Terms & Conditions

Updated: August 29, 2019

Funds for Veterans (“FFV,” “us,” “we” or “our”) provides crowd funding services (“Services”) to users of our website, including campaign organizers and donors (“Users”), subject to the following Terms and Conditions of Service (“Terms”). FFV retains the right to update, alter and/or change these Terms any time, now or in the future. FFV will post said potential changes on this page, indicating the date of said revision. Any updates and or modifications will go into effect no earlier than fourteen days after they are posted, except for new tools of services or due to legalities requiring an immediate change, which will be considered effective immediately. If you are unwilling to accept these Terms, you must discontinue your use of our Services, including accessing our website, at this time.  Similarly, if you are unwilling to accept any changes to our Terms should they be made, you must at that time discontinue your use of our Services, including accessing our website, at that time.

In addition, when using our Services, you may be subject to additional terms as applicable to such Services.  These additional terms shall be made available for Users to read on our website.

DEFINITIONS

For the purposes of these Terms, the following words and phrases have the below assigned definitions, unless the word or phrase is clearly meant to have a different meaning in the context of its use:

Campaign or Fundraising Campaign means the request made by Campaign Organizer for Donations from Donors made by the Campaign Organizer.

Campaign Organizer means a User of our Services who is requesting Donations from Donors via a Campaign.

Crowd funding means a request for Donations from Donors made by a Campaign and made using our Services.

Donation means the money paid by a Donor to the Campaign through the use of our Services.

Donor means a User of our Services who donates money through our Service to a Campaign.

Our Service or Service means the crowd funding platform provided by us to Users.

User means a person who uses our Services in any way, including visitors to our websites, donors and campaign organizers.

ACCESSING AND USING SERVICES

Services Description: Our Services are offered as a platform to Users, who include Campaign Organizers and Donors and other users of the Services (including users who “like” Campaigns and interact with Services). Our Services are designed to allow a User post a Fundraising Campaign to our website and accept Donations from those Users wishing to contribute funds to the Campaign. Although there aren’t any fees to set up a Campaign, a percentage of each donation will be charged by FFV as fees for our Services.

Services as a Platform: Our Services are an administrative platform only. FFV only facilitates the Donation transaction between Campaign Organizers and Donors, and is not an employee, employer, agent, broker, creditor, financial firm, or insurer for any User and has no control over the actions of a Donor or Campaign Organizer. FFV hereby disclaims all such liability between us and Users.

No guarantees are made by FFV that a Campaign will receive a certain amount of Donations. We don’t endorse any Campaign or Organizer of a Campaign, and make no guarantee that information provided through Services by a User is correct and as such we disclaim any liability for the success, however defined, of any Campaign.

We do not confirm information Campaign Organizers provide is true, nor do we guarantee that the Donations will be used for the purposes prescribed by the Campaign Organizer in the Campaign. We assume no liability in ensuring the Donations are used in accordance with applicable laws, are used as claimed by the Campaign Organizer, or that the Campaign Organizer is who they claim to be.  That said, a Campaign Organizer must state, under penalty of perjury, that all information provided in connection with a Campaign is accurate and complete and not aiming to defraud or deceive and all Donations contributed to the Campaign will be used only as described in the purpose as posted. The Campaign Organizer must be in compliance with their local jurisdiction’s laws when soliciting funds to the extent any personal data of any third party for any purpose, including the names, email addresses and phone numbers of personal contacts, are shared with FFV as applicable under law.

Registration Obligations: Users may be required to register with FFV in order to access and use our Services. If choosing to register, you agree to provide true, veritable and complete information about yourself as prompted by our Services registration form. Campaign Organizers must register using their real name and image or video supposedly depicting the Campaign Organizer. Registration data and other information about you are governed by our Privacy Policy. No one under 13 years of age is authorized to use our Services, with or without registering. If, however, the prospective user is under the age of majority in their local jurisdiction the use of our Services may be authorized only with parental or guardian approval.

Taxes: Users are responsible for determining and assessing if there are any applicable taxes on the Donations received through the use of our Services and to collect and remit said potential tax payments to the appropriate tax authority.

Member Password Security: The User is responsible for maintaining confidentiality of their personal account password and is completely responsible for any occurrence under their password or account. The User must immediately notify us of any unauthorized use of their password and must sign out of their account at the conclusion of each session spent using or viewing and/or using our Services.

Modifications to Services: We reserve the right to modify, suspend or terminate a User’s access to our Services at any time and for any reason. We will endeavor to give notice of any such occurrence, but all Users hereby agree that FFV will not be liable for any modification, suspension or discontinuance of access to our Services.

Public Display of Donations: Donors have the choice to display their donation publicly or to keep details of the donation private by clicking the “Private” checkbox during the donation process.

Storage and Use: FFV may establish the maximum period of time data will be retained by our Services and the maximum storage space allotted on FFV servers on a user’s behalf. FFV has no liability for the deletion of, loss or failure of the data storage maintained or uploaded by our Services. FFV reserves the right to terminate User’s accounts or Campaigns that are inactive for a prolonged period of time, but will use reasonable efforts to provide the Campaign Organizer with notice before terminating an inactive Campaign which still retains a positive donation balance.

Conduct of Users: Users are responsible for all Campaign materials (“content”) that they may post, publish, or transmit via the use of our Services. The following are examples of the kind of content and/or use considered illegal or prohibited by FFV, however, it is not an exhaustive list. FFV reserves the right to investigate anyone by engaging public and private organizations, including, but not limited to: collection agents, private investigators, and government agencies, and to take appropriate action against anyone violating these Terms, including removing the offending content, suspending or terminating the account of such violators, stopping payments to any such Campaign, freezing or placing a hold on funds donated to the said Campaign, reporting to law enforcement authorities or taking the necessary legal action.   The determination of whether the content violates these Terms shall be at our discretion.

Users agree to not use our Service to do any of the following, whether directly or indirectly:

  1. Establish a Campaign or contribute to a Campaign where the purpose of the campaign, directly or indirectly, is related to any of the following:

    1. Activity which stems from or results in the violation of laws or regulations;

    2. Fraudulent, misleading, inaccurate, and dishonest campaigns;

    3. Substances or paraphernalia which are illegal, on a State or Federal level, including drugs and narcotics, steroids, and controlled substances;

    4. Any weaponry or accessories to weaponry;

    5. Annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses, debt collection or crypto-currencies;

    6. Any gaming or gambling activity that possesses an entry fee / prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill or chance or sweepstakes;

    7. The advocacy for and/or promotion of hate, violence, harassment, discrimination, and/or terrorism;

    8. Activities involving countries, regions, governments, persons, or entities that are subject to U.S. economic sanctions;

    9. Ransom, human trafficking or exploitation;

    10. Sexual content;

    11. Offensive or graphic content;

    12. Encouraging criminal behavior or activity and/or advocating for criminal behavior or activities;

    13. Offering monetary rewards / gift cards;

    14. Sale of item(s) before seller has possession of item(s);

    15. Collection of payments by payment processors;

    16. Credit repair or debt settlement services; and

  2. Transmit or otherwise upload any content that (i) infringes any intellectual property of another party; (ii) violates a law or a contractual or fiduciary relationships; (iii) contains software viruses computer codes, files or programs designed to interrupt, destroy or limit the functionality of any device or our Service; (iv) poses or creates privacy or security risk to any person or our Service; (v) is unsolicited or unauthorized advertising “spam,” “chain letters,” “pyramid schemes,” or “contests;” and/or (vi) is objectionable or restricts or inhibits any other person from using or enjoying our Services; and

  3. Interfere with or disrupt our Services or servers or networks connected to our Services; and

  4. Harvest or collect email addresses or contact information of Users.

Donations: The Donor will be required to provide us with information regarding their credit card or other payment instrument. A Donor warrants to us that such information is true and that the said Donor is authorized to use the said payment instrument. The Donor also agrees that all Donation payments are final. No refunds will be issued unless we make the decision to and agrees to issue a refund. Donors may contribute Donations on a recurring basis and by choosing this option the Donor agrees to keep account information updated and to promptly make any necessary changes that may occur regarding the account and to pay the Donation amount originally specified. The Donor authorizes us to bill the payment instrument in advance on a periodic basis until the Donor may terminates payments, which can be done at any time.

Fees: We do not charge a Campaign Organizer any upfront fees for initiating a Campaign. An additional payment processing fee is deducted from each Donation and is payable directly to our payment partners. Donors acknowledge that by contributing a Donation to a Campaign, the Donor is agreeing to any and all applicable terms and conditions set forth by our payment partners, in addition to these Terms.

Fees are deducted directly from each Donation, and will not be reflected in the amount which a Campaign Organizer can withdraw from the Campaign. FFV maintains the right to change our fee pricing. If FFV does change its fees, FFV will provide advance notice. Your continued use of Services after the fee change becomes effective constitutes your acceptance of the update. All fees referred to in these Terms of are exclusive of value added tax, goods and services tax and any other taxes.

Holds: We may place a hold on a Campaign account at any time and in our discretion, which shall result in restricting withdrawals by a Campaign Organizer. A hold may be placed on a Campaign account for several reasons including, but not limited to: reason to believe information provided by Campaign Organizer is false, misleading, or fraudulent, or that funds are being used in a prohibited manner; belief a Campaign or Campaign Organizer is in or may be in violation of these Terms of Service; and if is required in order to maintain compliance under law.

Withdrawing Donations: A Campaign Organizer has the right to withdraw Donations made to a Campaign at any time up to the full amount of Donations credited to the Campaign, less the fees and subject to any holds that may be placed on the Campaign account by FFV or our payment partner(s). A Campaign Organizer has the option to withdraw Donations by electronic wire transfer to their bank account or (in some cases) by receipt of a paper check. While FFV strives to make withdrawals available promptly, withdrawals may not be available for use immediately, and we do not guarantee that withdrawals will be available within any specific time frame. We disclaims all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability.

International Use: Software available in connection with our Services and the transmission of applicable data may be subject to export controls and economic sanctions laws of the United States or other jurisdictions. No software may be downloaded from the Services or otherwise exported or re-exported in violation of such export control and economic sanctions laws. Downloading or using the software is at your own risk.

Trademarks of Services: Services may contain content or features protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as authorized by us, users may not copy, sell, distribute, loan, lease, modify, sell, distribute, frame, scrape, rent, or create similar works derived from our Services or the Services Content, except that the foregoing does not apply to a user’s own Content legally uploaded to Services. In connection with use of the Services users will not engage in or use any data mining, robots, scraping or similar data gathering operations. If we blocks a user from accessing the Services, the user agrees not to implement any means to bypass or reverse such blocking. We retain ownership of the technology and software underlying our Services. Users may not create a similar copy derived from our technology and software, modify, or reverse engineer or disassemble or try in any way to unravel any source code, nor may they assign, sublicense the software, or sell, assign, or sublicense any product derived from FFV.

The Funds for Veterans’s name and logos are trademarks and service marks of Funds for Veterans.

Third-Party Material: FFV will not, in any way, be liable for any content of any third parties, Users, or Campaign Organizers, such as errors or omissions in content or loss or damage resulting from use as content on the FFV Platform. FFV has the right to remove content that violates these Terms of Service or is deemed objectionable by FFV.

Transmitted Content: Regarding content which Users upload or post through our Services or share with other Users or recipients, the user grants FFV a nonexclusive, worldwide, royalty free, fully paid and transferable, perpetual and irrevocable license to copy and display, upload and perform, distribute and store, modify and use User content within the operations of our Services or the promotion, in any form or technology now known or later developed. If any User content contains the User’s name, image or likeness, the User hereby releases and holds harmless FFV from all claims for invasion of privacy, publicity or libel, any liability or other claims.

Any submission provided by a User to FFV is non-confidential. FFV may preserve content and may also disclose content if required to do so by law or in the good-faith belief that such is reasonably necessary.

Copyright Complaints: If you believe that your work has been copied in a way that constitutes copyright infringement, you should notify FFV of your infringement claim according to the procedure set forth below.

FFV will process and investigate notices of alleged infringement and will take appropriate actions if necessary under the Digital Millennium Copyright Act (“DMCA”). A notification of claimed copyright infringement (“Notice”) should be mailed to:
Funds for Veterans
2033 McDermott Rd, 320-288
Alle, TX 75013

To be effective, the notification must include the following information:

  • a physical signature of the owner of the copyright or other intellectual property interest;

  • a description of the copyrighted work that has been allegedly infringed;

  • a description of where the material that you claim has been infringed is located on our Services;

  • your address, telephone number, and email address;

  • a statement that the above information in your Notice is accurate and that you are the copyright or property owner.

Counter-Notice: If you believe that your User content that was removed is not infringing, or that you have the authorization to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the above-listed address:

  • your physical signature;

  • identification of the content that has been removed;

  • your name, address, telephone number, email address, and statement that you will accept service of process from the person who provided notification of alleged infringement.

If counter-notice is received, FFV will send a copy of counter-notice to the complaining party, informing that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access restored, in ten (10) to fourteen (14) business days after receipt of counter-notice.

Repeat Infringer Policy:  In accordance with the DMCA and other applicable laws, we have adopted a policy of terminating Users deemed repeat infringers or any User who infringes at any time, the intellectual property rights of another.

Third Party Services: Services or third parties may provide links or access to other sites, services and resources on the Internet. Any dealings Users have with third parties while using our Services are between the User and the third party. We are not liable for any loss or claim that a User may have against any such third party.

Social Networking Services: Users may enable or log into our Services via online third-party services, such Facebook or Twitter. By logging in or directly integrating these social networking services into our Services, the Users online experiences are richer and more personalized. To take advantage of this feature, we may ask the User to authenticate, register, or log into their social networking service(s). Please remember the manner in which social networking services use, store and disclose a person’s information is governed by policies of such third parties. FFV shall have no liability for the privacy practices or other actions of any third-party enabled within the Services.

Indemnity and Release: Users agree to release, indemnify on demand and hold FFV and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury arising out of or relating to the Users use of the Services, any Donation or Campaign, any User content, the Users connection to our Services, the User’s violation of these Terms or the violation of any rights of another.

Disclaimer of Warranties: USERS USE OF OUR SERVICE IS AT THE USERS RISK. SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  FFV MAKES NO WARRANTY OR CONDITION THAT OUR SERVICE WILL MEET THE USERS REQUIREMENTS, THAT OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM THE USE OF OUR SERVICE WILL BE ACCURATE OR RELIABLE.

Limitation of Liability : USERS UNDERSTAND AND AGREE THAT FFV WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, DAMAGES FOR LOSS OF GOODWILL, DAMAGES FOR LOSS OF USE, LOSS OR CORRUPTION OF DATA, OR OTHER INTANGIBLE LOSSES.

IF YOU ARE DISSATISFIED WITH THESE TERMS YOU MUST DISCONTINUE USE OF OUR SERVICES.

While most User issues and complaints can be resolved quickly and to the User’s satisfaction by contacting us, we and the User each agree to resolve those issues through binding arbitration instead of in courts of general jurisdiction should we not be in the position to remedy the situation outside of a court of law.

Arbitration Agreement: We and the User agree to arbitrate all disputes and claims. This includes, but not limited to:

  • claims arising from any aspect of the relationship between us and the User;

  • claims that arose before this or any prior agreement;

  • claims subject of class action litigation in which the User is not a member of a class;

  • claims that may arise after termination of these Terms.

References to “FFV,” “we,” “our,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns. By using our Service and thereby agreeing to into these Terms, a User and FFV are each waiving the right to a trial by jury or to participate in a class action. If residing in the United States, these Terms evidence a transaction in interstate commerce, and thus the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms of Service.

A party seeking arbitration must first send to the other, by certified mail, a written Notice of Dispute. The Notice to FFV should be sent to 2033 McDermott Rd, i320-288, Alle, TX 75013. The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief sought. If FFV and you do not reach an agreement resolving the claim within sixty calendar days after the Notice is received, you or FFV may commence an arbitration proceeding.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.

Termination: FFV may suspend or terminate a User’s account and remove and discard any content within our Services under reasonable circumstances if FFV believes a User violated these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities as required.

User Disputes : Users are solely responsible for their interactions with any other User in connection with our Services and FFV will have no liability with respect thereto. FFV reserves the right to become involved in any way with disputes between Users.

General: These Terms constitute the entire agreement between us and Users and govern Users use of our Services. Additional terms and conditions may also apply when using affiliated or third-party services, content or software.