HelloFund℠, Inc. is an online fundraising platform providing services through its website and mobile applications that enable individuals and organizations to create peer to peer fundraising campaigns, event registration pages and custom pages to securely process payments , all subject to the following Terms of Service. The Terms of Service apply to the HelloFund.com website, any and all subdomains thereof, any Application Programing Interface(s) offered, and any other websites or webpages owned or operated. Any person or entity that uses, accesses, or registers with HelloFund℠, Inc. agrees to be contractually bound by these Terms of Service. HelloFund℠, Inc. reserves the right to amend the Terms of Services at any time. All changes will be posted on the HelloFund website the date the terms were last revised.
Use of the HelloFund℠, Inc. website, and/or any of the services or features accessible therein, constitutes acceptance of the Terms of Service. If a person or entity does not agree to or accept the Terms of Services, then the use of the HelloFund℠, Inc. should be discontinued immediately.
For purposes of the following Terms of Service, “HelloFund,” “we,” “us,” “our,” and other similar terms, shall refer to the party with whom you are contracting.
General User Warranties
By accessing, using, or registering with HelloFund℠, Inc. you represent, warrant, and agree that:
- You have the ability and authority to enter into this agreement.
- Your decision to enter into this agreement will not violate any applicable law, regulation, or ordinance.
- Your use of HelloFund℠, Inc. not violate any applicable law, regulation, or ordinance.
- Your decision to enter into this agreement will not infringe the rights of any third parties.
- Your use of HelloFund℠, Inc. will not infringe the rights of any third parties.
- You will supply truthful and accurate information to HelloFund℠, Inc. and you will not misrepresent yourself to the public through your use of the HelloFund℠, Inc..
- You will not use HelloFund℠, Inc., or any HelloFund℠, Inc. services in a manner that violates the law or the legal rights of a third party.
- You must be at least 13 years of age to use HelloFund℠, Inc. .
- You must have the consent of a parent or legal guardian if you are under 18 years of age.
- You agree to only use HelloFund℠, Inc. in the United States of America.
- HelloFund℠, Inc. users are solely responsible for compliance with all applicable Federal, state, and local laws.
- HelloFund℠, Inc. users consent to having your data transferred, processed, and stored in the United States.
HelloFund℠, Inc. reserves the right to discontinue (i) the HelloFund℠, Inc. platform, in whole or in part, (ii) any services or features provided by or through HelloFund℠, Inc., or (iii) your account with HelloFund, for any or no reason, with or without notice to you.
HelloFund℠, Inc. makes no warranties concerning continuity of service, the security of HelloFund℠, Inc., or that the HelloFund website will be error free. HelloFund℠, Inc. offers all the features and services “AS IS”. HelloFund℠, Inc. disclaims all warranties, express, implied, statutory, or otherwise to the fullest extent allowed by applicable law. This waiver includes, but is not limited to, all warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of information.
The HelloFund℠, Inc. name, logo, domain, website, and components, including features and services, underlying software and code, are all the intellectual property of HelloFund℠, Inc.. The HelloFund name and the HelloFund logo are trademarks and service marks of HelloFund and collectively referred to as the “HelloFund Trademarks.” You understand and agree that your use of HelloFund in no way gives you, the user, a right, title, or interest in HelloFund or our intellectual property.
All HelloFund℠, Inc. partners, vendors, or other company, products, services, names, logos used and displayed via the HelloFund platform may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to HelloFund. Nothing in these Terms of Service should be construed as granting any license or right to use any of HelloFund Trademarks displayed, without our prior written permission. All goodwill generated from the use of HelloFund Trademarks will remain the exclusive benefit of HelloFund.
You acknowledge and agree that HelloFund may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by HelloFund, you agree not to copy, edit, modify, copy, lease, loan, sell, distribute or create derivative works based on the HelloFund services, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to HelloFund. In connection with your use of HelloFund you will not engage in or use any data mining, computer artificial intelligence, robots, scraping or similar data gathering or extraction methods. If you are blocked from accessing HelloFund (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (for example, by masking your IP address or using a proxy IP address).
You agree not to edit, copy, change, create a derivative of, reverse engineer, or otherwise attempt to uncover any source code, sell, lease, assign, sublicense, or otherwise transfer any right in the HelloFund software. HelloFund reserves any and all appropriate intellectual property rights not expressly delineated herein.
By sharing, posting, uploading, or transmitting content or information to, or through, HelloFund you grant us a nonexclusive, irrevocable, royalty-free license to copy, store, transmit, publish, publicly display, publicly perform, and otherwise use this content or information to operate HelloFund as necessary and as we reasonably see fit. You warrant that you have the authority to grant such license.
United State Use Only
HelloFund℠, Inc. is not intended for use by any entity organized under the laws of countries other than those of the United States of America. You represent, warrant, and irrevocably covenant that you will refrain from making financial transactions through HelloFund if you (i) are located in a country embargoed by the United States or (ii) are on the U.S. Treasury Department’s list of Specially Designated Nationals.
You acknowledge and understand that HelloFund is not responsible for any tax federal, state, or local tax treatment of any and all transactions associated with HelloFund. You are responsible for tax treatment and any entity is responsible for the tax language in any receipt you receive. HelloFund makes nor is able to make any representations about the nature of any transaction through HelloFund. Always consult the organization you are transacting with and a qualified tax advisor prior to claiming a deduction on your taxes.
Release of Liability
You hereby release HelloFund, HelloFund successors, assigns, affiliates, directors, officers, employees, and agents (collectively, the “Releasees”) from any and all liability, expenses, costs, losses, damages, damage to property, personal injury or death, and claims, whether known or unknown, which may arise from (i) you hosting, participating in, attending, or authorizing an event posted on HelloFund (including events you authorize your supporters to advertise on HelloFund) or (ii) from the acts or omissions of third parties you interact with through HelloFund (collectively the “Released Claims”).
HelloFund℠, Inc. and its officers, directors, employees and agents, will not be liable to you for special, consequential, indirect, punitive, exemplary, incidental damages, lost revenues, lost profits, or loss of goodwill, regardless of the cause, legal theory, or cause of action, even if HelloFund may have been advised of the possibility or likelihood thereof. HelloFund’s aggregate liability, together with the liability of our officers, directors, employees and agents, arising out of this Agreement and your use of HelloFund (when aggregated with all other claims against us arising out of this Agreement and your use of HelloFund), regardless of the type of claim(s) or the nature of the cause(s) of action, will not exceed the greater of (i) one hundred U.S. Dollars ($100) or (ii) the net amount we have been paid from transaction fees arising from transactions you have made through HelloFund in the twelve (12) months immediately preceding the event giving rise to your claim(s). You acknowledge that the foregoing limitations are an essential basis of the agreement and transaction we have conducted and that the limitations will apply notwithstanding any failure of essential purpose of any limited remedy.
You agree to hold HelloFund℠, Inc. and its Releasees harmless and to defend and indemnify each of them for all expenses, costs, reasonable attorney’s fees, damages, and liability from third party claims, which arise from, or relate to, your use of HelloFund℠, Inc. or your breach of these Terms.
These Terms will be governed by and construed in accordance with the laws of the State of Texas, as such laws are applied to agreements made between Texas residents and performed entirely within the State of Texas, and without regard to conflicts of laws principles.
Forum. The exclusive jurisdiction and venue for any disputes which may arise out of, or relate to, these Terms or your use of HelloFund will be the state and federal courts located in Austin, Texas. You hereby expressly and irrevocably consent to the personal jurisdiction and venue of such courts.
Extent of Relationship
These Terms do not create, nor shall be construed to create, a joint venture, partnership, or other formal business relationship between you and HelloFund.
You have neither the right nor the power to assign your rights under these Terms. Any purported assignment of your rights under these Terms will be NULL AND VOID.
These Terms contain the entire agreement between you and HelloFund, they are a complete integration of our agreement and supersede and displace any other written or oral negotiations, statements, or agreements purporting to deal with the subject matter contained within.
If any provision of the Terms is found to be unenforceable, invalid, or illegal by a court of competent jurisdiction, this finding shall not render any other provision of the Terms unenforceable, invalid, or illegal. HelloFund and you agree that the court will have the authority to modify or replace the unenforceable, invalid, or illegal provision with a valid and enforceable provision that most closely represents our intentions with respect to the invalid, illegal, or unenforceable provision.
Any delay on your part, or on our part, to exercise a right or power granted under these Terms will not be construed as a waiver of such right or power. All waivers must be in writing and a waiver of any particular breach will not be construed as a waiver of any other breach, or any succeeding breach.