or transactions that may violate these Terms. Information related to your use of the Services may be shared with relevant institutions or authorities as required by law.
No Solicitation: easy-donate's Platform serves as a means for Institutions to raise funds. We provide the technology that facilitates connections between Organizers, Donors, volunteers, and other willing participants. However, it's important to note that the existence of our services does not constitute a solicitation of donations by easy-donate. We do not engage in any solicitation activities or offer consultation regarding the solicitation of contributions from the public on behalf of any individual, entity, or organization. By using our Services, you acknowledge and agree that easy-donate bears no responsibility for the utilization of your Donations or the total amount of funds raised for the Organizer.
easy-donate is a Platform; We are not a Broker, Financial Institution, Creditor or Charity.
All information and content displayed at easy-donate is published by its Users and is for informational purposes only. easy-donate does not guarantee the accuracy, completeness, timeliness, or reliability of such information or content. The content does not constitute financial, legal, tax, or other professional advice. It is important to consult with your own financial, legal, tax, or other professional advisor before making any decisions related to Causes, Institutions, Events, Donations, Donors, or any information or content associated with the App. You acknowledge that accessing information and content through the App is done at your own risk, and easy-donate bears no liability for any consequences arising from such access.
As a Donor, you are solely responsible for determining the value and appropriateness of contributing to any Cause, Charity, or Institution.
Payment Processor: easy-donate does not act as a payment processor or hold any funds. Third-party payment processing partners are used to process Donations. You acknowledge and agree that Payment Processors are essential for the provision of the Services. Information is exchanged between easy-donate and Payment Processors to facilitate the Services.
Transaction Fee: easy-donate does not charge fees to Users (except for institutions that choose to become paid subscribers). However, a transaction fee, including credit and debit charges, is deducted from each donation (referred to as "Transaction Fee") by the payment processor. A donor may elect to pay for this fee or have it deducted from the final amount received by the institution. To better understand these third-party processor policies visit Plaid Terms and Conditions and Stripe Terms and Conditions.
When you donate through the easy-donate Platform, it is important to understand that all Donations are made at your own risk. We cannot verify the information provided by Users or Institutions.
Institution Responsibilities:
If you act as an agent of a Charity to raise funds through our App, you represent and warrant that:
easy-donate Inc. reserves the right to modify, suspend, or discontinue the App (or any part of them) at any time and for any reason, with or without notice. Such actions will not incur any liability to you or any third party for claims, damages, costs, or losses resulting from such modifications or discontinuations.
easy-donate offers paid subscription models for Institutions interested in leveraging additional features to support their causes, fundraisers, events, and/or volunteering needs. To obtain additional information on the services offered, visit our Pricing page.
8.1 Subscription Sign-up and Billing
8.2 Refunds and Cancellation Policy
8.3 Prohibited Behavior
We reserve the right to cancel your subscription at any time if you engage in activity highlighted prior in our “Usage Guidelines and Prohibited Behavior” section, as determined by us in our sole discretion. Prohibited behavior includes, but is not limited to, violating our terms of service, engaging in fraudulent activities, or using our services for illegal purposes.
8.4 Changes to Subscription Terms
We may modify these Subscription Terms at any time by providing notice to you. Your continued use of our services after the modified Terms are in effect indicates your acceptance of the updated Terms.
8.5 Termination
We reserve the right to terminate or suspend your subscription at any time, with or without cause, and without prior notice.
If you have any questions or concerns, please contact our customer support team at support@easy-donate.com.
easy-donate enables institutions to create and market their events. However, easy-donate does not assume any liability or responsibility for the events hosted on our platform. The institutions themselves are solely responsible for the organization, management, and execution of these events.
9.1 Please note that the pricing and payment for events, if applicable, are determined solely by the respective institutions, and not by easy-donate. Any charges or fees associated with attending an event are processed by third-party payment providers, and easy-donate is not involved in the payment transaction.
9.2 In the event of a refund request, attendees should contact the respective institution directly. easy-donate does not process or handle refunds for event tickets or fees. It is the institution's responsibility to handle refund requests in accordance with their own refund policies.
9.3 Furthermore, the institutions are responsible for approving guest participation in their events. Upon approval, confirmation of participation and any relevant event details will be communicated by the institution directly to the guest.
9.4 Please be aware that events may be subject to cancellation or rescheduling at the discretion of the institution, and easy-donate shall not be held liable for any such changes. Any updates or notifications regarding event changes or cancellations will be communicated by the institution to the registered participants.
9.5 It is important to note that easy-donate solely provides the platform for facilitating event organization and promotion, and any interactions, agreements, or disputes arising from the events are strictly between the institutions and their attendees. easy-donate disclaims any responsibility or liability for the actions, conduct, or outcomes related to these events.
easy-donate enables institutions to recruit volunteers for various causes. We act as a facilitator to connect volunteers with organizations seeking their assistance. It is important to note that easy-donate does not have direct control over the actions or conduct of volunteers or the organizations they engage with.
10.1 By participating in volunteering activities facilitated through our platform, you acknowledge and agree that easy-donate does not assume any liability for the actions, behavior, or consequences arising from your voluntary participation. It is your responsibility to exercise due diligence and make informed decisions when selecting volunteering opportunities and engaging with organizations.
10.2 We strongly recommend that you review the terms and conditions, guidelines, and policies provided by the organizations you choose to volunteer for, as they may have their own specific requirements, expectations, and liability provisions.
10.3 easy-donate strives to provide a safe and reliable platform for connecting volunteers and organizations, but we cannot guarantee the accuracy, reliability, or quality of the opportunities listed on our platform. We encourage users to report any concerns or issues related to volunteering activities, and we will investigate and take appropriate action as necessary.
By using our platform to engage in volunteering activities, you agree to release easy-donate from any claims, damages, or liabilities that may arise from your voluntary participation.
easy-donate values and respects the intellectual property rights of others, and we expect our Users to do the same. If you believe that your work has been copied in a manner that constitutes copyright infringement or if your intellectual property rights have been otherwise violated, please follow the procedure outlined below to notify easy-donate of your claim.
easy-donate will thoroughly investigate and process notices of alleged infringement, taking appropriate actions in accordance with the Digital Millennium Copyright Act (DMCA), trademark infringement, and other relevant intellectual property laws. To report a claim of infringement, please send an email to support@easy-donate.com with the subject line "DMCA Takedown Request".
Our App may offer links, tools, widgets, or other features that enable you to access resources provided by third parties, collectively referred to as "Third Party Resources." easy-donate does not have control over these Third-Party Resources, including the products, services, or content made available through them, nor does it endorse them. easy-donate is not responsible for the content, functions, accuracy, legality, appropriateness, or any other aspect of these Third-Party Resources.
You acknowledge that easy-donate will not be held responsible or liable for any damage or loss incurred as a result of using or relying on the content, events, goods, or services available through Third-Party Resources. Any interactions or transactions you have with third parties while using the Services are solely between you and the third party. These interactions may be subject to additional terms provided by the third party, which you agree to when using the Third-Party Resources. easy-donate is not liable for any loss or claim you may have against these third parties.
easy-donate provides software applications that are meant to be used with Apple products. When using these applications, certain terms and conditions specific to Apple apply. It is acknowledged that the Terms of Service are between easy-donate and the user, not Apple. easy-donate is solely responsible for the Apple-Enabled Software and its content. Users must comply with Apple's Usage Rules and can only use the software on iOS devices they own or control. Apple is not obligated to provide maintenance or support services for the software, and they are not responsible for any warranties. If the software fails to meet any applicable warranty, users can notify Apple for a refund, but Apple has no further warranty obligations. easy-donate is responsible for addressing any claims related to the software, including product liability claims and legal requirements. If there are intellectual property infringement claims, easy-donate is solely responsible for handling them. Users must ensure they are not in a prohibited country or listed on any restricted party list. Questions or concerns about the software should be directed to easy-donate. Apple and its subsidiaries are considered third-party beneficiaries of the Terms of Service for the Apple-Enabled Software, and they have the right to enforce these terms against the user. easy-donate acts as an agent for Apple and its subsidiaries in enforcing their rights. easy-donate can make changes to the Terms of Service without Apple's consent.
Your use of the services is solely at your own risk. The services are provided on an "as is" and "as available" basis. easy-donate and its affiliates explicitly disclaim and exclude, to the maximum extent permitted by applicable law, all warranties, conditions, and representations of any kind, whether express, implied, or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
easy-donate and its affiliates do not guarantee or warrant that: (i) the services will meet your requirements; (ii) the services will be uninterrupted, timely, secure, or error-free; (iii) the results obtained from the use of the services will be accurate or reliable; or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations.
By using the Services, you agree to release, indemnify on demand, and hold easy-donate and its affiliates, as well as their officers, employees, directors, and agents, harmless from any and all losses, damages, expenses (including reasonable legal fees and costs), awards, fines, damages, rights, claims, actions of any kind, and injuries (including death) arising from or related to your use of the Services, any Donation or Fundraiser, any User Content, your connection to the Services, your violation of these Terms of Service, or your infringement upon the rights of others. You acknowledge that easy-donate has the right to conduct its own defense of any claims at its own discretion, and you agree to indemnify easy-donate for the costs incurred in its defense, including legal fees. If you reside in California, you waive the provisions of California Civil Code Section 1542, which states that a general release does not extend to claims that the releasing party is unaware of or does not suspect to exist at the time of executing the release, and which, if known, would have materially affected the releasing party's settlement with the released party. If you reside in another jurisdiction, whether within or outside of the United States, you waive any similar statutes or doctrines.
You acknowledge and agree, to the fullest extent permitted by applicable law, that easy-donate and its affiliates will not be held liable for any of the following: (I) indirect, incidental, special, consequential, punitive, or exemplary damages; (II) damages for loss of profits; (III) damages for loss of goodwill; (IV) damages for loss of use; (V) loss or corruption of data; or (VI) other intangible losses, whether based on contract, tort, negligence, strict liability, or any other legal theory, arising from: (A) the use or inability to use the Services; (B) the cost of acquiring substitute goods or services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from the Services; (C) any promotions and related prizes or rewards made available through the Services; (D) unauthorized access to or alteration of your transmissions or data; (E) statements or conduct of any third party on the Services; or (F) any other matter relating to the Services. You further understand that easy-donate's total liability to you for all damages, losses (including but not limited to those arising from contract, negligence, statutory liability, or any other legal theory), or causes of action shall not exceed one hundred US dollars (US$100).
Please note that some jurisdictions may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the limitations stated above may not apply to you. If you are dissatisfied with any portion of the App or these Terms, your sole and exclusive remedy is to discontinue the use of the Apps.
If you’re a subscribing institution, then to the extent allowed by applicable law:
Any dispute, controversy, or claim arising out of or relating to these Terms of Service or the use of the easy-donate platform ("Dispute") shall be first attempted to be resolved privately by contacting us at:
Or
1062 Lincoln Ave #1053
San Jose, CA
Zip-code: 95125
If a private resolution fails, it will then be resolved through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). The arbitration shall be conducted in Santa Clara County, California, unless otherwise agreed by the parties in writing. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties, or if no agreement can be reached, by an arbitrator appointed by the AAA. The arbitrator's decision shall be final and binding. Each party shall bear its own costs and expenses, including attorney's fees, in connection with the arbitration.
By using the easy-donate Inc. platform, you agree to resolve any Dispute through arbitration and waive any right to a jury trial. This arbitration provision is intended to be interpreted broadly and applies to any claims or causes of action arising under or related to these Terms of Service, including, but not limited to, claims of breach of contract, tort, negligence, or any other statutory or common law claims.
The parties agree that the arbitrator shall have the authority to grant any relief available in a court of law or equity, including injunctive or declaratory relief, to the extent permitted by applicable law. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.
Any arbitration proceeding shall be confidential, except as necessary for the enforcement of the arbitrator's decision or as required by law.
This "Disputes" clause shall survive the termination or expiration of these Terms of Service.
All disputes between you and us, including disputes related to your relationship with us, these Terms of Service, your use of the Services, and/or rights of privacy and/or publicity, will be resolved through binding, individual arbitration. By entering into these Terms, you and we agree to waive the right to a trial by jury. Please note that arbitration limits discovery and rights to appeal compared to a lawsuit, and certain rights available in court may not be available in arbitration. You understand and agree that both parties are waiving their right to participate in a class (group) action or trial by jury.
However, this arbitration provision does not prevent either party from: (i) bringing an individual action in small claims court; (ii) seeking relief through a federal, state, or local agency, if available; (iii) seeking injunctive relief in a court of law; or (iv) filing a lawsuit to address an intellectual property infringement claim.
Any arbitration will be conducted under the US Federal Arbitration Act and administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. The AAA Rules and filing forms can be found at www.adr.org.
Before commencing arbitration, the party seeking arbitration must provide written notice of the dispute to the other party. If a resolution is not reached within 90 days, either party may commence arbitration. The arbitration proceedings will be confidential unless agreed otherwise. Settlement offers made during arbitration must not be disclosed to the arbitrator until a final decision is reached. If the arbitrator awards you an amount higher than our last settlement offer, we will pay you the higher amount or US$500,00, whichever is greater.
Your responsibility to pay any AAA filing fees, case management fees and arbitrator compensation will be solely as set forth in the AAA Rules (see Costs of Arbitration). However, if the arbitrator finds that either the substance of your claim or the relief sought in your Request was frivolous or was brought for an improper purpose, easy-donate shall have the right to seek recovery of any AAA filing fees, case management fees and arbitrator compensation it has paid.
Claims against each other must be brought in individual capacity and not as a plaintiff or class (group) member in any purported class (group) or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over representative or class (group) proceedings, unless agreed by both parties.
If we make any changes to this arbitration provision, other than the address for Notice of Arbitration, you may reject the changes by sending written notice within 30 days. In that case, your account will be terminated, and the previous arbitration provision will remain in effect.
If this Disputes section is found unenforceable, the entirety of this section will be null and void. In that case, any action arising out of or related to these Terms will be subject to the exclusive jurisdiction and venue described in the General section below.
Both parties agree to keep arbitration proceedings, exchanged information, and settlement offers confidential, unless required by law or requested by law enforcement, court, or governmental body. However, disclosure to accountants, auditors, and insurance providers is permitted, subject to confidentiality.
You are solely responsible for your interactions with other users in connection with the App. easy-donate holds no liability or responsibility in relation to such interactions. While easy-donate reserves the right to intervene in disputes between you and other users, it is not obligated to do so.
These Terms of Service constitute the complete agreement between you and easy-donate and govern your use of the Services, superseding any previous agreements. Additional terms of service may apply when using affiliate or third-party services, third-party content, or third-party software. These Terms of Service are subject to the laws of the State of California, without regard to its conflict of law provisions. For any disputes or claims not subject to arbitration, both you and easy-donate agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Santa Clara County, California. Failure by easy-donate to enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. If any provision is found invalid, the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions remain in full force and effect. Any claim or cause of action related to the Services or these Terms of Service must be filed within one (1) year of its occurrence or be forever barred. A printed version of this agreement and any notice given electronically will be admissible in judicial or administrative proceedings. You may not assign these Terms of Service without prior written consent from easy-donate, while easy-donate may assign or transfer these Terms of Service, in whole or in part, without restriction. The failure to enforce any rights does not result in a waiver of those rights. Section titles are for convenience only and have no legal effect. Notices to you may be made via email or regular mail. Notices of changes to these Terms of Service or other matters may be displayed on the Platform. easy-donate may assign rights or delegate obligations without notice in the event of a merger, acquisition, reorganization, sale of equity or assets, or by operation of law. Nothing in these Terms of Service shall prevent easy-donate from complying with the law.
easy-donate will not be liable or responsible for any failure to perform, or delay the performance of any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, but is not limited, to the following: (1) Strikes, lock-outs, or other industrial action; (2) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war; (3) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster; (4) Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (5) Impossibility of the use of public or private telecommunications networks; and (6) The acts, decrees, legislation, regulations, or restrictions of any government. Our performance under this Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under this Agreement may be performed despite the Force Majeure Event.
By downloading, accessing, or logging into our App, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions. If you do not agree with any of the terms outlined herein, we kindly request that you refrain from downloading, accessing, or logging into our App. Your use of the easy-donate platform signifies your acceptance of these terms and your commitment to comply with them. We encourage you to review these Terms periodically, as they may be updated or modified to reflect changes in our services or legal requirements. Your continued use of the App following any such changes constitutes your acceptance of the revised Terms. If you have any questions or concerns regarding these Terms and Conditions, please contact our support team for further assistance. Thank you for choosing easy-donate.