Changefunder.org

Terms and Conditions

Terms and Conditions

Last updated: November 18, 2019


Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the changefunder.org or app.changefunder.org websites (the "Service") operated by ChangeFunder.org , Inc.("ChangeFunder", "us", "we", or "our").  Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.


ARBITRATION AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED BELOW, BY USING THE SERVICE, YOU AGREE THAT ANY DISPUTE YOU HAVE WITH CHANGEFUNDER WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT. 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.


Communications

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.


Prohibited Activities

You are solely responsible for your conduct and your content when using the Service and for compliance with these terms.  You agree that you will not post, email or make available any content or use the Service:


  •  In a manner that is fraudulent, deceptive, or dishonest with respect to any charitable project or the collection or use of funds for such projects; 
  •  In a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights; 
  •   In a manner that transmits and/or installs trojan horses, malware, viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 
  •  To engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally accepted advertising industry guidelines; 
  •  In a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes; 
  •  In a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy; 
  •  In a manner that is harmful to minors in any way; 
  •  In a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable in ChangeFunder’s sole discretion; 
  •  To impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to the Service without authorization; 
  •  To interfere or attempt to interfere with the proper working of the Service or prevent others from using the Service, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other persons' ability to use the Service; 
  •  To use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user's account or to monitor or copy the Service or the content contained therein; 
  •  To facilitate the unlawful distribution of copyrighted content;
  •   In a manner that includes personal or identifying information about another person without that person's explicit consent; 
  •  In a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service or to users; and 
  •  In a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests. 


Additionally, you agree not to:


  • "Stalk" or otherwise harass anyone; 
  •  Collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations; 
  • Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any user of the Service or to proxy authentication credentials for any user of the Service for the purposes of automating logins to the Service;
  •  Post any unlawful content;
  •  Post any content of a sexual nature, including without limitation pornography, adult content, and/or content containing nudity; 
  • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved"; 
  •  Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionate load on the Service's infrastructure; 
  • Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service; 
  •  Use the Service as a generic file hosting service;
  •  Take any action that may undermine feedback or ratings systems (such as displaying, importing or exporting feedback information from the Service or for using it for purposes unrelated to this Service);
  •  Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Service;
  • Make copies of all or part of the Service, except as required for the intended use of the Service. 
  •  Use all or part of the Service to earn income or otherwise receive benefits in a third-party service capacity, or market any part of the Service in an information providing capacity.
  •  Modify, translate, or create a derivative work of part or all of the Service.
  •  Directly or indirectly attempt to recompile, manipulate, or reverse engineer the Service, in whole or in part.
  •  Remove, alter, or tamper with copyright, trademark, patent or other intellectual property markings for the Service.
  •  Retain, store, compile or aggregate data received from the Service to (1) create a database or electronic collection of such data or (2) republish or retransmit data received from the Service other than with clear attribution of content to the Service that includes a web link to the Service.


You agree not to authorize or encourage any third party to use the Service to facilitate any of the foregoing prohibited conduct. You also agree that these Terms of Service inure to the benefit of our service providers (including our network platform provider) and that they may take action (including the removal of your content and disabling of your account) in order to maintain compliance with these Terms of Service. Notwithstanding anything to the contrary, by using the Service you agree to indemnify and hold harmless our service providers on all matters related to your interaction with others using the Service.


Terms relating to Posting Projects and other Content

Our Service may permit you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (generally "Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.


By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity and (iii) projects, needs and ideas – and the associated financial estimates – are original, accurate, and verifiable. We reserve the right to terminate the account of anyone found to be infringing on a copyright.


You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

ChangeFunder has the right but not the obligation to monitor and edit or remove any Content provided by users.


When you post information about a project seeking donations, you represent and warrant that:


(i)  All information you provide is accurate and complete;

(ii)  Donations received will be used exactly as described in the materials you post; 

(iii)  You will comply with any applicable financial reporting obligations, including without limitation tax reporting and asset disclosures for your project;

(iv)  We are authorized to provide information about you, your account, and your project to donors, beneficiaries, financial institutions, regulatory authorities, and government agencies as we deem appropriate in our sole discretion; and

(v)  You will cooperate fully in any audit or other investigation by ChangeFunder or any other entity or agency, whenever such cooperation is requested by ChangeFunder.


Submitting an idea for funding in no ways guarantees that the effort will be funded.  If funding is received, the recipient must demonstrate the full and accurate use of the received funds.  ChangeFunder, in its sole discretion, reserves the right to suspend, cease, or reverse the collection and/or distribution of donations for any project that it suspects of violating these Terms of Service. Any violation of the requirements herein may result in immediate termination from the platform, reports to appropriate authorities, and appropriate legal action.


Content delivered through the Service is the property of ChangeFunder and its platform provider, mPowered Development, or is provided with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.


Donations

ChangeFunder.org, Inc. is a registered 501(c)3 charity, and donations to ChangeFunder and through its platform are tax-deductible to the full extent of the law, less any transaction fees not deemed tax-deductible; we advise you to confirm any contributions with your accountant.  The Service is an informational platform that provides information regarding projects and permits you to evaluate projects listed on the service and make donations if you choose to do so. 


All donations are at your own risk. When you make a donation through the Service, it is your responsibility to understand how your money will be used. ChangeFunder does its best to validate each project description before it is posted but does not guarantee that the information and content provided is accurate, complete, or up to date, and has no control over the conduct of individuals associated with a project or whether any donation will be used in the manner you intend or expect. 


Notwithstanding the foregoing, ChangeFunder takes seriously any suggestion that donated funds are being misused. If you believe that a project is misusing funds, please notify ChangeFunder so that we can investigate.


None of the content in the Service constitutes tax, financial, or legal advice. Before making a donation, you should consult tax, financial, legal, or other advisors as appropriate. You are responsible for obtaining information and making a final decision about the value of contributing to any project.


Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.


You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.


Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality (current or described as intended in the future) are and will remain the exclusive property of ChangeFunder, mPowered Development, and their licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ChangeFunder.


Links to Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by ChangeFunder.  ChangeFunder has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.  You acknowledge and agree that ChangeFunder shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.  We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.


Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


Disclaimers

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.


ChangeFunder, mPowered Development, their subsidiaries, affiliates, and their licensors do not warrant that a) the Service will function without interruption, or be secure or available at any particular time or location; b) that any errors or defects will be identified or corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.


Release and Indemnification

You release ChangeFunder, mPowered Development, and their officers, directors, employees and agents from claims, demands and damages (actual and consequential) of every type, known and unknown, connected in any way with (i) donations you make using the Service or in response to information you receive from the Service, and/or (ii) any dispute you have with another user of the Service arising from use of the Service. You expressly waive any statutory or other protection that would otherwise limit this release to claims that you know of (or suspect to exist) when you open your account and agree to this release.

You agree to defend, indemnify and hold harmless ChangeFunder, its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) use of and access to the Service, by you or any person using your account and password; b) a breach of these Terms, c) your violation of any law or other rights of a third party, d) your failure to honor the terms of any donation using the Service, or d) your Content posted on the Service.


Limitation of Liability

In no event shall ChangeFunder.org, Inc. nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.


Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.


Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Maryland in the United States of America, without regard to any conflict of law provisions.  Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.


Disputes

Arbitration; Class Action Waiver. ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICE, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. DISCOVERY AND RIGHTS TO APPEAL ARE GENERALLY MORE LIMITED IN ARBITRATION THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. BY ENTERING INTO THESE TERMS, YOU ARE ALSO WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT.


Notwithstanding the foregoing, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either of us to (a) bring an individual action in small claims court; (b) submit a complaint or otherwise pursue action through a federal, state, or local agency; (c) seek an injunction in a court of law; or (d) file an intellectual property infringement claim in a court of law.


Any arbitration under this Agreement will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Service. The AAA Rules and filing forms are available online at www.adr.org by calling the AAA at 1-800-778-7879.


A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Our current address for Notice is: ChangeFunder.org, Inc., 1100 Colesville Road, Silver Spring MD 20910 The Notice of Arbitration must: (a) describe the claim or dispute and its basis; and (b) set forth the specific relief desired (“Demand”). We will make a good faith effort to resolve the claim directly, but if there is no resolution within 60 days after the Notice of Arbitration is received, either party may commence an arbitration proceeding. Arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. 


Any arbitration hearing will take place at an agreed upon location in Montgomery County, Maryland, but if the claim is for $1,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephone hearing or (c) by an in-person hearing as established by the AAA Rules in the county of your billing address. If the arbitration finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.


No Class Actions. YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.


Modifications to this Arbitration Provision. If we make any future change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.


Enforceability. If this Disputes section is found to be unenforceable, then the entirety of this Disputes section will be null and void and, in that case, the courts located in Maryland shall have exclusive jurisdiction over any action arising out of or related to these Terms of Service.


Confidentiality. We each agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers.


Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time by posting revised terms at this location. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service or your account on the Service.


Contact Us

If you have any questions about these Terms, please contact us at info@changefunder.org.


Infringement Claims - Digital Millennium Copyright Act 

Pursuant to the Digital Millennium Copyright Act (Title 17 USC 512(c)), a copyright owner or their agent may submit a takedown notice relating to material posted to the Service. ChangeFunder is entitled to claim immunity from infringement claims pursuant to the “safe harbor” provisions of the DMCA. 

Users who violate the Service’s internal repeat infringer policy will have their accounts terminated.


Infringement Claims

To submit an infringement claim to ChangeFunder, you must provide a notice including the following information:


  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the infringing material to be removed, and information reasonably sufficient to permit ChangeFunder to locate the material. 
  • Contact information including your name, physical address, email address, and phone number.
  • A statement that the complaining party has a good faith belief that the use of the material is unauthorized.
  • A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner. 
  • A physical or electronic signature of the copyright owner (or authorized representative).


Civil damage penalties, including costs and attorney fees, may apply against any person who knowingly and materially misrepresents certain information in a notification of infringement.  Send all takedown notices to info@changefunder.org.  Please note that the identity and information in any copyright infringement claim we receive may be communicated to the alleged infringer. 


Disputing a Take Down

If you have received a notice that your Content was taken down because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the Service(s). The notification must be sent in writing to info@changefunder.org and must contain the following elements (17 USC 512(g)(3)):


  • A description of the material that has been taken down and the original location of the material before it was taken down.
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled because of mistake or misidentification of the material.
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that the you will accept service of process from the person or company who provided the original infringement notification.
  • Your physical or electronic signature.


If we receive a counter-notice, we will send a copy of the counter-notice to the original complaining party, informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, in our sole discretion.


General

These Terms of Service constitute the entire agreement between you and ChangeFunder.org, Inc. and govern your use of the Service, superseding any prior agreements between you and us with respect to the Service. The failure of ChangeFunder.org to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the website or via application.