PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS INCLUDE A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER PROVISION. BY CLICKING THE “CONTINUE” BUTTON OR BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE.
These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
SavingAmerica.com facilitates crowd funding ad crowd collaboration and serves as a platform that processes payment transactions through 3rd-party payment solutions. SavingAmerica.com may use a multitude of 3rd party vendors including by not limited to WePay. Saving America.com is not a chartered banking repository and therefore only attached to any fee’s structured into the use of the platform and all funds are paid directly to 3rd-party payment solutions.
You will not hold Saving America.com liable or responsible for any funds or tax obligations on those funds paid to 3rd-party payment solutions.
Donors and Users agree not to involve Saving America.com in any litigation that occurs due to using the website and will be held liable for any loss or damage due to failure to comply to the terms of this agreement.
Terms of Service and any terms expressly incorporated herein (“Terms”) apply to your access to and use of the websites and services (our “Services”) provided by SavingAmerica Inc. (“Company,” “we,” or “us”), located at www.savingamerica.com.
You represent and warrant that you: (a) are 18 years of age or older, (b) have the legal capacity to form a binding contract; (c) have not previously been suspended or removed from using our Services; (d) are legally permitted to, and do, live in the United States; including Puerto Rico and all other US territories; (e) you will comply with all local, state/provincial, regional & national laws in your area of residence; (f) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party. If you are registering to use the Services on behalf of a legal entity, you further represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; (ii) you are duly authorized by such legal entity to act on its behalf amd (iii) you will alert the Company about any unauthorized use of your User or Donor accounts.
Saving America.com is a service that enables Users to collect money into their own WePay accounts for a specific purpose. Upon becoming a User through the Registration process, or a Donor through either the Donation process or comment process, you agree that Saving America.com may, in our sole discretion, modify the terms of this Agreement by updating the modified terms to the Saving America.com website. By continuing to use the product after registering you are accepting the modified Terms and Conditions of Service.
Furthermore, you agree to allow Saving America.com to use anonymous aggregate data to enable SavingAmerica.com to offer a better service in the future.
You must create an account with Company to access the Services (“Account”). When you create an Account, you agree to: (a) create a strong password that you do not use for any other website or online service; (b) provide accurate and truthful information; (c) maintain and promptly update your Account information; (d) maintain the security of your Account by protecting your Account password and restricting access to your computer and your Account; (e) promptly notify us if you discover or otherwise suspect any security breaches related to your Account; and (f) take responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account, to the maximum extent permitted by law.
In order to create a campaign on this web site for the purpose of raising money, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about your Saving America account.
This privacy notice discloses the privacy practices for www.savingamerica. This privacy notice applies solely to information collected by this web site, except where stated otherwise. It will notify you of the following:
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. We will not share your data with any other company outside of these limitations. Unless you ask us not to, we may contact you via email in the future to keep you informed about Savingamerica.com.
You may opt out of any future contact from us at any time. You can do the following at any time by contacting us via the email address provided on our web site:
We take precautions to protect your information. When you submit sensitive information via the web site, your information is protected both online and offline. Wherever we collect sensitive information, that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the top of your web browser, or looking for "https" at the beginning of the address of the web page. The computers/servers on which we store personally identifiable information are kept in a secure environment. The Saving America community is designed to reward authenticity and transparency during fundraising campaigns. Below you’ll learn more about how Saving America protects its community.
Donors should only contribute payments to Saving America users they personally know and trust. We’re often asked how a donor can tell the authenticity of a personal cause found on Saving America. Unfortunately, there is no way to 100% guarantee that a user’s Saving America donation page contains accurate or truthful information. As such, donors should not make payments to any campaigns or people unless they fully understand and trust the cause presented.
All transactions initiated through Saving America are securely encrypted using Secure Socket Layer (SSL) technology. A small security indicator, usually a lock icon or green bar, will appear in the web browser you’re using to verify the security of the transaction.
Beware of donation pages that attempt to bypass the prescribed donation method (ie, posting direct links to alternative payment methods). Only complete payments by clicking on the large ‘Donate’ button found on each Saving America donation page. Please report pages that request direct payments or users who attempt to contact you to arrange an alternative method of payment.
Saving America contains a number of features designed to help you make an informed donation decision. Specifically, please refer to the ‘Created By’ area located on each Saving America online donation page, and only donate to people you know & trust. When in doubt, don’t donate.
Saving America users receive all payments through their own personal WePay or Stripe payment processing accounts. As such, each Saving America user immediately receives each donation into their chosen payment account. All transactions initiated through Saving America are securely encrypted using Secure Socket Layer (SSL) technology. A small security indicator, usually a lock icon or green bar, will appear in the web browser you’re using to verify the security of the transaction.
Attempting to bypass the prescribed donation method (ie, posting direct links to alternative payment methods) is strictly prohibited by Saving America and will result in account termination.
At no time will Saving America request or store sensitive data such as users’ banking information or passwords to payment accounts. Users will securely provide such information only within, and when prompted by their WePay or Stripe account.
Please beware of, and immediately report any solicitations made through your Saving America page. Additionally, exercise caution if you receive offers from 3rd-party fundraising companies or individuals offering personal assistance.
The Saving America Team is extremely responsive and wants to hear from you. Immediately report any problems or concerns directly to us on our Contact page.
If you believe you have been a victim of fraud from a person or an organization soliciting relief funds on behalf of storm victims or have knowledge of waste, abuse, or allegations of mismanagement involving disaster relief operations, contact the National Center for Disaster Fraud toll free at: (866) 720-5721
You can also fax information to: (225) 334-4707 or e-mail it to: firstname.lastname@example.org
It is your responsibility to report and remit the correct income tax for any Saving America activity you obtain from Company through the Services.
Saving America charges a flat fee of 5% on all payments collected. The service works with WePay in the USA to ensure that all donations go directly to you automatically - and in real-time.
In addition to Saving America's 5% fee, users are also agreeing to the following fee, along with the linked Terms & Conditions found below, based on the user's selection during the Saving America sign-up process.
US Users ONLY: WePay charges a fee of 2.9% AND $0.30 per donation. Read WePay's Terms & Conditions.
CA Users ONLY: WePay charges a fee of 2.9% AND $0.30 per donation. Read WePay's Terms & Conditions.
All fees are deducted from each transaction automatically so you're never billed for anything.
Saving America is not the same company as WePay and their fees and commissions are subject to change without notice from us.
Company reserves the right to charge fees for use of the Services in the future with prior notice.
We may, in our sole discretion and without liability to you, modify or discontinue (temporarily or permanently) any portion of our Services at any time, without prior notice.
Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicenseable license to access and use the Services solely for the purposes for which the Services are provided. When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property, or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not do, and will not permit any third party to do, any of the following:
You represent and warrant that any information you provide via the Services is accurate and complete. You acknowledge and agree that Company is not responsible for any errors or omissions that you make in connection with the Services. If you violate any of the foregoing, your right to access and use the Services may stop immediately and automatically, and you will have infringed the copyright and other rights of the Company, which may subject you to prosecution and damages.
As a Saving America user, the online donation page you publish will be publicly available on the internet, for all to see, including search engines like Google and Yahoo. There are no private or hidden Saving America donation pages. Your activity is public.
You are independently responsible for complying with all applicable laws in all of your actions related to your use of Saving America's services, regardless of the purpose of the use.
By using Saving America, Users are representing and warranting that all donations received are being given and being used solely for the purpose(s) stated within the content of the User’s campaign. We reserve the right to provide information relating to your campaign with donors and beneficiaries of your campaign, and with law enforcement or to assist in any investigation.
Saving America relies on its terms as a guideline in the decision-making process to arrive at its long-standing right to remove any campaign at any time for any reason. Saving America will continue to reserve the right to amend its terms as it deems necessary to support the wide and varied use-cases it encounters on its growing platform. No single set of terms will ever encompass every possible variable and Saving America will always review questionable campaigns on a case-by-case basis, especially as additional information about campaigns becomes available.
NOTE: Campaign organizers will not be penalized for unwanted and inappropriate comments relating to the items above posted to their campaigns by others.
Company may suspend or terminate your license to access or use the Services for any reason without notice at Company’s discretion. You will stop accessing or using the Services immediately if Company suspends or terminates your license to access or use the Service. Company reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Services during suspension or after termination. Company may recover its reasonable attorneys’ fees and court costs from you for such actions. These Terms will remain enforceable against you while your license to access or use the Services is suspended and after it is terminated. Except for the license to you to access and use the Service, all of the terms, conditions, and restrictions set forth in these Terms will survive termination of these Terms.
The Services may include interactive areas or services, such as messaging, online hosting, storage services, or other areas or services, in which you or other users may create, post, or store messages, materials, data, information, text, photos, video, graphics or other such items and materials (“User Content”). User Content may be publicly viewable. Company reserves the right, but does not have the obligation, to remove, screen, or edit any User Content posted or stored on the Service at any time and for any reason without notice. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Services any of the following:
You are solely responsible for creating backup copies of and replacing your User Content at your sole cost and expense. By submitting or posting User Content, you hereby grant to Company a non-exclusive, transferable, royalty-free, perpetual, irrevocable, sublicensable right to use, reproduce, modify, adapt, publish, translate, sell, create derivative works from, distribute, perform, and display the User Content, and your name, Company name, location, and any other information you submit with the User Content, in connection with the Services. The use of your or any other User’s name, likeness, voice, or identity in connection with the Service does not imply any endorsement thereof unless explicitly stated otherwise. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in this section.
In using our Services, you may view content or utilize services provided by third parties, including links to web pages and services of such parties (“Third-Party Content”). We do not control, endorse or adopt any Third-Party Content and will have no responsibility for Third-Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third-parties are solely between you and the third-parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and you interactions with third parties, is at your own risk.
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding Company or our Services that you provide, whether by email, posting through our Services or otherwise (“Feedback”). Any Feedback you submit is non-confidential and will become the sole property of Company. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Further, you agree not to submit any Feedback that is defamatory, illegal, offensive or otherwise violates any right of any third-party, or breaches any agreement between you and any third-party.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s discretion, Users who are deemed to be repeat infringers. We also may, at Company’s discretion, limit access to the Service and terminate access of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Service infringes upon any copyright that you own or control, you may file a notification with Company’s Designated Agent as set forth below:
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by Company or the alleged infringer as the result of Company’s reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services, including, without limitation, the Company or Company logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Company Materials”) are the proprietary property of Company or our licensors or suppliers and are protected by copyright laws and other intellectual property rights laws.
We hereby grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to access and use the Company Materials for your personal or internal business use. Such license is subject to these Terms and does not permit (a) any resale of the Company Materials; (b) the distribution, public performance, or public display of any Company Materials; (c) modifying or otherwise making any derivative uses of the Company Materials, or any portion thereof; or (d) any use of the Company Materials other than for their intended purposes. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services.
“SavingAmerica,” the Company logo, # America, Wall of America, Pulse of America, America’s Ballot Box, America’s Postcard, America’s Poll, America’s Conversation, Saving America (two words), In Us We Trust/We Trust in Us, The Party With No Name/No Name Party, Saving America One Conversation At A Time and any other Company product or service names, logos or slogans that may appear on our Services are trademarks of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. You will not use any trademark, product, or service name of Company without our prior written permission, including without limitation any metatags or other “hidden text” utilizing any trademark, product, or service name of Company. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without prior written permission. All other trademarks, registered trademarks, product names and Company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes, or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
To the maximum extent permitted under applicable law, and except as expressly provided to the contrary in writing by us, our services are provided on an “as is” and “as available” basis. To the maximum extent permitted under applicable law, we expressly disclaim, and you waive, all warranties of any kind, whether expressed or implied, including, without limitation, implied warranties or merchantability, fitness of a particular purpose, title and non-infringement as to our services, including the information, content and materials contained therein.
You acknowledge and agree that there are risks associated with utilizing an Internet-based social activist platform including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third-parties may obtain unauthorized access to information stored within your Account. You acknowledge and agree that Company will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused.
Company takes no responsibility for and will not be liable for any losses, damages or claims arising from the use of our Services, including, but not limited to, any losses, damages or claims arising from a.) server failure or data loss, b.) forgotten passwords, or c.) “phishing,” spam, viruses, third-party attacks or any other unauthorized third-party activities.
Except as otherwise required by law, in no event shall COMPANY, or Directors, Members, Employees or Agents be liable for any special, indirect or consequential damages, or any other damages of any kind, including but not limited; loss of use, loss of profits, loss of data, whether in an action, in contract, tort (including by not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use our services or the COMPAMY MATERIALS, including without limitation any damages caused by or resulting from reliance by any user on any information obtained from COMPANY, or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses delays in operation or transmission, or any failures of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorized access to COMPANY’s records, programs or services.
To the maximum extent permitted by applicable law, in no event shall the aggregate liability of COMPANY (Including but not limited to our Directors, Members, Employees, and Agents), whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability or other theory, arising out of or relating to the use, or inability to use, shall not exceed one hundred dollars ($100).
You agree to defend, indemnify and hold harmless Company (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
You and Company agree to arbitrate any dispute arising from these Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Company agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Company must be sent to email@example.com. You and Company further agree:
Any dispute between the parties will be governed by these Terms and the laws of Delaware, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
Whether the dispute is heard in arbitration or in court, you and Company will not commence against the other; A Class Action, Class Arbitration or Representative Action, or other proceeding.
These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other written agreement you may have with the Company, or for any other Company product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with Company, the terms of such other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending you an email and/or by posting the amended Terms via the Services and updating the “Last Updated” date at the top of these Terms.
All amended Terms will become effective immediately on the date they are posted to the Services unless we state otherwise via our notice of such amended Terms. Any amended Terms will apply prospectively to use of the Services after such changes become effective. Your continued use of the Services following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to any amended Terms, you may discontinue using the Services.
Our failure or delay in exercising any right, power or privilege under these Terms will not operate as a waiver thereof.
The invalidity or unenforceability of any of these Terms will not affect the validity or enforceability of any other of these Terms, all of which will remain in full force and effect.
Company is an independent contractor for all purposes, and is not your agent or trustee.
You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Company, including by operation of law or in connection with any change of control. Company may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
Headings of sections are for convenience only and will not be used to limit or construe such sections.
Sections 16 (Disclaimer of Warranties), 18 (Limitation of Liability), 19 (indemnity), 20 (Applicable Law; Arbitration), this Section 21 (Miscellaneous), and any other term that, by its nature, should survive, will survive any termination or expiration of these Terms.
Electronic communications from Saving America.com will be sent to Users to inform them of a variety of events that inform them about the state of their fund. You agree to allow Saving America.com to send these communications to your email address. You also agree that Saving America.com is not liable for any user generated content that is sent to you as a part of these communications.
You agree that you are liable for any communications you send to potential Donors promoting your cause(s) on the site. These communications include, but are not limited to, "share" emails sent through the Saving America.com and communications sent outside of the Saving America.com system.
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