LAST UPDATE:
January 2024 This Privacy Policy explains how Go Pledge LLC (herein referred to as “Company,” “we,” “us” or “our”) collects, uses, and shares information collected on its website, www.gopledge.com (herein the “Go Pledge LLC Website”). The Go Pledge LLC Website provides (i) an online platform for appropriately qualified charities and other entities (“Fundraiser”) to raise funds from visitors (“Donors”) to the Go Pledge LLC Website through the sale of goods or services and/or to solicit donations to support their organization and/or mission and (ii) related services (collectively the “Services”). Go Pledge LLC merely provides technology to allow Fundraisers and Donors or other users to connect and expressly does not participate in any fundraising activities or interactions between Fundraisers and Donors using the Services. By accessing the Go Pledge LLC Website or using the Services, you consent to Go Pledge LLC collecting, storing, using, and/or disclosing your personal information as described herein. If you do not agree to the terms of this Privacy Policy or our Terms & Conditions, you should immediately and permanently discontinue using the Go Pledge LLC Website. By accessing the Go Pledge LLC Website or using the Services, you represent that you are over the age of 18. Go Pledge LLC does not permit those under 18 to use its website or services.
INFORMATION COLLECTED BY GO PLEDGE LLC
Go Pledge LLC collects both “Non-Personal Information” about usage of the Go Pledge LLC Website and “Personally Identifiable Information” about visitors to the Go Pledge LLC Website. Non-Personal Information includes automatically collected information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. Personally Identifiable Information includes information submitted by visitors to the Go Pledge LLC Website that identifies or relates to a specific individual.
Go Pledge LLC may collect Personally Identifiable Information that submitted by users of the Go Pledge LLC Website, including registration information submitted by Fundraisers (such as name, email address, physical address, phone number, organization/company name, billing information, and campaign/fundraiser information), information submitted by Donors when interacting with Fundraisers (name, email address, physical address, and other information requested by Fundraisers such as phone number, organization/company name, etc.), and contact information if you contact us with an inquiry (email address, phone number). Go Pledge LLC does not collect payment information from Donors; Donors wishing to make a purchase from or donate funds to Fundraisers are connected to a third-party payment processor, who collects and processes payment information. If you visit the Go Pledge LLC Website, a cookie (a small piece of data) may be sent to your browser from a web server and stored on your computer's hard drive. Go Pledge LLC sometimes uses cookies to track information for our users' convenience and to understand our customers better, for example, Non-Personal Information about visitors to the Go Pledge LLC Website and to help Go Pledge LLC remember you and your preferences when you revisit the Go Pledge LLC Website. At no time do we share information from cookies with third parties. Go Pledge LLC tracks information provided to us by your browser or by our software application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. Go Pledge LLC tracks this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables Go Pledge LLC to collect Non-Personal Information about that visitor and keep a record of the visitor’s preferences when utilizing our services, both on an individual and aggregate basis. Go Pledge LLC may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser. For example, Go Pledge LLC may use a persistent cookie to track whether you have visited the Go Pledge LLC website before, so we can show you basic information about our Service on your first visit. Further general information about cookies and how they work is available at www.allaboutcookies.org.
Go Pledge LLC may allow selected third parties to place cookies through the Go Pledge LLC Website to provide us with better insights into the use of the Go Pledge LLC Website or user demographics or to provide relevant advertising to you. These third parties may collect information about a visitor’s online activities over time and across different websites when visiting the Go Pledge LLC Website. Go Pledge LLC may also permit third-party service providers to place cookies through the Go Pledge LLC Website to perform analytic or marketing functions. For instance, Go Pledge LLC may use Google Analytics to collect information about use of the Go Pledge LLC Website. This information is used for the sole purpose of improving the Go Pledge LLC Website. Google Analytics does not collect any Personally Identifying Information, nor does Go Pledge LLC combine the information collected with Personally Identifiable information. Go Pledge LLC does not control the use of such third-party cookies or the resulting information and is not responsible for any actions or policies of such third parties. IP Addresses: an Internet Protocol (IP) address is a number that is automatically assigned to your computer by your Internet service provider whenever you access the Internet. This number may be the same each time you access the Internet, or it may change. Like other Internet sites, Go Pledge LLC uses IP addresses to collect aggregate information about numbers of visitors and site usage. The address is logged on our server when your computer requests information from Go Pledge LLC. Go Pledge LLC does not use technology that recognizes a “do-not-track” signal from your web browser.
HOW GO PLEDGE LLC USES YOUR INFORMATION
Go Pledge LLC may use the information you provide for general commercial purposes such as to improve the Go Pledge LLC Website, grow Go Pledge LLC’s business, protect the security of the Go Pledge LLC Website and/or the Go Pledge LLC Services, and/or to offer its own or third-party products or services that Go Pledge LLC thinks may be of interest to users of the Go Pledge LLC Website and/or Services. Go Pledge LLC may also use the information you provide to notify you of relevant information pertinent to the Go Pledge LLC Website or Services or your registered Go Pledge LLC account. Go Pledge LLC may use your contact information to respond to your inquiries or to provide information on products or services to you.
SHARING OF PERSONAL INFORMATION
Go Pledge LLC does not sell, share, or disclose Personal Information about our users/visitors of the Go Pledge LLC Website except as described in this Privacy Policy. Go Pledge LLC may disclose your information if:
i) you request or authorize it;
ii) the information is provided to help complete a transaction on your behalf;
iii) the information is provided to comply with the law, applicable regulations, governmental and quasi-governmental requests, court orders or subpoenas, to enforce our Terms or other agreements, or to protect our rights, property, or safety, or the rights, property, or safety of our users, visitors, staff, employees, directors, or others;
iv) the disclosure is done as part of a purchase, transfer, or sale of services or assets (e.g., in the event that substantially all of our assets are acquired by another party, your information may be one of the transferred assets);
v) the information is provided to our agents, outside vendors, or service providers to perform functions on our behalf (e.g., analyzing data, providing marketing assistance, providing customer service, processing orders, etc.);
vi) or as otherwise described in this Privacy Policy or our Terms. Go Pledge LLC may disclose your non-private, aggregated, or otherwise Non-Personal Information, such as usage statistics of the Go Pledge LLC Website or Services, to our affiliates and third parties.
DATA PROTECTION
Go Pledge LLC uses reasonable technical, administrative, and physical measures to protect information contained in its system against misuse, loss, alteration, or the like. However, no method of electronic transmission or storage is 100% secure and all visitors to the Go Pledge LLC Website assume the risk of any information disclosed to the Go Pledge LLC Website online. If we receive instructions using your log-in information we will consider that you have expressly authorized the instructions.
THIRD-PARTY LINK
From time to time as it sees fit, Go Pledge LLC may permit other third-party website to link to the Go Pledge LLC Website and/or Go Pledge LLC may post links to other third-party websites on the Go Pledge LLC Website. Go Pledge LLC does not endorse any linked websites as they are out of Go Pledge LLC’s control, and by visiting or using the Go Pledge LLC Website you acknowledge this fact and accept any risks that may be incurred by visiting these other third-party websites. These third-party websites have separate and independent privacy policies and terms/ conditions. Please read their privacy policies and terms/conditions before submitting any information to them or making any purchases from them or disclosures to them. Go Pledge LLC shall bear no responsibility or liability for the content and/or activities on these third party websites. The Go Pledge LLC Website may contain advertisements or sponsorships, which are offered by third parties, as well as, in some instances, the Go Pledge LLC Website itself or parties associated with Go Pledge LLC. Go Pledge LLC does not endorse the companies placing such advertisements or sponsorships and are not responsible for any Personally Identifiable Information collected by those third-parties or their advertisements.
ACCESSING YOUR INFORMATION AND YOUR CHOICES
Registered users of the Go Pledge LLC Website can update, amend, or delete their user information at any time by logging into their account. If you no longer wish to receive communications from Go Pledge LLC, you may email us at info@gopledge.com with the subject “UNSUBSCRIBE” or click on the unsubscribe link at the bottom of any email sent to you from Go Pledge LLC. Unsubscribing from the Go Pledge LLC Website does not delete your personal information from the Go Pledge LLC system that may exist in backup or disaster-recovery files. Users of the Go Pledge LLC Website can choose to delete or block cookies (small pieces of data) by setting your browser to either reject all cookies or to allow cookies only from selected websites. If you block cookies for the Go Pledge LLC Website, performance of the Go Pledge LLC Website may be impaired and certain features may not function at all. Cookies may be used on an aggregate basis to track site navigation. This information is not traceable to an individual user. The cookie feature can be turned off on your browser.
CHILDREN’S PRIVACY
The Go Pledge LLC Website is not designed nor intended to be used by children under the age of 18 years. If you are under 18 years old, please do not submit any information to us and please do not use the Go Pledge LLC Website or register an account thereon. Go Pledge LLC does not knowingly collect information of minors under the age of 18 years of age. If Go Pledge LLC discovers that it holds information from any individual under the age of 18 years, Go Pledge LLC will delete such information immediately and delete that user’s account, if any. Go Pledge LLC expressly restricts all visitors under the age of 18 from using or registering an account on the Go Pledge LLC Website or using the Services.
NOTICE TO CALIFORNIA RESIDENTS
Your California Privacy Rights. Certain California residents may request disclosure about the manner in which Go Pledge LLC shares certain categories of information with others for its marketing purposes. If you would like a copy of this notice, send an email to info@gopledge.com with the subject of “CALIFORNIA PRIVACY RIGHTS.” California Consumer Privacy Act. At this time, Go Pledge LLC is not required to comply with the California Consumer Privacy Act (CCPA). Go Pledge LLC will update this Privacy Policy when it qualifies for coverage under the CCPA.
NOTICE TO NEVADA RESIDENTS
Go Pledge LLC does not transfer personal information for monetary consideration. If you would like to tell Go Pledge LLC not to sell your information in the future, please email us at info@gopledge.com with your name, address, phone number, and email address with “Nevada do not sell” in the subject line. DATA PROCESSING AND CROSS-BORDER DATA TRANSFERS The Go Pledge LLC Website is maintained on servers located in the United States, and personal information submitted by users to the Go Pledge LLC Website is stored on our servers in the United States. If you are visiting the Go Pledge LLC Website from outside the United States, please be advised that your information is transferred to Go Pledge LLC U.S. servers. Disclosing your personal information to us pursuant to this Privacy Policy is at your own risk. Go Pledge LLC strives to comply with laws of jurisdictions in which it maintains operations but makes no representations that the practices described in this Privacy Policy are compliant with laws outside those jurisdictions that apply to the collection, security, use and disclosure of personal information.
CONSENT TO PRIVACY POLICY
By using the Go Pledge LLC Website and/or the Go Pledge LLC Services, you consent to the collection and use of information about you in the ways described in this Privacy Policy. Go Pledge LLC reserves the right to update and amend this Privacy Policy from time to time to remain consistent with new products, services, processes, and Internet privacy legislation.
CHANGES TO THE GO PLEDGE LLC PRIVACY POLICY
Go Pledge LLC reserves the right to make changes to its privacy policy at any time, for any reason, at its sole discretion. The Privacy Policy in effect at the time you use the Go Pledge LLC Website governs how Go Pledge LLC may use your information. If Go Pledge LLC makes material changes to its Privacy Policy and/or Terms, Go Pledge LLC will post such on the Go Pledge LLC Website. Please check back here from time to time to review any changes.
HOW TO CONTACT US
The Go Pledge LLC Website is owned and operated by Go Pledge LLC. If you have any questions for us, please direct all inquiries to info@gopledge.com.
GO PLEDGE LLC WEBSITE TERMS AND CONDITIONS LAST UPDATE: January 2024
Welcome to Go Pledge LLC’s website. Your use of the Go Pledge LLC website is subject to the following terms and conditions (“Terms”). Please read these Terms carefully before using our website or using our services. Your use of our website and/or our services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use our website and/or our services. By accessing our website and/or our services, you agree to be bound by these Terms. If you disagree with or do not accept any part of these Terms, please immediately discontinue your use of our website and do not use our services. You represent that you are over the age of 18. Go Pledge LLC does not permit those under 18 to use its website or services.
THE GO PLEDGE LLC WEBSITE
The Go Pledge LLC website provides an online platform for certain charities, individuals, and entities (referred to herein as “Fundraisers”) to raise funds through the sale of goods or services and/or to solicit donations and services related thereto (collectively the “Services”). Visitors (“Users”) of the Go Pledge LLC website wishing to make purchases from or to make donations to a Fundraiser (“Supporters”) interact directly with the Fundraiser. The Services including such transactions are governed by these Terms. In the course of your use of the Go Pledge LLC website, you may be asked to provide certain information to us. You acknowledge and agree that you are solely responsible for the accuracy and content of such information. Our use of any information you provide via the Go Pledge LLC website shall be governed by our Privacy Policy available at www.gopledge.com/privacy.
INTELLECTUAL PROPERTY
All website content and services offered and sold by Go Pledge LLC, such as text, graphics, names, logos, button icons and images, and the like, is proprietary to Go Pledge LLC and protected by United States and international intellectual property laws. Under no circumstances shall you use any intellectual property of Go Pledge LLC without prior written consent from Go Pledge LLC. For inquiries on obtaining written consent from Go Pledge LLC, email info@gopledge.com.
LICENSE AND SITE ACCESS
License from Go Pledge: Go Pledge LLC grants to you a limited, revocable license to access and make personal use of the Go Pledge LLC website and the Services subject to your compliance with these Terms and our Privacy Policy. This limited, revocable license does not grant you the right to download (other than page caching) or modify the Go Pledge LLC website, or any portion of it, except with prior written consent from Go Pledge LLC. This limited, revocable license does not include any resale or commercial use of its website; any collection or use of service listings, descriptions, or other information; any derivative use of the Go Pledge LLC website or intellectual property; any use whatsoever, including copying, of information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion thereof shall not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without prior written consent from Go Pledge LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without prior written consent from Go Pledge LLC. You may not use any meta tags or any other "hidden text" utilizing the name Go Pledge LLC or anything confusingly similar thereto or any logos of Go Pledge LLC without prior written consent from Go Pledge LLC. Any unauthorized use by you or done at your direction shall immediately revoke and terminate your limited license. Eligibility: Users of the Go Pledge LLC website must be 18 years of age or older. The Go Pledge LLC website is not directed at children under the age of 18 and does not knowingly collect information from minor children. By accessing the Go Pledge LLC website and using the Services, you represent that you are over the age of 18 years. License from Users to Go Pledge LLC: Each User of the Go Pledge LLC website grants Go Pledge LLC a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any content that they post on the Go Pledge LLC website throughout the world in any media.
GO PLEDGE LLC’S ROLE
The Services are provided as a platform only. The Go Pledge LLC website is offered only to provide technology to allow Fundraisers and Supporters or other Users to connect. Go Pledge LLC’s role is expressly limited to making the Go Pledge LLC website available and maintaining the Go Pledge LLC website and Services for Fundraisers, Supporters and Users. Go Pledge LLC is a platform and not an agent, consultant, professional fundraiser, broker, financial institution, charity or fiduciary for any Fundraiser, Supporter or User for any purpose. Go Pledge LLC is not responsible for the sale of items offered by Fundraisers and does not control the information provided by Fundraisers. Go Pledge LLC is not responsible for any content posted by any Fundraiser, Supporter or other User, including the accuracy of any description or the timeliness or reliability of any information or content provided by Fundraisers, Supporters or other Users. Go Pledge LLC is not a payment processor, money services business, or other financial institution. Payments made to a Fundraiser are processed using a third-party payment processor (“Payment Processor”). All Users acknowledge and agree that the use of Payment Processors is essential to the Services and that Go Pledge LLC exchanges information with Payment Processors to facilitate the Services provided. Go Pledge LLC does not engage in any solicitation activities on behalf of any individual, entity, organization, or charity. Go Pledge LLC does not intend to and does not post information to provide financial, legal, tax or other professional advice. Before making any payment to any Fundraiser through the Services, you should consult your own financial, legal, tax or other professional advisor as you deem appropriate. Users acknowledge that all information and content they access is at their own risk. Go Pledge LLC has no control over the conduct of or any information provided by any Fundraiser, Supporter or other User and expressly disclaims all liability to the fullest extent permitted by law, as more specifically described below. Go Pledge LLC is not responsible for and does not endorse any Fundraiser, Supporter or other User and do not guarantee or warrant, expressly or impliedly, that any information provided through the Services is accurate or how the funds raised by any Fundraiser will be used. Go Pledge LLC may, but is not obligated to provide intermediary services to assist Fundraisers and Supporters in resolving disputes between them with the agreement of all parties. In the event Go Pledge LLC elects, in its sole discretion, to provide such services, then our decision is final and binding on all parties and cannot be appealed, challenged or reversed.
VERIFIED ACCOUNTS
Fundraisers may have the opportunity to provide Go Pledge LLC with enhanced information about their IRS status and their organization to earn a Verified Account status once Go Pledge LLC has verified their information. Go Pledge LLC uses best efforts in this process but does not guarantee or warrant a Fundraiser’s legitimacy or its status when it is given a Verified Account status.
REGISTRATION & ACCOUNTS
Fundraisers are required to create an account in order to use the Go Pledge LLC website. Fundraisers are required to provide certain validation information and to select a username and password for access to their account. Account access credentials should be kept safe; any instructions we receive using account credentials will be considered to be authorized by the Fundraiser. Fundraisers may log into their account to view and edit their profile and transaction information. Accounts are subject to these Terms and may be canceled or suspended by us at any time in our sole discretion if we believe these Terms have been violated. Supporters and other Users are not required to create an account in order to use the Go Pledge LLC website. Information that is provided by Supporters and other Users to Fundraisers is collected by the Fundraiser as well as by Go Pledge LLC. Go Pledge LLC uses this information in accordance with its Privacy Policy.
COMMUNICATIONS
Go Pledge LLC may from time to time offer Fundraisers the ability to send communications to Users, Supporters, and/or other Fundraisers on the Go Pledge LLC website using Go Pledge LLC facilitated emails or direct messages. These are offered free of charge, but may have limitations on the number of communications that may be sent during any specific period. Fundraisers using such features acknowledge and agree that they, and not Go Pledge LLC, are solely responsible for complying with all applicable laws, including without limitation the Consumer Telephone Protection Act, CAN-SPAM, the Children's Internet Protection Act (“CIPA”), the Children's Online Privacy Protection Rule (“COPPA”), and the Family Educational Rights and Privacy Act (“FERPA”) and for obtaining the consents required by law before sending communications and/or collecting any personal information. Go Pledge LLC does not participate in the communications; it does not determine when a communication is sent, to whom it is sent, the content of the communication, and does not participate in any way in the initiation or sending of the communication other than to provide a channel through which the communication may be transmitted.
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may submit to Go Pledge LLC reviews, suggestions, ideas, comments, questions, or other information, so long as the submission is not illegal, obscene, threatening, harassing, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or harmful to third parties or objectionable and does not consist of or contain software viruses, political campaigning, solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead to the origin of the submission. Should any such submission be publicly viewable, Go Pledge LLC reserves the right (but not the obligation) to remove or edit such submission. If you do post content or submit any material to Go Pledge LLC, and unless Go Pledge LLC indicates otherwise, you grant to Go Pledge LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Go Pledge LLC and its sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post or submit to Go Pledge LLC; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury or harm to any person or entity; and that you will indemnify Go Pledge LLC for all claims resulting from content you supply to Go Pledge LLC. Go Pledge LLC has the right but not the obligation to monitor and edit or remove any activity or content on its website. Go Pledge LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
FUNDRAISER REPRESENTATIONS & WARRANTIES
All Fundraisers using the Go Pledge LLC website represent and warrant the following:
• All information provided in connection with their use of the Services on the Go Pledge LLC website is accurate, complete, and will not or is not likely to deceive reasonable Supporters or other Users of the Go Pledge LLC website;
• All information posted with respect to items listed on events, campaigns, or auctions offered for sale by Fundraisers on the Go Pledge LLC website is accurate; Fundraiser owns or is authorized to sell any items it lists for sale on the Go Pledge LLC website; items listed for sale are genuine and available or subject to limited availability (in which case the Fundraiser will disclose such limited availability on the Site) and are not counterfeit or infringing the intellectual property rights of any third-party; and the Fundraiser, and not Go Pledge LLC, is solely responsible for the delivery or transfer of such items to Supporters; Fundraisers are solely responsible for any disputes a Supporter files due to any issue related to items listed for sale by the Fundraiser on the Go Pledge LLC website;
• They will promptly correct any errors or omissions in posted information on the Go Pledge LLC website;
• All payments received through the use of the Services will be used only as described in the content posted on the Go Pledge LLC website or as otherwise provided in writing to each User/Supporter;
• User/Supporter information received will be used in accordance with the Fundraiser’s publicly posted privacy policy and in accordance with these Terms;
• They will not infringe upon the rights of others;
• They will comply with all applicable laws and financial reporting obligations and will provide Go Pledge LLC and any User/Supporter with all information to establish such compliance;
• Go Pledge LLC may use any information provided by the Fundraiser and share it with any User/Supporter, any regulator, law enforcement or others in connection with any investigation of the Fundraiser;
• If the Fundraiser provides information claiming any tax-exempt status, the cause or activity of the Fundraiser is legal under all applicable laws and regulations and the Fundraiser’s organization is a tax-exempt organization in good standing with the IRS. Fundraisers shall provide accurate and complete information in order to register on the Go Pledge LLC website and use the Services and to keep such information current and accurate. Go Pledge LLC can rely on the accuracy of the information Fundraisers provide, and we have the right, but not the obligation, to verify or validate such information. Fundraisers are responsible to determine what, if any, taxes apply to payments received by Fundraisers; it is Fundraiser’s sole responsibility to assess, collect, report, and remit the correct tax, if any, to the appropriate taxing authority.
USERS/SUPPORTERS CAVEAT EMPTOR
All payments made through the Services are at the User’s/Supporter’s own risk. It is the User’s/ Supporter’s responsibility to investigate the Fundraiser and to understand how any payment made to the Fundraiser will be used. Go Pledge LLC is not responsible for any offers, promises, or promotions made by any Fundraiser. Go Pledge LLC is not responsible for the accuracy of the information that Fundraisers supply and does not guarantee that payments Users/Supporters make will be used in accordance with promises made by Fundraisers or applicable law. If a User/Supporter believes that a Fundraiser is not raising or using funds for their stated purpose or is otherwise committing fraud or some illegal act through its use on the Go Pledge LLC website, please contact Go Pledge LLC at info@gopledge.com. Go Pledge LLC does not make any representation about the tax deductibility or treatment of payments made by Users/Supporters. Go Pledge LLC does not make any representation about the tax status or charitable status of any Fundraiser, including those with Verified Accounts. Fundraisers, and not Go Pledge LLC, are solely responsible for providing Users/Supporters with receipts acknowledging receipt of funds from the User/Supporter. Information provided by Users/Supporters through the Services is shared with the Fundraiser to whom a payment is made and may be used by such Fundraiser in accordance with its own privacy policies. Go Pledge LLC is not responsible for any Fundraiser’s use (of any kind) of a User’s/Supporter’s information. Users/Supporters are responsible to determine what, if any, taxes or tax exemptions apply to payments made to Fundraisers. If a User/Supporter purchases items from a Fundraiser, the User/Supporter is responsible for payment of all applicable sales and use taxes. Users/Supporters who bid on an or item or “buy now” are agreeing to pay for the item if your bid is accepted as the winning bid. Auction payments are non-refundable, and Go Pledge LLC does not make any guarantees on the condition or delivery of items won or purchased by Users/ Supporters. Go Pledge LLC makes no claims on the tax-deductibility of an item listed by a Fundraiser.
INTELLECTUAL PROPERTY INFRINGEMENT
Go Pledge LLC respects the intellectual property rights of others. It is Go Pledge LLC’s policy to respond to any claim that content posted on its website infringes a copyright or other intellectual property infringement of any person. If you are a copyright owner, or authorized on behalf of one, and you believe that your copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Go Pledge LLC website, you must and shall submit your notice in writing to the attention of our copyright agent via email at info@gopledge.com and you must and shall include in your notice a detailed description of the alleged infringement. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any content is infringing your copyright. In the event of violation of this provision, your immediate termination of your account or use of the Go Pledge LLC website may occur and/or legal proceedings may be brought against you. In the event that legal proceedings are brought against you, you agree to indemnify Go Pledge LLC and hold Go Pledge LLC harmless and pay any attorneys’ fees Go Pledge LLC may incur in relation to such proceedings.
DMCA NOTICE AND DMCA PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
• A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Go Pledge LLC website where the material that you claim is infringing is located.
• Your address, telephone number, and email address.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You can contact our copyright agent via email at info@gopledge.com. Upon receipt of a notification, Go Pledge LLC will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
LEGAL COMPLIANCE
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Go Pledge LLC website. Go Pledge LLC reserves the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including but not limited to canceling your access to and use of the Go Pledge LLC website, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profile/account, email addresses, usage history, posted materials, IP addresses and traffic information.
THIRD-PARTY LISTINGS ON GO PLEDGE LLC’S WEBSITE
Go Pledge LLC attempts to be as accurate as possible. However, Go Pledge LLC does not warrant that third-party listings made on its website or their descriptions or other content is accurate, complete, reliable, legitimate, current, or error-free. If a listing is inaccurate in any way, your sole remedy is to report it to Go Pledge LLC, after which, Go Pledge LLC may, but not shall, remove any inaccurate content according to its policies in place at the time the report is made. If you have concerns about a third-party listing on the Go Pledge LLC website, email a link and explanation of your concern to info@gopledge.com.
LINKS TO OTHER WEBSITES
The Go Pledge LLC website may contain links to third party websites. These links may be provided by Go Pledge LLC and/or by a third-party using the Go Pledge LLC website in its thirdparty listing. Regardless of who provides or posts the link, it is provided solely as a convenience to you. By linking to these websites, Go Pledge LLC does not assert that it has created or has any affiliation with, sponsorship for, or endorsement of any such third party websites or the information contained thereon. The inclusion of links within the Go Pledge LLC website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Go Pledge LLC has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
CREDIT TRANSFERS
When you use the Go Pledge LLC services, You expressly authorize Go Pledge LLC’s service provider, Frost Bank, to originate credit transfers to your financial institution account that you provided to Go Pledge LLC for that purpose. You authorize Go Pledge LLC to collect and share with Frost Bank your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data. Frost Bank’s Privacy Policy is available here https://www.frostbank.com/agreements-disclosures/ consumer-privacy-statement.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GO PLEDGE LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; THEIR SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
OWNERSHIP OF THE GO PLEDGE LLC WEBSITE
All pages within the Go Pledge LLC website and any materials made available for download on the Go Pledge LLC website are the property of Go Pledge LLC, or its licensors/suppliers. The Go Pledge LLC website is protected by U.S. and international copyright and trademark laws. The contents of the Go Pledge LLC website, including without limitation, all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Go Pledge LLC website (“Content”), may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms or otherwise approved in writing by Go Pledge LLC. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Go Pledge LLC without its prior express written consent.
USER GENERATED CONTENT
Users are responsible for any User Generated Content posted to the Site. “User-Generated Content” means any comments, ideas, suggestions, information, files, videos, images, or other materials a User provides to Go Pledge LLC or posts on the Go Pledge LLC website. Go Pledge LLC is not responsible for the personally information you choose to submit as User-Generated Content, and Go Pledge LLC reserves the right to remove any User-Generated Content generated by any User at its sole discretion. By posting to the Go Pledge LLC website, you understand that once you post User-Generated Content, it becomes public. Go Pledge LLC is not responsible for keeping any User-Generated Content confidential, so if you do not want anyone to read or see your User-Generated Content, do not submit or post it to the Go Pledge LLC website. Users may not:
(i) provide or submit to the Go Pledge LLC website any User-Generated Content that they do not have the right to submit, unless they have the owner’s prior express permission; this includes material covered by someone else’s copyright, patent, trademark, trade secret, or privacy, publicity, or other proprietary right;
(ii) forge headers or manipulate other identifiers in order to disguise the origin of any User-Generated Content they provide;
(iii) provide any User-Generated Content that contains lies, falsehoods or misrepresentations that could damage Go Pledge LLC or anyone else;
(iv) provide User-Generated Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, or racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law or is otherwise inappropriate;
(v) impersonate anyone else or lie about an affiliation with another person or entity; (vi) use meta tags or any other “hidden text” utilizing any of Go Pledge LLC’s or its suppliers’ product names or trademarks;
(vii) or provide User-Generated Content that disparages Go Pledge LLC or its vendors, partners, representatives or affiliates. Each User represents and warrants that such User owns or otherwise controls all of the rights to the content that such User posts; that such content is accurate; that use of such content does not violate these Terms or any law or regulation; and such content will not cause injury to any person or entity. Go Pledge LLC has the right but not the obligation to monitor and edit or remove any activity or content from the Go Pledge LLC website. User-Generated Content comes from a variety of sources. Go Pledge LLC does not endorse or support any views, opinions, recommendations, or advice that may be in User-Generated Content, nor does it vouch for its accuracy, reliability, usefulness, or safety or the intellectual property rights of any UserGenerated Content. Go Pledge LLC takes no responsibility and assumes no liability for any UserGenerated Content posted by any User or any third party. All Users agree that they will abide by the Community Guidelines set forth below.
WEBSITE SECURITY
The Go Pledge LLC website may be used only for lawful purposes by individuals using authorized Services of Go Pledge LLC. You are responsible for your own communications, including the upload, transmission and posting of information, and the consequences of their posting on or through the Go Pledge LLC website. Go Pledge LLC specifically prohibits any use of the Go Pledge LLC website, and requires all Users to agree not to use the Site, for any of the following:
• Providing to Go Pledge LLC, posting, or publicly sharing any information which is incomplete, false, inaccurate or not your own;
• Impersonating another person;
• Advocating or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation or that fails to comply with accepted Internet protocol;
• Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
• Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
• Posting material that infringes on any other intellectual property, privacy or publicity right of another;
• Using the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the U.S. Office of Foreign Assets Control (“OFAC”);
• Transmitting or transferring (by any means) information or software derived from the Go Pledge LLC website to foreign countries or nations in violation of U.S. export control laws; or
• Attempting to interfere in any way with the Go Pledge LLC website or Go Pledge LLC’s networks or network security or attempting to use the Go Pledge LLC website service to gain unauthorized access to any other computer system. Violations of system or network security may result in civil or criminal liability. Go Pledge LLC will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the User or Users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Go Pledge LLC website, including, without limitation, the following:
• Accessing data not intended for you or logging into a server or account that you are not authorized to access;
• Using any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Go Pledge LLC website, deep-link to any feature or content on the Go Pledge LLC website, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Go Pledge LLC website;
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• Attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Go Pledge LLC website, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
• Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
PASSWORDS
In the event access to the Go Pledge LLC website or a portion thereof is limited requiring a username and password (“Protected Areas”), you agree to access Protected Areas using only your own username and password. You agree to protect the confidentiality of your username and password, and not to share or disclose your username or password to any third party. You agree that you are fully responsible for all activity occurring under your username. Your access to the Go Pledge LLC website may be revoked by Go Pledge LLC at any time with or without cause.
REFUNDS
All transactions and payments made on the Go Pledge LLC website are between the Fundraiser and Supporter and not between a Supporter and Go Pledge LLC. Fundraisers are solely responsible for determining when and whether to issue refunds at their sole discretion. Go Pledge LLC is not responsible for donations and/or any other form of payment made on the Go Pledge LLC website.
PAYMENTS TO FUNDRAISERS
Payment Processor provides all financial services for payments made to Fundraisers through the Go Pledge LLC website. Payment Processor accepts credit and debit cards issued by U.S. banks and ACH payments. If a credit card account is being used for a transaction, Payment Processor may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information on the Go Pledge LLC website and/or through Payment Processor. This may temporarily delay your ability to make payments to Fundraisers through the Go Pledge LLC website while your new payment information is verified. Payment Processor will use information received in connection with payments to Fundraisers made through the Go Pledge LLC website in accordance with its privacy policy available at https://stripe.com/privacy. You represent and warrant that if you are making payments to Fundraisers through the Go Pledge LLC website (i) any credit card, debit card, or bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant card and card information.
In connection with payments to Fundraisers made through the Go Pledge LLC website, you shall:
• Review and clearly accept the agreement to be entered into with Payment Processor (the “Payment Processor Agreement”), including without limitation all updated versions of the Payment Processor Agreement, which agreement makes clear that Payment Processor shall make such payments in accordance with such agreement;
• Not use the Services in violation of the Payment Processor Agreement or for any activity expressly prohibited by Payment Processor;
• Comply with the Payment Processor Agreement and all guidelines and requirements established by Payment Processor or its affiliates or banks;
• Shall not take or fail to take any action that may cause Payment Processor or its affiliates or banks to violate any applicable law;
• Shall not access, use or disclose any information except to the extent necessary for you to access and use the services provided by Payment Processor;
• Only make electronic payments and funds transfers to and from a prepaid account maintained with Payment Processor and represented by a virtual bank account number (if applicable) for business purposes;
• Provide all information necessary to enable Payment Processor to determine your eligibility to receive services and make services available to you and ensure that such information will at all times be complete and accurate; and
• Authorize us to receive on your behalf any notices or forms provided by Payment Processor.
APPLICABLE LAW
By using the Go Pledge LLC website and/or using Go Pledge LLC services, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between us.
DISPUTES
Any dispute relating in any way to your visit to the Go Pledge LLC website or to services sold or offered by Go Pledge LLC in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Harris County, Texas, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Go Pledge LLC reserves the right to make changes to its website, policies, and these Terms at any time for any reason. If any of these Terms shall be deemed invalid, void, or for any reason legally unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
NOTICES
Any notices (i) to Go Pledge LLC shall be given by postal mail addressed to Go Pledge LLC at 11807 Westheimer Rd., Suite 550, # 832, Houston, TX 77077 or by email to info@gopledge.com or (ii) to you at the e-mail address provided by you to Go Pledge LLC. Notices shall be deemed to have been given 24 hours after the e-mail was sent, unless Go Pledge LLC is notified that the email address is invalid, in which event Go Pledge LLC may give notice by email or, if applicable, any postal mail at the address provided by you to Go Pledge LLC upon registration. Notice given by postal mail shall be deemed to have been given three (3) business days after the date of mailing.
COMMUNITY GUIDELINES
You are solely responsible for compliance with all applicable laws in relation to your use of the Services. You are further solely responsible for all User-Generated Content that you upload, post, publish, display, transmit or otherwise use (hereinafter, “Upload”). If you are not the beneficiary of the campaign you organize, you agree to deliver funds to the ultimate beneficiary directly and as soon as possible. You agree to fully cooperate with any request made by Go Pledge LLC for evidence it deems necessary to verify your compliance with these Terms. The following are examples of User-Generated Content and/or use that is illegal or prohibited by Go Pledge LLC. This list is not exhaustive, and Go Pledge LLC reserves the right to remove any campaign and/or investigate any User who, in its sole discretion, violates any of these Terms or the spirit of these Terms. As Go Pledge LLC investigates your campaign, User, or User-Generated Content, it may consider all available material, including, but not limited to, social media, related news, and any other information that Go Pledge LLC, in its sole discretion, deems relevant. Go Pledge LLC further reserves the right, without limitation, to ban or disable your use of the Services, remove any offending User-Generated Content, suspend or terminate your account, stop payments to any such campaign, freeze or place a hold on donations, and/or report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of Go Pledge LLC and/or its Users. Without limiting the foregoing, you agree not to use the Services to raise funds or establish or contribute to any campaign with the implicit or explicit purpose of or involving:
• Breaking the law: the violation of any law or regulation;
• Fraud: information that is fraudulent, misleading, inaccurate, dishonest, or impossible, particularly if done knowingly with the intent to deceive;
• Illegal drugs: narcotics, steroids, controlled substances, abuse of pharmaceuticals or similar products or therapies that are either illegal or prohibited;
• Violence: knives, explosives, ammunition, firearms, or other weaponry or accessories, as well as the promotion of violent ideas such as genocide, execution, and other violent acts;
• Financial schemes: annuities, investments, loans, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or cryptocurrencies;
• Gambling: casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift cards, or sweepstakes;
• Hate, discrimination, and harassment: content that Go Pledge LLC deems, in its sole discretion, to be in support of hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or mental, physical, or other medical conditions;
• Legal defense for serious crimes: campaigns that Go Pledge LLC deems, in its sole discretion, to be for the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, insurrection, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, mental, physical, or other medical conditions, political affiliation, or financial crimes or crimes of deception;
• International sanctions: activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
• Exploitation: funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty, malware or cybersecurity threats of any kind;
• Pornography: pornographic content or other sexual content relating to minors or persons appearing to possibly be minors;
• Graphic: offensive, graphic, perverse or sensitive content;
• Pre-sales: the sale of items before the seller has control or possession of the item;
• Payment manipulation: collecting payments on behalf of merchants by payment processors or otherwise; including, but not limited to, self-payments on campaigns or an attempt to bypass or otherwise circumvent the designated method of payment as provided by Go Pledge LLC;
• Credit: credit repair or debt settlement services;
• Misuse of funds: the receipt or grant of cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the campaign or collecting or providing funds for any purpose other than as described in a campaign description;
• Slander and personal attacks: publication or removal of User-Generated Content (such as mug shots), where the primary purpose of posting such User-Generated Content is to cause or raise concerns of reputational harm, as well as personal attacks, slurs, caustic or combative content submitted with the aim of harming other people in some way;
• No-value-added services: sale or resale of a service without added benefit to the buyer or resale of government offerings without authorization or added value;
• Money laundering: aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
• Piracy: counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
• Intellectual property violations: products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
• Unauthorized sale or resale: of brand name or designer products or services;
• Trade violations: sale of goods or services that are illegally imported or exported;
• Credit card fraud: processing where there is no bona fide donation accepted; cash advance; card testing; or evasion of card network chargeback monitoring programs;
• Financial crimes: any other activity that Go Pledge LLC may deem in its sole discretion to be in support of individuals and/or entities associated with alleged financial crimes, including, but not limited to, corruption, bribery, tax evasion, fraud, and activities of a similar nature; or
• Generally unacceptable activity: any other activity that Go Pledge LLC may deem in its sole discretion to be unacceptable.