Shop2Give Services Description: Flex Fundraising services are designed to allow an individual, entity, or non-profit organization (“Organizer”) to post a fundraising campaign (“Campaign”) to the Flex Fundraising website which will enable purchasers, (“Purchasers”, “You” or “Your”) to purchase goods, services, and other tangible items for the benefit of the Organizer as a donation (“Donation”).
Campaigns Description: Organizers will establish Campaigns utilizing the Platform. As part of a Campaign, Organizers are able to select from an array of goods, services, or other items like gift cards, or other redemption certificates offered by Company to place for sale within Organizer’s Campaign web page on the Platform.
Campaigns may be created for a variety of reasons including but not limited to: charitable causes, personal needs, team or club needs, etc.
Goods or Services: Goods and Services (“Products”) offered on the Platform include: gift cards, personal products, commodity items including offices supplies, clothes, sheets, or other tangible goods, services, or experiences.
Company has full discretion over which Products are offered on the Platform. Additionally, Company can, in its full discretion, determine whether or not a Campaign is eligible for a particular Products offering.
Delivery of Goods or Services: Company will facilitate the delivery of any Products that are to be delivered by electronic means. Company will utilize Purchaser provided email addresses to provide Products through electronic mail, these Products include but are not limited to: gift cards, redemption certificates, and vouchers.
Products that require physical shipping will be shipped by a third party company. Company has no ability to control when Products are shipped or in what state Products will be received. Company makes no representation or warranty concerning the quality of the Products offered for sale on its Platform.
Purchases: All Donations are at your own risk. It is your responsibility to understand how your money will be used. Flex Fundraising is not responsible for any offers, promises, rewards or promotions made or offered by Organizers. We do not and cannot verify the information that Organizers or Campaigns supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by an Organizer or Campaign or in accordance with applicable laws.
Flex Fundraising makes no representation as to whether all or any portion of your Donations, including, if any, Payment Processor Fees, are tax deductible or eligible for tax credits. Flex Fundraising will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you, any User or any Charity. You should consult your tax advisor as to the amount of your Donation that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction, and particularly if you are awarded a gift or prize in connection with your Donation. You agree to indemnify and hold Flex Fundraising harmless with respect to whether your Donation is eligible as a tax deduction
Donations: In order to contribute to a Campaign or to a Charity, a Purchaser will be required to provide Flex Fundraising information regarding its credit card or other payment instrument (“Payment Instrument”) that is linked to the Purchaser’s account on the Services (a “Billing Account”). Additionally, as a purchaser, you may be required to provide your physical address and email address. You, as a Purchaser, represent and warrant to Flex Fundraising that such information is true and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum Donation amount may apply, and that all Donations are final and will not be refunded unless Flex Fundraising, in its sole discretion, agrees to issue a refund, for example in accordance with the Flex Fundraising Guarantee.
Receipt of Goods or Services: You, as Purchaser, understand that Flex Fundraising is only responsible for delivery of Products that can be accessed via electronic means. Products requiring physical mail delivery are not within the control of Flex Fundraising and Flex Fundraising makes no representation or warranty as to the quality of these Products nor does Flex Fundraising make any representation or warranty regarding the delivery of the Products including the timing of delivery or the quality of the item received through physical delivery.
Accessing the Website and Account Security. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
If you choose, or if you are provided with any piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your personal information.
We have the right to disable any user at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
Ownership. You acknowledge and agree that the products and services provided by this website (“Service”) and any necessary software used in connection with any Service (“Software“) contain proprietary and confidential information that is the property of Flex Fundraising and its licensors and is protected by applicable intellectual property and other laws. No rights or title of, to any of the Software used in connection with any Service is provided, transferred or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through any Service or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, which authorization will not be unreasonably withheld, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part.
Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 13.
Trademarks. You acknowledge Flex Fundraising’s exclusive rights in the Flex Fundraising trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of Flex Fundraising. We retains all rights with respect to any of their respective intellectual property appearing in this website, and no rights in such materials are transferred or assigned to you.
Reliance on Information Posted. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties. All statements and/or opinions expressed in content other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing such content. We are not responsible, or liable to you or any third party, for the content or accuracy of any content provided by any third parties.
Changes to the Website. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Compliance with Laws. You must abide by all Federal, State and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence.
Indemnification. You agree to indemnify and hold Flex Fundraising, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Site.
Limitation of Liability. Flex Fundraising, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR WE WERE GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF Flex Fundraising AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO US FOR THE USE OF THE WEBSITE OR ANY PRODUCT AND/OR SERVICE IT PROVIDES.
Fees. If you purchase any items from the Website, then you will be charged according to the items purchased, in addition to sales tax and shipping costs.
Methods of Payment. User authorizes Flex Fundraising to charge your credit card, ACH or other method of payment that you input when requested during check out.
- In any way that violates any applicable federal, state, local or international law or regulation;
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the terms of this Agreement;
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
- To impersonate or attempt to impersonate Flex Fundraising, including our employees or representatives, another user or any other person or entity, including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing; or
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
- Use any robot, spider or other automatic device (unless you create a script to download your personal transactions), process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
- Use any device, software or routine that interferes with the proper working of the Website;
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
- Otherwise attempt to interfere with the proper working of the Website.
Governing Law; Venue; Actions. If there is any dispute about or involving the Website or this Agreement, you agree that any dispute is governed by the laws of the State of Utah without regard to its conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of the county of Utah, located in the state of Utah.
International Use. Although the Site may be accessible worldwide, Flex Fundraising makes no representation that materials and/or Software on the Site are appropriate or available for use in locations outside of the United States. Accessing the Site and/or Software from territories where such content is illegal is prohibited. Users who choose to access the Site and/or Software from other locations do so on their own initiative and are responsible for compliance with local laws.
Severability. If any provision of this Agreement will be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Waiver. The failure of Flex Fundraising to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. Any waiver of this Agreement by Flex Fundraising must be in writing and signed by an authorized representative of Flex Fundraising.
Modification and Termination of the Website. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website or any service provided by the website (or any part thereof) with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the website or any service.
Relationship of the Parties. Nothing contained in this Agreement or your use of the Site will be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor will either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each will remain independent contractors responsible for its own actions.
Copyrights Policy. We respects others’ intellectual property rights and we ask that users do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. We reserve the right to delete or disable content alleged to be infringing and to terminate the accounts of Users who infringe the intellectual property of others. In an effort to protect the intellectual property rights of others, we have adopted the following policy in accordance with Section 512 of the Digital Millennium Copyright Act (“DMCA”) with respect to alleged copyright infringement by users of its Site:
- Procedure for Reporting Copyright Infringements. If you believe that material residing on or accessible through the Site infringes your copyright, you may provide us with a written notice of the alleged infringement to the Designated Agent listed below. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Removal of Allegedly Infringing Material. Once a proper infringement notice is received by the Designated Agent, we may remove or disable access to the allegedly infringing material. We will make reasonable attempts to notify the User that we have removed or disabled access to the material. We may terminate access to the Site to Users who are repeat offenders.
- Counter-Notice Procedure. If a User believes that their material that was removed or to which access was disabled is not infringing upon a copyright, that User must send a counter-notice to the Designated Agent, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. The counter-notice must contain the following information:
- A physical or electronic signature of the User;
- The location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or
- The User’s name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located,
or if the User’s address is outside of the United States, for any judicial district in which RMA may be found, and that the User will accept service of process from the person who provided
notification under subsection (c)(1)(C) or an agent of such person.
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User, the removed material may be replaced or access to it restored after receipt of the counter-notice in accordance with the DMCA.
Designated Agent and Contact for any questions:
[name of individual and email address]
Last modified: December 3, 2020
Introduction. Flex Fundraising a Utah corporation (“Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website: www.flexfundraising.com (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information. This policy applies to information we collect:
- On this Website.
- In email and other electronic messages between you and this Website.
- When you interact with us directly or on third-party websites and services, if those applications include links to this policy.
It does not apply to information collected by:
- us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
- any third party (including our affiliates and subsidiaries), including through any application or content that may link to or be accessible from or on the Website.
Children Under the Age of 13. Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features on the Website, make any purchases through the Website, or provide any information about yourself to us, including your name, address, telephone number, or email address. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at: [email address].
Information We Collect About You and How We Collect It. We collect several types of information from and about users of our Website, including information:
- by which you may be personally identified, such as name, email address, credit card number (”Personal Information”);
- that is about you but individually does not identify you and/or
- about your internet connection, the equipment you use to access our Website and usage details.
We collect this information:
- Directly from you when you provide it to us.
- Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies.
Information You Provide to Us. The information we collect on or through our Website may include:
- Information that you provide by filling in forms on our Website. This includes information provided at the time of subscribing to our service. We may also ask you for information when you report a problem with our Website.
- Records and copies of your correspondence (including email addresses), if you contact us.
- Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
We do not allow information to be published or posted directly on the Website or transmitted to other users of the Website or third parties.
Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to our Website, including any other communication data and the resources that you access and use on the Website.
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Website according to your individual interests.
- Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
How We Use Your Information. We use information that we collect about you or that you provide to us, including any personal information:
- To present our Website and its contents to you.
- To provide you with information, products, or services that you request from us.
- To fulfill any other purpose for which you provide it.
- To provide you with any applicable notices about the services or products.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Website or any products or services we offer or provide though it.
- Bank account or credit card transaction data: You may choose to purchase products or services from our Website. For such purchases we use a third-party application. We only send the bank account or credit card information and our servers do not store or collect any of your bank account or credit card information.
We work with other companies or developers to offer you products and services and you may choose to sync, link or connect other third-party services from our Website. If you choose to accept these services, providing your consent to either the third party or to us, we may exchange your information, including your Personal Information, as well as information about how you interact with each company’s service or product.
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Flex Fundraising, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Your California Privacy Rights. California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to: [email address].
Data Security. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a login token or link for access to certain parts of our Website, you are responsible for keeping this login token or link confidential. We ask you not to share your login tokens or links with anyone. We urge you to be careful about giving out information in public areas of the internet like message boards.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.