Terms of Use

EvenUpFunding.org ("Website") and its associated web and mobile application ("Application") are owned and operated by EvenUp, LLC d/b/a EvenUp ("EvenUp"). EvenUp provides users the ability to electronically donate their spare change to a participating nonprofit organization.

General

This Terms of Use agreement and the Privacy Policy (collectively, "Agreement") set forth the general terms to which all participating nonprofit organizations, visitors and end users of the Website and Application (collectively, "you") agree to be bound.

In addition to these general terms, participating nonprofit organizations agree to be bound by the Nonprofit Participant Agreement.

You use the Website and Application at your own risk.

Your use of the Website or Application constitutes a manifestation of your intent to be bound by this Agreement. If you do not agree to the terms of this Agreement, you are expressly prohibited from using the Website and Application and must terminate your use of the Website and Application immediately.

EvenUp reserves the right to modify, limit, discontinue, or replace the Website, Application and this Agreement in its sole and absolute discretion. It is your responsibility to review this Agreement on a regular basis to keep yourself informed of any modifications. In the event EvenUp modifies, limits, changes, or replaces the Website or Application or this agreement, your use of the Website or Application after said modification, limitation, change, or replacement constitutes your manifestation of assent to the modification, limitation, change, or replacement hereto.

Your violation of any term or condition of any provision of this Agreement may result in the immediate termination of your account and the disabling of your access to the Website and/or Application.

Account Registration

To use the Website and Application, you will be prompted to provide information to create an account ("User Account"). Information you provide will be used in a manner that is consistent with the Privacy Policy.

You have a duty to ensure that the information that you provide through your account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through your account when that information changes.

You may not create an account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party.

You agree that you will not register more than one account, and that you will not use your account to interfere with or disrupt a third party's enjoyment and use of the Website or Application.

By creating an account, you agree that EvenUp and its designees and agents may contact you by email unless you opt-out or unsubscribe from such communications.

You may authorize others to act as your agent to use the Website and/or Application on your behalf.

You agree to keep your account secure from unauthorized access. You agree to bear the ultimate responsibility for any access to your account, whether authorized or unauthorized, and you agree to hold harmless and indemnify EvenUp for any damages that arise out of or in relation to the use of your account. In the event of unauthorized access to an account, please contact EvenUp immediately at contact@evenupfunding.org.

EvenUp reserves the right to restrict access to, suspend, disable, or delete your account at any time, in its sole discretion, and without warning. You are expressly prohibited from selling, leasing, lending, assigning, or otherwise transferring your account.

ACH Transfers and EvenUp Fees

When users donate funds to a nonprofit of their choice, EvenUp will deduct $1.00 per active user, per month. In addition, EvenUp will deduct an Automated Clearing House ("ACH") processing fee of 7% of the total donation amount. For purposes of this section, an "active user" is a user who donates a minimum of $5.00 per month. All monetary donations are in United States Dollars.

By enrolling as an EvenUp user, you agree that each time you make a transaction using a registered card, EvenUp will calculate the difference between your transaction amount and the next whole dollar amount. In the event that your transaction amount is a whole dollar amount (for example, $5 or $22), the relevant calculated amount on that transaction will be $1. Every time your combined total of these calculated amounts equals or exceeds $5, that total amount will be transferred directly to the account of your charity of choice, less the fees described in the previous paragraph.

You authorize EvenUp to transfer money from your specified bank account via an ACH transfer. These transactions will be processed with Plaid and appear as "EVENUP LLC" on your bank statement. You understand that EvenUp will email you a record of every charge to the email account provided on your User Account. If you have concerns or disputes regarding any charge you should contact contact@evenupfunding.org as soon as possible.

Representations and Warranties

You represent, warrant, and agree that you have the right, power, and legal capacity to enter this Agreement and to accept and adhere to the rights, obligations, and duties granted under its terms.

You also represent and warrant that you are not bound by or a party to any exclusive arrangement or agreement, whether contractual or otherwise, that would prohibit you from using the Website, the Application, or its associated services. an Automated Clearing House ("ACH")

You warrant that you are a human being who is at least eighteen (18) years of age, and that you are authorized to register for and use the Website and/or Application. You warrant that you are not prohibited from assenting to this Agreement by any preexisting agreement between you and any third party.

If you are using the Website and/or Application on behalf of a third party, you warrant that you are the authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement.

You also represent, warrant, and agree to:

  • comply with the terms of this Agreement in good faith;
  • not use the Website and/or Application outside of the uses specifically provided for under this Agreement;
  • not use the Website and/or Application in any way that violates the rights of third parties;
  • comply with all applicable local, national, state, provincial, and international laws, treaties, and regulations;
  • not distribute viruses, malware, spyware, spam, chain letters, or any other harmful or unsolicited files or communications;
  • not use, modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, harvest, collect or sell information about users of the Website and/or Application or any other content or information found on the Website and/or Application in any form or by any means, in whole or in part, without the prior written consent of EvenUp; and
  • not make any derivative works of the Website and/or Application or delete or modify, in any way, any copyright, trademark, or other proprietary notices that appear on the Website and/or Application.

You understand and agree that:

  • EvenUp does not warrant or guarantee that compliance with this Agreement will be sufficient to comply with your obligations hereunder, under applicable law, or to third parties. You agree to comply with all laws and rules where you reside or where you use the Website or Application. The Website and Application are operated in the United States and EvenUp makes no representation that its Website and/or Application or services are appropriate, lawful, or available for use in other locations.
  • EvenUp cannot be held liable or responsible for transactions entered by or between users of the Website and/or Application, whether through a User Account or otherwise.
  • EvenUp makes no representations or warranties as to the truth or falsity of any information submitted to the Website and/or Application or provided by a user of the Website and/or Application, the legality, quality, or safety of the services offered through the Website and/or Application, or the qualifications associated with any User Account.
  • EvenUp will not be held liable for any user's failure to truthfully or accurately disclose their identity.

Disclaimer of Warranties

EVENUP DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE AND/OR APPLICATION OR ANY GOODS OR SERVICES LINKED TO OR THROUGH THE WEBSITE AND/OR APPLICATION. EVENUP PROVIDES THE WEBSITE AND APPLICATION ON AN AS-IS BASIS AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

EVENUP WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED ON THE WEBSITE AND/OR APPLICATION, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE AND/OR APPLICATION, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE AND/OR APPLICATION, INCLUDING WITHOUT LIMITATION ARTWORK. EVENUP DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, UNAUTHORIZED ACCESS, DESTRUCTION OF IDENTITY, OR ALTERATION OF OR TO THE WEBSITE AND/OR APPLICATION. EVENUP RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AND/OR APPLICATION AT ANY TIME.

EVENUP IS NOT RESPONSIBLE FOR THE REPRESENTATION OR CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER, USER OR ADVERTISER OF THE WEBSITE AND/OR APPLICATION.

Ownership of Website, Application, and Content

EvenUp is the owner or licensee of all rights in and to the Website and Application, the trademarks displayed on the Website and Application and all copyrights, trade secrets, patent rights, or other proprietary or personal rights contained within or displayed upon the Website and Application. The Website and Application are subject to all applicable intellectual property and other laws.

You are expressly prohibited from using EvenUp's trademarks, trade names, trade dress, design marks, trade secrets, or copyrightable works outside of the uses expressly stated in this agreement and without the prior written consent of EvenUp.

EvenUp grants you a revocable, non-exclusive, non-sublicensable, and royalty-free license to use the Website and Application. This limited license automatically terminates upon a breach of any of the terms of this Agreement.

You warrant and agree that you will not make any derivative works of the Website and/or Application or delete or modify, in any way, any copyright, trademark, or other proprietary notices that appear on the Website and/or Application.

You are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website and/or Application, whether in whole or in part, without the prior written consent of EvenUp.

EvenUp is always seeking ways to enhance your user experience. If you have any suggestions, ideas, proposals or material that you would like to see incorporated into your user experience, you may contact EvenUp. EvenUp is not liable for the disclosure of such material, and any disclosure of such information for improvement of the Website or Application is not confidential. You shall receive no profit for such suggestions, ideas, proposals or other material, and you grant EvenUp a non-exclusive, irrevocable, royalty-free, worldwide, and perpetual license to use your suggestions, ideas, proposals or material for any purpose.

Prohibited Use of Website and Application

You agree that you will not use the Website or Application to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website or Application.

You are prohibited from the following conduct, without limitation:

  • Circumventing EvenUp's technological or security protection mechanisms;
  • Misusing another user's personal information;
  • Interfering with the operation of the Website or Application;
  • Impersonating another user or creating multiple alias accounts;
  • Attempting to gain access to the private data or personal information of a user of the Website or Application or a third party;
  • Transmitting unsolicited commercial messages, or spam, through the Website or Application or to users of the Website or Application;
  • Using a script, robot, spider, scraper, or other automated technology to access the Website or Application;
  • Posting or transmitting content, or using the Website or Application in a manner that infringes upon the intellectual property rights or other personal or proprietary rights of other users of the Website or Application or third parties;
  • Posting or transmitting content or using the Website or Application in a manner that violates any term or condition of this Agreement; or
  • Posting or transmitting content or using the Website or Application in a manner that violates any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international.

Third-Party Terms and Conditions

In order to carry out the services provided to you through the Website and the Application, EvenUp works with two third-party service providers: (1) Plaid, which is a service that enables you to have access to your bank accounts through the Website and Application, and (2) Stripe, which is a service that works directly with nonprofit organizations to transmit your donated spare change.

Accordingly, when you use the Website or the Application, you also consent to the legal terms and conditions and privacy policies of Plaid and Stripe. Those terms, conditions, and policies can be found at Plaid and Stripe, respectively.

You are responsible for evaluating whether to consent to the legal terms and conditions and privacy policies of Plaid and Stripe. EvenUp is not responsible for any features, content, advertising, products, or other materials on other websites or applications, including the respective services of Plaid and Stripe. You assume all risk, and EvenUp disclaims all liability arising from your use of other websites and applications, including the respective services of Plaid and Stripe.

If you do not consent to the legal terms and conditions and privacy policies of Plaid and Stripe, you are expressly prohibited from using the Website or the Application and must terminate your use of the Website and Application immediately.

Indemnification

You agree that you will hold harmless, defend, and indemnify EvenUp, including its member-owners, managers, employees, agents, affiliates, directors, officers, and board members, from and against all claims, damages, liabilities, penalties, costs, and judgments, including attorneys' fees, that arise out of or in connection with your use of the Website or Application (including, without limitation, any purchase made therein), your violation of a term or provision of this Agreement, or your violation of the rights of a third party. You agree that your obligation to hold harmless, defend, and indemnify EvenUp will survive the termination or expiration of this Agreement and your use of the Website and Application. Your obligation to defend EvenUp under the terms of this Agreement will not provide you with the right to control EvenUp's defense, and EvenUp reserves the right to control its defense regardless of your contractual requirement to defend EvenUp.

Assignment

You are prohibited from assigning your rights and duties under this Agreement to a third party. EvenUp reserves the right to assign its rights and duties under this Agreement at any time, including in a sale of EvenUp or the Website and/or Application.

Jurisdiction and Choice of Laws

You understand and agree that EvenUp and the Website and Application are located in the State of Michigan for all purposes. You also agree that the Website and Application do not give rise to personal jurisdiction over EvenUp in states other than the State of Michigan. This Agreement will be governed by and interpreted under the laws of the State of Michigan without regard to its conflicts of laws principles. Any dispute that arises out of or in relation to this Agreement or your use of the Website or Application will be resolved by arbitration.

Waiver of Class Action

YOU AGREE THAT YOU WILL NOT START OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT RELATED IN ANY WAY TO THIS AGREEMENT OR YOUR USE OF THIS WEBSITE AND/OR APPLICATION.

Arbitration

YOU AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE AND/OR APPLICATION, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT.

ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN MICHIGAN AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF MICHIGAN AND/OR THE FEDERAL LAWS OF THE UNITED STATES. EACH PARTY SHALL BE REASONABLE FOR ITS OWN ATTORNEYS' FEES AND COSTS.

YOU AND EVENUP AGREE THAT EACH PARTY WILL BE REQUIRED TO BE PRESENT FOR THE ARBITRATION PROCEEDING IN THE STATE OF MICHIGAN. YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

IF THIS ARBITRATION PROVISION IS DEEMED INVALID FOR ANY REASON, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF THE STATE OF MICHIGAN.

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF EVENUP, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE WEBSITE, APPLICATION, AND ANY OF ITS ASSOCIATED SERVICES. EVENUP IS NOT LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, APPLICATION, AND ANY OF ITS ASSOCIATED SERVICES, EVEN IF EVENUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EVENUP'S AGGREGATE LIABILITY ARISING OUT OF THE WEBSITE, APPLICATION, AND ANY OF ITS ASSOCIATED SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID EVENUP IN THE PAST TWELVE MONTHS.

Consent to One-Year Limitation of Actions

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION TO THE WEBSITE AND/OR APPLICATION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Severability

If any provision of this Agreement is held to be invalid or unenforceable for any reason whatsoever, the remaining provisions shall remain valid and unimpaired and shall continue in full force and effect.

No Waiver

Any failure on the part of EvenUp in seeking relief for any breach of any duty under this Agreement will not waive the right of EvenUp to seek relief for any subsequent breach.

Delegation of Rights and Duties

EvenUp reserves the right to delegate any of its duties under this Agreement to any other person, entity, or subcontractor. Except as otherwise provided in this Agreement, you are not permitted to transfer any rights provided to you by this Agreement.

Integration

End-Users

This Terms of Use agreement and the Privacy Policy constitute the entire agreement between users and EvenUp with respect to the Website and Application, and there are no further understandings, agreements, or representations with respect to the Website and/or Application that are not specified herein.

Participating Nonprofit Organizations

This Terms of Use agreement, the Privacy Policy, and the Nonprofit Participant Agreement constitute the entire agreement between participating nonprofit organizations and EvenUp, and there are no further understandings, agreements, or representations with respect to the Website and/or Application that is not specified herein.

Not a Professional Fundraiser

EvenUp provides a platform which you may use to more easily make a tax-deductible donation to a nonprofit organization of your choice (among the list of participating nonprofit organizations). EvenUp is not a professional fundraiser, and has not been hired by any nonprofit organization to provide assistance with fundraising efforts, or with any particular campaign. EvenUp does not endorse or represent any nonprofit organization. EvenUp does not solicit donations on behalf of charitable organizations in any manner whatsoever, whether by e-mail or other mode of communication. EvenUp does not plan, advise, consult with or prepare materials for any charitable organization in any manner to solicit charitable contributions.

Notices

All notices to EvenUp must be in writing to "612 Alger, Grand Rapids, Michigan, 49507", with a copy to contact@evenupfunding.org

All rights not expressly granted herein are reserved to EvenUp.

Last modified: 2017-05-20