THESE TERMS AND CONDITIONS OF USE (THE “TERMS”) SHALL APPLY TO YOUR USE OF OUR WEBSITE WWW.GIVEFEELS.COM, OUR MOBILE APPLICATION AND ANY SOFTWARE AND SERVICE PROVIDED THROUGH ANY OF THE FOREGOING (THE “APPLICATION”). BY USING THE APPLICATION, YOU AGREE TO THE FOLLOWING TERMS, INCLUDING BUT NOT LIMITED TO THE SUBMISSION OF FUNDS TO A DONOR ADVISED FUND FOR CONTRIBUTION TO ONE OR MORE CHARITABLE ORGANIZATIONS, AND THE COMPANY’S PRIVACY POLICY, THE TERMS OF WHICH ARE INCORPORATED HEREIN.
IF YOU DO NOT HAVE AUTHORITY TO APPROVE THESE TERMS AND USE THE APPLICATION OR IF YOU DO NOT ACCEPT THESE TERMS, YOU SHALL NOT ACCESS THE APPLICATION. IF YOU DO NOT HAVE LEGAL AUTHORITY ON BEHALF OF A COMPANY, BUT ARE ATTEMPTING TO USE THE APPLICATION ON BEHALF OF A COMPANY, AND THEREFORE CANNOT AGREE TO THE TERMS, YOU SHOULD IMMEDIATELY REFRAIN FROM SUCH USAGE.
THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND FEELS, LLC, A LOUISIANA LIMITED LIABILITY COMPANY (THE “COMPANY”, “US” OR “WE”). THE COMPANY RESERVES THE RIGHT TO LIMIT YOUR USAGE OF THE APPLICATION OR TERMINATE YOUR USAGE OF THE APPLICATION IF YOU DO NOT COMPLY WITH THE TERMS CONTAINED HEREIN.
THE COMPANY RESERVES THE RIGHT TO CHANGE OR OTHERWISE MODIFY THESE TERMS, INCLUDING ANY PRIVACY POLICY CONTAINED HEREIN, AT ANY TIME WITHOUT PRIOR NOTICE. YOU ARE RESPONSIBLE FOR REVIEWING ANY CHANGES IN TERMS AND CONDITIONS AT SUCH TIMES AS YOU MAY DEEM NECESSARY. YOUR CONTINUED USE OF THIS APPLICATION OR THE WEBSITE AFTER ANY SUCH CHANGES SHALL CONSTITUTE YOUR APPROVAL OF ANY SUCH CHANGES.
THIS APPLICATION IS FOR USE FROM THE UNITED STATES OF AMERICA AND IS NOT INTENDED TO BE USED BY, NOR IS IT CURRENTLY OFFERED TO, PERSONS IN THE EUROPEAN UNION OR ITS MEMBER STATES. IF YOU ARE RESIDING OUTSIDE OF THE UNITED STATES OF AMERICA, YOU MAY NOT USE THE APPLICATION.
By agreeing to these Terms, you are agreeing to the Company’s Privacy Policy, a copy of which can be found here: www.givefeels.com/privacy-policy or on the Application itself, which policy may be amended as set forth therein (as amended, the “Privacy Policy”). In order to use the Application, you must create an account and provide certain information to us. As a condition to creating an account, you acknowledge that you have read through the Privacy Policy and consent to the collection, storage, use and disclosure of personal information and other data described in the Privacy Policy. The Company makes no express or implied warranty that the Company can prevent the unauthorized access or disclosure of your information.
If you register for an account with the Company on the Application (a “Customer Account”), you will be required to provide the Company with complete and accurate user information, including but not limited to current credit card information for at least one credit card that you are authorized to use. Your credit card information will be stored and used by the Company’s third party payment processor, and you acknowledge that by contributing a donation, you are agreeing to any and all applicable terms set forth by our payment partner (which terms are expressly incorporated herein by reference). By registering for a Customer Account and providing this information, you authorize the Company (or its processors) to bill your credit card for the applicable fees associated with your use of the Application, including but not limited to requested donations and related transaction fees. By continuing to use the Application, you reaffirm that the Company (or its processors) has the right to bill your credit card for the requested donations and applicable fees. You shall defend, indemnify and hold the Company harmless from any and all costs, expenses and claims (including reasonable attorneys’ fees) relating to, or incurred by the Company, for collecting any amount from you that is not paid when due.
The Company reserves the right to decline or otherwise refuse to process any donation submitted by you. If any such donation is declined or refused, you will be contacted using the information provided by you to the Company. It is your responsibility to update any credit card information and provide that to the Company through your User Account. If the Company does not receive payment from your credit card provider, then you agree to pay all amounts due to the Company upon demand, including any fees charged by your credit card company.
You are agreeing that the Company may terminate your Customer Account or otherwise deny your access to the Application at anytime and from time to time for any reason or no reason, including without limitation (i) too many attempts to access your Customer Account, (ii) violation of law or the Terms by you or our Privacy Policy, (iii) the dissolution or other event relating to the Company, (iv) any fraudulent or other activity by you with respect to the
Application, or (v) inactivity with respect to your Customer Account for a period of six (6) months or longer.
The Company offers the Application as a platform to allow individuals to contribute monetary donations to a Donor Advised Fund (the “Fund”) and to request that the Fund contribute certain amounts to one or more charitable organizations (“Charities”). The Company is not a broker, financial institution, creditor, charity, nonprofit or other Internal Revenue Code (the “Code”) Section 501(c)(3) organization.
Further, the Company does not provide financial, legal, tax or other professional advice. Before your use of the Application or purchase of any items through the Application, you should consult with your professional advisors. You acknowledge that all information and content accessed by your use of the Application is at your own risk. You, as a donor, must make the final determination as to the value and appropriateness of contributing to Charities. All donations are at your own risk, and you are responsible for understanding how your donations will be used and the tax treatment of such donations. Although there are no fees to register for an account on the Application, as of the date hereof, when contributing money to the Fund, there is no separate transaction fee that will apply which will be deducted from the total donation amount. The Company may change the way fees are handled in the future, but the Company will inform the users as to such change.
The Company is not a Charity, nor does the Company operate as such. The Company has absolutely no control over any Charities, nor the way the Charities spend your donations. The Company is not responsible for any unlawful, illicit or other behavior of the Charities to which your funds are donated. The Company expressly disclaims any and all liability with respect to the conduct of the Charities. The Company may from time to time change the Charities, and some Charities may not be available for purposes of your donation. The Company is not responsible for any Charity losing its status as a charitable organization for purposes of the Code.
The Company hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable, right to use the Application, solely for your own benefit, subject to the Terms contained (or referred to) herein. All rights not expressly granted to you are reserved by the Company. You may not access the Application for purposes of monitoring its
availability, performance or functionality, or for any other benchmarking, reverse engineering, or other competitive purposes. You agree to comply with all applicable laws and regulations in connection with your use of the Application. You agree not to use the Application for any purpose that is unlawful or prohibited by these Terms and you further agree not to use the Application in a manner that could disable, damage or impair the Application or the Company’s server, equipment or software. Further, you shall not:
○ modify or make derivative works based upon the Application;
○ reverse engineer or access the Application in order to build a competitive product or services or copy any content from the application;
○ send to or store on the Application any material containing software viruses, worms, or harmful (or destructive) files or programs;
○ attempt to gain unauthorized access to the Application or its related systems or networks;
○ violate any local, state, federal or international rules, regulations, laws or ordinances;
○ provide any information to the Company that is false or misleading, that attempts to conceal your identity or that you do not have the right to disclose;
○ use the Application to store or transmit deceptive, infringing, false, defamatory, or other unlawful materials; or,
○ conduct or perform any load penetration, vulnerability or security testing or similar operations with respect to the Application.
The limited license granted herein may be terminated at anytime by the Company for any reason or no reason at all.
You acknowledge that the Application contains proprietary information, and that such information may be protected by applicable intellectual property laws. This proprietary information contains, but is not limited to, all media, software, text, likeness, name, technology, trademarks, logos, artwork and content on the Application (the “Company Information”). The Company owns all rights, title and interest, including all related intellectual property rights in and to the Company Information, the Application, and any derivatives, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Application, and any aggregated metrics, data and trends compiled by the Company.
The Company Information is a valuable asset of the Company. Except as explicitly provided herein, the Company Information shall not be reproduced, sold, distributed, copied, altered or transmitted to any third party without the prior express written consent of the Company, which may be withheld for any reason or no reason at all. Except for the very limited license contained herein, you are not granted any license or other right with respect to any Company Information.
The Company uses third party payment services providers to process purchases you make through the Application, including without limitation: ______________________. In the course of your use of the Application, third party payment service providers may receive and implement updated credit card information from your credit card issuer in order to prevent your payment or subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to third party payment service providers at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer. You agree not to hold us responsible for banking charges incurred due to payments on your account.
We may present third party advertisements in the Application. We do not control such advertisements and cannot guarantee that they are reliable or accurate. Inclusion of advertisements does not mean that we endorse the goods or services that they offer, and we bear no liability for any decision by you to purchase or otherwise receive such goods or services. Moreover, we may cooperate with advertisers to offer you sponsored goods or services. The sponsored goods and services are offered by their respective providers, are under their exclusive responsibility, and we shall have no liability for such goods or services. If you encounter any problem with the sponsored goods or services, you agree to contact the third-party providers, not us. The Application may include links to other websites not owned or controlled by the Company. The Company has no control over, assumes no liability for any loss, damage or harm arising from: (a) the privacy policies or other practices of such third parties; or (b) the content or availability of any such websites or applications, and the Company does not endorse any materials available from such websites or applications. The Company encourages you to be aware when you leave the Application. You should read the terms and conditions and privacy policy of each third-party website and application before you provide them with your personal information or other content. You are responsible for complying with the terms of all such third-party websites and applications.
The products offered on the Application may have limited quantities and are subject to exchange only according to these Terms. If you receive a product purchased from the Site that is damaged or defective upon receipt, the Company will replace the damaged or defective component free of charge, provided that you contact the Company within 7 days of purchase at hi@givefeels.com and provide the receipt for your purchase. Only items that are defective or damaged may be exchanged for similar products; if similar products are not available on the Site, then you may exchange the defective or damaged product for a product of equal or lesser value. If you exchange a damaged or defective product for a product of lesser value, you will receive the difference in credit for future purchases from the Site only. If you exchange a damaged or defective product for a product of greater value, you must pay the difference. Certain items, as described on the Application, are not eligible for return or exchange. Items purchased from a third party vendor must be returned to the third party vendor’s store according to their return/exchange policy. We cannot guarantee that your computer monitor's display of any color will be accurate; therefore, those products will not be considered defective or damaged.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You are responsible for all of your activity on the Application and for all activity occurring under your various accounts. You shall abide by all applicable federal, state or local laws and regulations in connection with your use of the Application. You shall: (i) notify the Company immediately of any unauthorized use of any password or account used for access to the Application, or any other known or suspected breach of security related to the Application; (ii) not provide false personal information or non-personal information to access or use the Application; (iii) not use the Application in any unlawful manner; (iv) not publish, post, upload, email, distribute or disseminate any defamatory, disparaging, or false content; and (v) not collect, store or transmit personal information about individuals or any information that is subject to applicable privacy laws or regulations. You shall be solely responsible for any losses incurred as a result of a third party’s user of your user accounts, regardless of whether such use is with or without your knowledge.
You are solely responsible for all content that you provide to the Application (the “User Content”) and the use of all services in the Application. The Company does not own, nor does the Company have any liability, with respect to any User Content and the Company makes no representation or warranty with respect to any such User Content. You shall not upload or otherwise convey any User Content that you do not have access or the legal rights to provide. The Company does not maintain responsibility for the User Content. However, the Company may remove any such User Content at anytime. If there is any dispute regarding any User Content, the Company shall have no liability with respect thereto and the Company shall have no obligation to participate in any proceedings regarding any dispute.
The Company does not own any User Content, provided that you hereby grant the Company a worldwide, royalty-free, non-exclusive right to use, reproduce, create derivative works of, distribute, perform, transmit and publish your User Content for the sole purpose of the Application and the promotion thereof.
You represent and warrant that you (a) are an individual who is at least 18 years of age; (b) have not falsely identified yourself nor provided any false information to gain access to the Application; (c) will provide current, complete and accurate payment and account information in connection with your use of the Application; (d) will promptly update your account information and other user information, including but not limited to your email address and credit card information, so that the Company may facilitate your requested donations and contact you as needed; (e) will use the Application solely in accordance with the Terms; (f) you have not violated any privacy or other rights of any third party with respect to any User Content (g) agree to maintain the confidentiality of your Customer Account and your password; (h) are responsible for all activities that occur with respect to your Customer Account; and (i) you will not attempt to gain unauthorized access to the servers or network of the Company or the Application.