Terms of Service | Round Up

OVERVIEW

Round Up For Charity (the “Product”) is a software application operated by Round Up for Charity, LLC. Our Product allows shoppers to make monetary gifts to nonprofit organizations during checkout or when placing items in their online shopping cart. You may select one or more organizations to receive the gifts via our Product. Customer gifts are calculated by organization name and the proceeds are distributed to the organizations less administrative fees.

Please read these Terms of Service carefully before accessing or using our Product. By visiting installing our Product on your site or otherwise using it, you agree to be bound by these Terms of Service and any additional terms, conditions, or policies (such as our Privacy Policy) referenced in these Terms of Service or made available by hyperlink. If you do not agree to all the terms and conditions, you must discontinue use of this Product.

Due to the rapidly changing nature of technology and the law, we reserve the right to modify these Terms of Service at any time by posting the revised Terms of Service to this page. It is your responsibility to check this page periodically for the current Terms of Service. Your continued use of, or access to, the Products following the posting of any changes constitutes your acceptance of those changes.

Round Up for Charity, LLC is not a charity broker or professional solicitor as defined by state charitable solicitation laws. We do not select the charities to which customers may donate their “round ups”. Rather, the merchant or organization offering its customers an option to “round up” is responsible for choosing one or more charities it wishes to support. Further, the merchant or organization is responsible for understanding and complying with state charitable solicitation laws that apply to their business or organization.

SECTION 1 – GENERAL CONDITIONS

Our Product is intended solely for use by users who are the age of majority in their respective jurisdiction of residence. You may only use the Product if you can legally enter into a binding contract with us.

Your access and use of these Products must comply with applicable local, state, national, and international law, including laws related to copyright, trademark, trade secrets, patent, and online privacy.

We may permanently or temporarily terminate or suspend your access to the Products without notice and without liability for any reason or no reason. If your access, use, or account to our Products is terminated or suspended due to your violation of these Terms of Service, you may not continue to access or use the Products and you agree that you will not attempt to re-register with or access the Products through the use of a different member name, false name, or an alias.

We reserve the right to refuse Product to anyone for any reason at any time.

You agree that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

The headings used in this Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 2 – LIMITED LICENSE

Subject to the provisions of these Terms of Service, we grant you a non-exclusive, limited, non-transferable, freely revocable license to use the Products for your personal use only as permitted by the features of the Products.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Product, use of the Product, or access to the Product or any contact on the website through which the Product is provided, without express written permission by us.

SECTION 3 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Product or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Product or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Product or any related website for violating any of the prohibited uses.

SECTION 4 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

While we make our best attempt to deliver a quality user experience, we are not responsible if information made available on this site is inaccurate, incomplete, or untimely. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or timelier sources of information. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 5 - MODIFICATIONS TO THE PRODUCT AND PRICES

We reserve the right to modify Products, Product pricing, subscription tiers, and administrative fees. All modifications will become effective upon publication on our website.

SECTION 6 – ADMINISTRATIVE FEES

We support the technology for this Product and its enhancements through administrative fees, volume fees, and subscription fees. These fees are disclosed on our website and are subject to change at any time.

Administrative fees are deducted from the money gifted to the designated organization. These fees primarily cover our payment processing and technology expenses.

No Volume and Low Volume fees are the responsibility of you, the account holder, if you do not process any gifts during a month or process less than ten ($10) of gifts in a month.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete, and accurate purchase and account information for use of our Product so we may receive payment for your subscription (if you do not have a free account), collect our administrative fee, and remit customer gifts to the designated organization (if your subscription includes this feature).

You agree to promptly update your account and other information, including your email address, billing address, and payment information (such as Stripe account) or credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

All fees are billed in US Dollars.

SECTION 8 – CUSTOMER GIFTS

Our Product provides an opportunity for retailers and their customers to support worthy programs, fundraisers, and charitable organizations. Monies given to the organizations promoted on at your checkout are voluntary gifts. It is up to the gifter to determine whether the gift qualifies for a charitable tax deduction and to retain proof of the gift. We are not responsible for ensuring, and make no representations, that the gift qualifies as a charitable tax deduction.

SECTION 9 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. An example is linking your account with us to the Stripe payment processing application. You acknowledge and agree that we provide access to such third-party tools ”as is” and “as available” and without any warranties, representations or conditions of any kind and without any endorsement.

We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

SECTION 10 - THIRD-PARTY LINKS

Our Products may contain links to third-party websites (including the organizations you select to be shown to your customers), advertisers, information, materials, products, or Products (collectively, “Third-Party Links”) that are not controlled or owned by us. If you access a third-party link, you do so at your own risk. You agree that these Terms of Service do not apply to any third-party links.

We are not responsible for examining, pre-screening, or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Products of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Products, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party link's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 11 - PERSONAL INFORMATION

Your submission of personal information through our Products is governed by our Privacy Policy.

SECTION 12 - ELECTRONIC COMMUNICATIONS.

By using our Products, you agree to receive electronic communications from us, including email, text message, calls, and push notifications. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE LINK IN THE PROMOTIONAL EMAIL ITSELF.

IF YOU WISH TO OPT OUT OF OUR TEXTS, YOU MAY TEXT “STOP” FROM THE MOBILE DEVICE RECEIVING THE TEXT MESSAGES.

YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE PRODUCTS. HOWEVER, YOU OPTING OUT OF RECEIVING TEXTS MAY LIMIT THE AVAILABILITY OF CERTAIN FEATURES OF THE PRODUCTS.

SECTION 13 – SERVICE INTERRUPTIONS

We may need to interrupt your access to the Product to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY LAW, YOUR USE OF THE PRODUCTS AND YOUR PURCHASE OF PRODUCTS IS AT YOUR SOLE RISK, AND THE PRODUCTS AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE PRODUCTS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT ANY OF OUR PRODUCTS, PRODUCTS, OR USER CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE PRODUCTS OR PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE PRODUCTS OR PRODUCTS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PRODUCTS OR PRODUCTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY CONTENT DOWNLOADED, ACCESSED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA OR CONTENT THAT RESULTS FROM SUCH DOWNLOAD, ACCESS, USE OF THE PRODUCTS.

SECTION 15 - LIMITATION OF LIABILITY

Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (e.g., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (e.g., DOWNTIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR USER CONTENT), OR ANY THEORY OF LIABILITY.

Limitation on Damages. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THREE HUNDRED ($300) DOLLARS.

Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SECTION 16 - LEGAL ACTIONS

Limitation on Time to Bring Action. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, OUR PRODUCTS, OR OUR PRODUCTS MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Exclusive Venue. We and You agree that all claims and disputes arising out of or relating to these Terms of Service will be litigated exclusively in the state or federal courts located in the State of Washington.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Round Up for Charity and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Product providers, subcontractors, suppliers, interns and employees, from any claim or demand (including reasonable attorneys’ fees) made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 18 – APP STORES.

Our Product is available only through download from certain application stores, such as Shopify, the Apple App Store, or the Google Play Store (“App Store Sourced Software”).

If you download our Product from the Apple App Store, you agree that you only use the App Store Sourced Software (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

If you download this Product from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Mobile Software on a shared basis within your designated family group.

If you download this Product from Shopify, you agree to comply with the licensing policies of the Shopify store.

You agree to comply with all applicable United States and foreign laws related to use of the Product. You acknowledge and agree that the availability of the Product is dependent on the third party from whom you received the Product license, e.g., the Apple App Store or Google Play (each, an “App Store”).

You acknowledge that this Terms of Service is between you and Round Up For Charity and not with the App Store. Round Up For Charity, not the App Store, is solely responsible for Services, including the Product, its content, maintenance, support services, and warranty therefor, and addressing any claims relating to the Product (i.e. product liability, legal compliance or intellectual property infringement).

You agree to pay all fees (if any) charged by the App Store in connection with the Products. You agree to comply with, and your license to use the Product is conditioned upon your compliance with, all terms of Terms of Service imposed by the applicable App Store when using our Product. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms of Service and will have the right to enforce it.

Mobile Software from Apple App Store. The following terms also apply to any App Store Sourced Software from the Apple App Store.

You acknowledge and agree that these Terms of Services are solely between you and Round Up For Charity and not between you and Apple, Inc. (“Apple”). You agree that Apple has no responsibility for the App Store Sourced Software or its content.

Your use of the App Store Sourced Software must comply with the App Store Terms and Conditions.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Software.
In the event of any failure of the App Store Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Service and any law applicable to Round Up For Charity as provider of the software.
You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App Store Sourced Software or your possession and/or use of the App Store Sourced Software, including, but not limited to: (a) product liability claims; (b) any claim that the App Store Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Terms of Service and any law applicable to Round Up For Charity as provider of the software.
You acknowledge that, in the event of any third party claim that the App Store Sourced Software or your possession and use of that App Store Sourced Software infringes that third party’s intellectual property rights, Round Up For Charity, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.
We both agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Service as it relates to your license of the App Store Sourced Software. We agree that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as relates to your license of the App Store Sourced Software against you as a third-party beneficiary thereof.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms of Service and shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - TERMINATION

We may terminate these Terms of Service or your ability to access or use any or all Products at any time for any reason, including but not limited to (a) if timely payment cannot be charged to your Payment Information for any reason, (b) if you have breached any provision of the Terms of Service, or (c) if we are required to do so by law.

You may terminate these Terms of Service at any time by ceasing to use our Products and requesting we delete your user account (if you created a user account).

The obligations and liabilities of the parties incurred before the termination date or which, by their nature should survive the termination of these Terms of Service, shall survive the termination of these Terms of Service.

SECTION 21 - ENTIRE AGREEMENT

These Terms of Service, together with any additional terms, conditions, or policies (such as our Privacy Policy) referenced or available by hyperlink, constitute the entire agreement related to our Products. These Terms of Service supersede any prior written or oral Terms of Services between you and us.

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

SECTION 22 - GOVERNING LAW

These Terms of Service and any action related to them will be governed by and construed under the laws of the State of Washington without giving effect to any conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Services.

SECTION 23 - CONTACT INFORMATION

If you have any questions, comments, or suggestions, please contact us at: team@roundupforcharities.com