Last Revised: December 22, 2023 7:39 a.m.
Welcome to MyFundraise! This document outlines the terms and conditions governing your use of MyFundraise (referred to as the “Site”) and our mobile applications (collectively referred to as the “Mobile Application”). Throughout this agreement, references to “MyFundraise,” ,”we,” “us,” or “our” pertain to the entity providing these services.
These Terms & Conditions govern your interactions with us, encompassing your access to and utilization of the Site, which includes content, information, materials, text, images, functionality, and services and products offered there. Additionally, these terms cover your access to and usage of the Mobile Application, encompassing any aforementioned elements provided on or through the Mobile Application. Your engagement with any services offered by MyFundraise is collectively referred to as the “Services” in this agreement.
These Terms and Conditions, along with any documents explicitly incorporated by reference, collectively constitute the agreement between you and MyFundraise. We reserve the right to modify these terms periodically without prior notice. It is advisable to regularly review the Terms and Conditions, as they may have changed since your last visit.
PLEASE READ THESE TERMS AND CONDITIONS THOROUGHLY. THEY INCLUDE DISPUTE RESOLUTION PROVISIONS THAT MANDATE ARBITRATION, SIGNIFICANTLY IMPACTING YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. BY ACCESSING ANY PART OF THE SITE OR THE MOBILE APPLICATION, OR BY UTILIZING THE SERVICES, YOU ASSERT THAT YOU ARE A RESIDENT OR CITIZEN OF THE UNITED STATES, YOU ARE AT LEAST 18 YEARS OF AGE, AND YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHOM YOU WILL ALLOW TO ACCESS ANY PART OF THE SITE OR THE MOBILE APPLICATION, OR USE THE SERVICE, YOU AFFIRM THAT YOU TAKE FULL RESPONSIBILITY FOR THE MINOR’S USAGE OF THE SITE, MOBILE APPLICATION, AND/OR SERVICE, AND FOR ENSURING THE MINOR’S COMPLIANCE WITH THESE TERMS AND CONDITIONS.
Our Privacy Policy (the “Privacy Policy”) and our Fundraising Policy (the “Fundraising Policy “) are hereby incorporated into these Terms and Conditions and made a part hereof. The latest copies of each are found on the Site and in the Mobile Application. To the extent of any conflict among the body of these Terms and Conditions, the Privacy Policy and the Fundraising Policy, they shall govern and control in the following order: (a) the Privacy Policy, (b) the Fundraising Policy, and (c) the body of these Terms and Conditions.
The text, images, data, illustrations, files, audio and video clips, designs, documents, and other materials and content (collectively, the “Content”) on the Site and the Mobile Application are the property of MyFundraise and its affiliates and licensors, and may be protected by copyright and other proprietary rights. You may not copy, modify, distribute or otherwise use any of the Content, except for your personal, non-commercial use. Please note that we may withdraw any Content from the Site or Mobile Application at any time in our sole discretion. By downloading, printing, or otherwise using any of the Content, you agree that you will (a) restrict your use of such Content to personal and non-commercial use, (b) comply with these Terms and Conditions, and (c) not violate the rights of MyFundraise or any other person or entity. Unauthorized commercial publication or exploitation of Content is prohibited without our express written consent. If you wish to use any of the Content in any way other than as authorized by these Terms and Conditions, you must first obtain our written permission. We may, in our sole discretion, grant permission for such use on a case-by-case basis and we may charge a fee for such use.
In order to access certain portions of the Services or areas of the Site and/or Mobile Application, you may be required to create a user account (a “User Account”). At this time, only residents of the United States and European Union may (a) create User Accounts or (b) otherwise use the Site and/or Mobile Application (except to learn more about MyFundraise). You may never use another party’s User Account without such party’s express written authorization. You represent, warrant and agree that all information which you provide through any portion of the Site and/or Mobile Application in connection with creating your User Account, fundraising or otherwise is and will be current, accurate, legally compliant and complete. You are solely responsible for all use connected with your User Account. You are solely responsible for maintaining the security of your User Account login credentials (username, Multi Factor Authorization (MFA) access authentication codes, etc.). You agree to notify us immediately of any security breach or unauthorized use of your User Account. We will not be liable for any costs, losses, claims or damages that you or any third party incur which are directly or indirectly caused by any unauthorized use of your User Account, except where such unauthorized use is the direct result of our gross negligence or willful misconduct.
You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to MyFundraise or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy for how we treat your data.
Names, titles, trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on the Site and/or Mobile Application are our registered and/or unregistered common law trademarks or those of our affiliates and licensors. Nothing contained on the Site and/or Mobile Application should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site and/or Mobile Application without our express written permission or that of the third party that owns the Trademark. Any unauthorized use of the Trademarks is prohibited.
Access to and use of the Site, the Mobile Application, and the Services are restricted to individuals aged 18 and above, except as explicitly outlined herein. Individuals below the age of 18 may utilize these platforms only under the supervision of a parent or legal guardian, who assumes responsibility for any and all usage. California residents under 18 may request removal of User Content they authored by emailing us at info@hhydrate.wpenginepowered.com. Refer to the “Do not sell my personal information” section on the Site and the Mobile Application for details on California privacy rights.
The Federal Trade Commission (FTC) mandates MyFundraise to disclose any relationships with individuals or entities providing valuable consideration in connection with endorsements made by MyFundraise. Views expressed on the Site, the Mobile Application, and the Services are either our own or those of MyFundraise users with User Accounts. If we claim expertise in a specific area, endorsements will be limited to products or services deemed worthy based on our expertise, with no undisclosed compensation, as detailed in writing.
As part of our order processing procedures, we may monitor Site and/or Mobile Application activity for fraud or unauthorized activity. We reserve the right to deny services due to suspected fraud. In case of suspected fraud, we may contact you using the provided phone number or email address. We also reserve the right to cancel User Accounts or deny services in cases of suspected fraud.
The Site, the Mobile Application, and the Services may include links to third-party websites. These links are for convenience only, and we do not control or endorse the content of linked websites. Similarly, links to email addresses of employees or service providers are for feedback and communication purposes. Clicking on such links may take you outside our governance, and we assume no liability for actions in such areas.
If you access the Site and/or the Mobile Application from a third-party link, note that such links do not imply a relationship with, or endorsement of, the third-party website, application, etc. MyFundraise assumes no responsibility or liability for actions in areas not governed by these Terms and Conditions.
Agree not to use automated systems, such as “bots” or “spiders,” that generate more requests to our servers than a human could reasonably produce in the same timeframe. Exceptions are granted to public search engines for creating searchable indices. Do not collect personally identifiable information or engage in commercial solicitation using communication systems provided by MyFundraise. Do not interfere with security features or enforce limitations on Site and/or Mobile Application use. Your access and use must comply with applicable laws and regulations, promoting no illegal activity.
Provide truthful, accurate, and complete information as User Content on the Site, Mobile Application, or Services. User Content may be used in account information, Stores, and chats. We have no obligations regarding User Content unless otherwise agreed or required by law. Do not provide defamatory, threatening, or unlawful User Content. By uploading User Content, you grant MyFundraise a license to use it for Service operation and promotion. You release MyFundraise from liability related to your User Content and waive inspection rights. If others appear in your User Content, ensure necessary licenses and releases. MyFundraise may preserve and disclose User Content when required by law or in good faith to comply with legal processes, enforce Terms of Service, respond to third-party claims, or protect rights and safety. Users consent to MyFundraise using User Content in marketing and advertising materials. Refer to the Privacy Policy for details on how MyFundraise handles User Content.
Occasionally, the Site, Mobile Application, and/or Services may be inaccessible or inoperable due to various reasons, including equipment malfunctions, updates, maintenance and repairs, and causes beyond our control or those that are not reasonably foreseeable. We are under no obligation to compensate you for these conditions.
The information and descriptions on the Site, Mobile Applications, and the Services are not exhaustive explanations of all terms, exclusions, and conditions for every product or service we offer but are provided for general informational purposes. We make no representations or warranties that such content is suitable for your needs, complete, timely, or reliable. All text, images, and other content on the Site are provided “as is” without warranty of any kind, either express or implied. This includes but is not limited to implied warranties of merchantability, fitness for a particular use, and/or non-infringement. We do not guarantee that the Site, Mobile Applications, or the Services will be uninterrupted or free of errors, viruses, or other harmful code, and you acknowledge that downtime may impact your Store, sales, and participation in sales contests. Some jurisdictions may not allow the exclusion of certain warranties, and accordingly, some limitations may not apply to you.
To the maximum extent permitted by applicable law, none of the MyFundraise Parties shall have any liability for losses or damages, including, without limitation, direct, indirect, consequential, compensatory, special, punitive, or incidental damages, or damages arising out of loss of revenue, lost profits, or loss of data. This includes issues related to the use of, reliance on, or inability to use the Site, Mobile Application, and/or the Services, conduct or content of any third party, or unauthorized access, use, or alteration of User Content. In no event will the aggregate liability of all MyFundraise Parties to you exceed the greater of the amount paid to all MyFundraise Parties in the six months prior to a claim accruing, the amount you sold in a Store through the Mobile Applications for such six-month period (if you operate a Store), or one hundred dollars ($100). Some jurisdictions may not allow the limitation or exclusion of liability, and therefore, some of the limitations set forth may not apply to you.
You agree to indemnify and hold the MyFundraise Parties harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees and costs, arising out of your breach of these Terms and Conditions, violation of any third-party right, or gross negligence, intentional misconduct, and illegal conduct.
We expressly reserve all rights not expressly granted in these Terms and Conditions.
For any inquiries related to information on our products and services, permission to reproduce or use any Content, DMCA notices, or other reasons, contact the Copyright Agent:
MYFUNDRAISE, LLC;
Email: info@hhydrate.wpenginepowered.com
MyFundraise reserves the right to discontinue any aspect of the Site, Mobile Application, and/or Services at any time, with reasonable efforts to communicate such plans in advance.
If any provision of these Terms and Conditions is held to be invalid, unlawful, or unenforceable, the validity, legality, and/or enforceability of the remaining provisions will not be affected. Our failure to exercise or enforce any right or provision under these Terms and Conditions will not constitute a waiver.
These Terms and Conditions are governed by the laws of the State of Florida. Disputes between you and MyFundraise will be resolved by binding, individual arbitration, with waivers of jury trials and class actions, except as otherwise described in this section. Users and MyFundraise agree to waive certain rights to pursue claims in court and to participate in class actions. However, MyFundraise retains the right to seek injunctive relief in court, and users can pursue individual actions in small claims court or court of competent jurisdiction.
Arbitration must be initiated within one (1) year of the alleged conduct giving rise to any cause of action or disputed matter related to the Site, Mobile Applications, Services, and/or these Terms and Conditions. Failure to initiate arbitration within one (1) year renders such claims permanently barred from arbitration and litigation.
In any action to enforce or interpret any provision of these Terms and Conditions, including arbitration proceedings, the prevailing party is entitled to recover reasonable attorneys’ fees in addition to other costs associated with the suit, action, arbitration, and any appeals. The tribunal deciding the matter, whether an arbitration panel, court(s), or appellate court(s), will determine the prevailing party and the amount of reasonable attorneys’ fees to be paid.
These Terms and Conditions, which include the Privacy Policy and the Fundraising Policy, constitute the entire agreement between you and us regarding your use of the Site, Mobile Application, and/or Services. These Terms and Conditions supersede any other agreements between you and us concerning your use of the Site, Mobile Application, and/or Services.
