Funderdog® Terms and Conditions ("Terms")

Last updated: 04/23/2018

Please read these Terms and Conditions ("Terms", "Terms and Conditions", “Terms of use” “TOU”) carefully before using the www.Funder.dog, www.getfunderdog.com website(s) or application(s) (the "Service") operated by Funderdog® a service mark of JustCauz, LLC ("us", "we", or "our").

IMPORTANT – this is a legal agreement between the entity or person ("you","your","donor", "nonprofit" or "user") and JUSTCAUZ, LLC, (hereinafter, “JUSTCAUZ, LLC” or “FUNDERDOG” or “FUNDER.DOG” or “we” or “our” or “us”), which provides a variety of technology solutions, technology tools, applications, features and functionality, including the collection of payment card information for donations made through messaging applications, social media applications, mobile applications and websites (the "services"). Before accessing, downloading or using any part of the services, you should read carefully the following terms and conditions contained in this terms of use agreement because your access to and use of the services are subject to these terms of use as well as to all applicable laws and regulations. JUSTCAUZ, LLC is willing to license and allow the use of the services only on the condition that you accept and agree to all of the terms and conditions contained in these TOU. If you do not agree with these TOU, you are not granted permission to access or otherwise use the services and are instructed to delete or otherwise remove the services from your device(s) immediately. These terms of use may be changed, modified, supplemented or updated by JUSTCAUZ, LLC from time to time without advance notice by posting on the website and you will be bound by any such changed, modified, supplemented or updated terms of use if you continue to use the services after such changes are posted. The date these terms of use were last updated is stated at the beginning and end of this document. You are encouraged to review these terms of use periodically for updates and changes.

TERMS AND CONDITIONS

Description of the Service

Funderdog™, JustCauz,LLC creates and sells Messaging Applications, Chatbot Applications, Mobile Applications and Website Applications that allow donors, patrons, to make charitable donations on social media websites and organizations' websites. Funderdog®, JustCauz,LLC creates Chatbot Applications, Facebook Applications, Twitter Applications, Instagram Applications, Mobile Applications and Websites that allow nonprofits to receive charitable donations from donors.

Funderdog® is an application, accessible through www.funder.dog, dashboard.funder.dog, www.secure.funder.dog, www.messenger.com, www.facebook.com, that enables individuals who wish to make donations (“Donors”) to registered 501(c)(3) and 501(c)(4) organizations (“Organizations”) through proprietary Funderdog® applications & third-party social networking sites and/or applications, such as Facebook (Facebook.com) or Messenger (Messenger.com) or Twitter (twitter.com) or Instagram (instagram.com) or Alexa (amazon.com) or Whatsapp (whatsapp.com) or Kik (kik.com) or Slack (slack.com).

Funderdog® is an official payment and fundraising partner of Stripe, Inc

Funderdog® is an approved application of Facebook®.
Funderdog™ operates using the latest Facebook API and is in full compliance with Facebook's terms of service.Funderdog™ is neither endorsed nor affiliated with Facebook® and Facebook, Inc in any way.

Registration & Restrictions; Eligibility

Registration may be required if you want to make a donation or utilize any of the additional functionality of the Services. If you opt to register, you will be required to create an account, and in doing so you will need to provide us with some personally identifiable information (PII), including your name and email address (read our Privacy Policy). During registration and thereafter, donors may have the option of providing payment information that they can use to make donations to charitable organizations via the Services, as further described below.

As part of the registration process, you may be asked to create a user name and password. The username and password that you provide are your credentials (“Credentials”), and you will use these Credentials in order for the Services to authenticate you as a registered user. You may not have more than one active set of Credentials. Additionally, you are prohibited from selling, trading, or otherwise transferring your Credentials to another party. You also agree to provide true, accurate, current and complete information about yourself as prompted during the registration process. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or JUSTCAUZ, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). If you use the Services, you are responsible for maintaining the confidentiality of your Credentials and for restricting access to your device. You agree to accept responsibility for all activities that occur under your account. You agree to notify us immediately - by emailing us at legal@getfunderdog.com- of any unauthorized use of your account or any other breach of security.

Please note that unless as qualified below, you must be 18 years of age or older to use the Services. Use of the Services is voidable where prohibited. If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Services if you are not permitted to do so by such local jurisdiction. If you are less than 18 years of age, you are only permitted to use the Services with parental/guardian consent and supervision.

We may also provide you the ability to register or otherwise link to, or integrate with, certain social media platforms, such as Facebook®, Facebook Messenger®, Messenger®, Twitter®, Instagram®, Google®, and others as a service to you or in order to provide you with other means of authentication. Please note that in any instance with which you provide us with your login credential for such platforms, JUSTCAUZ, LLC will have access to all information related to such account(s) – as permitted by the policies of such platforms and your then current privacy settings, if applicable. By opting to provide us with your login credentials, you hereby assent to any such access that we may have. If you have any questions or concerns about such access, then we suggest you review the applicable social media platform’s policies and your privacy settings prior to providing us with any such information.

Trademarks and Service Marks

Certain trademarks are the service marks and trademarks of JUSTCAUZ, LLC or one of its affiliates. All page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of JUSTCAUZ, LLC or one of its affiliates or licensor(s). All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Services are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from these Services without the prior written authorization of JUSTCAUZ, LLC or their respective owners.

Copyright

Except as otherwise expressly stated, all content appearing on the Services is the copyrighted work of either JUSTCAUZ, LLC or its third party content suppliers or authorized users, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content is also the exclusive property of JUSTCAUZ, LLC, and is protected by U.S., and international copyright laws.

Except as otherwise expressly stated herein or as expressly permitted, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or content obtained from the Services, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of JUSTCAUZ, LLC, or any applicable third-party suppliers or authorized users. The use of content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by JUSTCAUZ, LLC. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. JUSTCAUZ, LLC does not warrant nor represent that your use of any content or materials displayed on the Services will not infringe rights of third parties.

License Grant

JUSTCAUZ, LLC Services are provided by JUSTCAUZ, LLC, and these TOU provides to you a revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Services on any mobile device or tablet that you own or control and to use the Services solely for your own use. Your use of the Services and any other services, materials or information made available through the Services is conditioned on your continued compliance with the terms and conditions of these TOU. Accordingly, you expressly acknowledge and agree that JUSTCAUZ, LLC transfers no ownership or intellectual property interest or title in and to JUSTCAUZ, LLC.

No Solicitation or Endorsement

The Services provide users with the ability to make a donation, and to request that the donation gets disbursed to a charitable organization selected from an aggregated list or Chat Carousel list. In some cases we may also display a charitable organizations logo or provide additional information about that charitable organization, apart from the aggregated list. Be advised that the listing or display of a charitable organization on the Services does not constitute a solicitation of donations; JUSTCAUZ, LLC does not engage in any solicitation activities on behalf of, or endorse, any of the charitable organizations that may be included in the Services, nor does it consult on the solicitation of contributions, on behalf of any individual, entity, or organization that may be included in the Services.

Tax Deductibility

Funderdog® makes no representations or warranties as to the tax deductability of any such donations. You should obtain independent tax advice about the deductibility of your donation. We will provide to Donor an email acknowledging your donation. We will later send you an email that summarizes the donations you’ve made through Funderdog®. The statement can help you keep track of your donations and may be helpful for your tax preparations. The Organization to which you donate may also provide you with a tax receipt, if it has your name and contact information, and that may also be useful for your tax records. Funderdog® will be responsible for providing you with a summary of your donations from time to time, which can be accessed by logging into your Funderdog® account at https://dashboard.funder.dog/login. Funderdog® is not responsible for providing the acknowledgment or receipt from the Organization, as that is beyond our control. We are not responsible for the sufficiency of any such acknowledgment or receipt that is provided to Donor, and different Organizations may have their own particular requirements for providing such a receipt. Please understand that we cannot give you tax advice on the deductibility of any donation, or any other aspect of your taxes.

Payments, transactions, donations

Funderdog® does not collect or store credit card data of users on its own systems. All card data handling and storage will be outsourced to the Payment Processor(s). Stored payment details can be used to process future one off payments or recurring payments. Funderdog® distributes the donation directly to the Donee after relevant costs are subtracted.

We currently accept Visa, MasterCard, American Express, JCB, Discover, and Diners Club and soon ACH/Bank Accounts. Please note that the collection of your credit card or bank account information takes place on Stripe's dashboard. After your payment information is entered, it is securely stored by a third-party payment processor, Stripe, Inc. We have engaged the services of Stripe to process all credit card donation/payment transactions and to manage the routing of applicable customer information through the credit card and electronic check processing networks. JUSTCAUZ, LLC is not affiliated with Stripe, and we are not responsible in any way for their actions or performance (or lack thereof).

Accordingly, JUSTCAUZ, LLC expressly disclaims responsibility and liability for all services provided by Stripe, including those related to donation/payment transactions, and you hereby agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your use of such services. Additionally, since Stripe will have access to the information you provide to them when making a donation/payment transaction, we recommend that you review their privacy policy – which can be accessed from their website located at www.stripe.com.

You hereby acknowledge and agree that, for all donations/payment transactions, you will only use a valid credit or debit card or other payment method, and that for all such payment methods you are the authorized account holder. Additionally, you also acknowledge and understand that like any tax-deductible charitable donation, your donation cannot be cancelled or returned once it has been processed, and therefore except in limited circumstances of fraud – as determined by JUSTCAUZ, LLC in our sole discretion - all donations/payment transactions are final and non-refundable as soon as a donation is processed via the Services. If you have any questions regarding any payment transaction, please contact us by email at support@getfunderdog.com

JUSTCAUZ, LLC expressly disclaims responsibility and liability for all services provided by these Payment Processors, including those related to donation/payment and text transactions, and you hereby agree that Funderdog® shall not be held responsible for any loss or damage of any sort incurred as a result of such services. Additionally, since these providers will have access to the information you provide to them in order for you to make a donation/payment or text transaction, we recommend that you closely review any policies that may be detailed on their respective websites.

Refunds

We cannot process refunds on behalf of Donees. Please contact the Charity directly and quote your Funderdog® receipt email. If an error is made by us, full refunds will be made immediately upon notification of the error and all costs will be borne by us. If you have paid using an Authorised Currency, the refund will be processed in that same currency.If you have any questions regarding any payment transaction, please contact us by email at support@getfunderdog.com

Representations and Acknowledgements

You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the JUSTCAUZ, LLC Services. Further, when using the Services to make a donation on behalf of another person, you hereby represent and warrant that you are in lawful possession of such person’s contact information, and have the right to share with us such information.

In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the JUSTCAUZ, LLC Services is solely at your own risk. While JUSTCAUZ, LLC has endeavored to create secure and reliable Services, you should understand that the confidentiality of any communication or material transmitted to/from the JUSTCAUZ, LLC Services over the Internet or other form of global communication network cannot be guaranteed. Accordingly, JUSTCAUZ, LLC is not responsible for the security of any information transmitted to or from the Services.

Prohibited Use/Activities

In addition to any other restrictions or conditions of use, you hereby acknowledge, and represent and warrant, that your use of the Services will not be, or alleged to be: (1) unlawful, unauthorized, fraudulent or malicious in purpose; (2) a violation, misappropriation or infringement on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (3) false, offensive, abusive, libelous, hateful, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, pornographic; (4) invade another's right of privacy or publicity. In addition, you agree you will not: (5) create a false identity for the purpose of misleading others or impersonate any person or entity; (6) violate any applicable local, state, national or international law; (7) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or in any way; (8) modify or make derivative works based upon the Services; (9) create Internet “links” to the Service or “frame” or “mirror” any App on any other server or wireless or Internet-based device unless the link or frame is expressly provided to you by JUSTCAUZ, LLC as part of its Services; (10) reverse engineer or access the Services in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Services or Application, or (c) copy any ideas, features, functions or graphics of the Services or Application; (11) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services; (12) interfere with or disrupt the integrity or performance of the Services or the data contained therein, or attempt to gain unauthorized access to the Services or its related systems or networks.

JUSTCAUZ, LLC will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. You acknowledge that JUSTCAUZ, LLC has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services and providing the Services, to ensure your compliance with these TOU, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. JUSTCAUZ, LLC reserves the right, at any time and without prior notice, to suspend or terminate your account, or restrict, disable or permanently bar your use and access to the Services (or any portion thereof) if we believe, in our sole discretion, that you have engaged, or may engage, in any of the above prohibited activities.

Limitations of Liability

Under no circumstances shall JUSTCAUZ, LLC (and its successors, parents, subsidiaries, affiliates, members, officers, directors, agents, developers, networks, and distributors) be liable for: (i) any direct, indirect, punitive, incidental, special, exemplary, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, business or profits that result from the use of, or the inability to use, the app, website or any of the services; or (ii) any action taken in connection with an investigation by JUSTCAUZ, LLC or law enforcement authorities regarding your or any other party's use of the services; or (iii) any action taken in connection with, or related to, copyright or other intellectual property owners, any errors or omissions in the service's operation, or any damage to your mobile device or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, loss of goodwill, whether in an action of contract, negligence, strict liability, tort or any other action. in no event will JUSTCAUZ, LLC be liable to you or anyone else for death or personal injury, even if the possibility of such damages has been advised, and even if a remedy set forth herein is found to have failed its essential purpose. applicable law may not allow the limitation or exclusion of liability or exemplary, incidental or consequential damages, so the above limitation or exclusion may not apply to you. by using the services, you expressly agree to the allocation of risk set forth herein; if you do not agree to this allocation of risk, you must not use the services. If you are a California resident, you waive your rights with respect to California Civil Code section 1542, which says “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Indemnity

You agree to defend, indemnify, and hold harmless JUSTCAUZ, LLC and affiliates and all of their respective members, employees, funders, parents, subsidiaries, joint ventures, affiliates, agents, developers, directors, officers and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from: i) any breach or alleged breach by you of this TOU; or ii) any act or omission related to your use of the Services; or iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.

Governing Law

These Terms have been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the internal laws of the State of New York, U.S.A. as applied to agreements entered into and completely performed in the State of New York. You and JUSTCAUZ, LLC each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue to the federal and state courts located in New York County, New York (Manhattan).

Arbitration

At JUSTCAUZ, LLC’s discretion, any disputes or claims under this TOU or its breach may be submitted to and resolved exclusively by arbitration conducted in accordance with American Arbitration Association rules. One arbitrator appointed under such rules shall conduct arbitration. Any such arbitration shall be in New York County, New York, and the laws of New York shall be applied. Any decision in arbitration shall be final and binding upon the parties. Judgment may be entered thereon in any court of competent jurisdiction. Notwithstanding the above, JUSTCAUZ, LLC may sue in any court for infringement of its proprietary or intellectual property rights. All claims you bring against JUSTCAUZ, LLC must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Any claim or cause of action arising out of or related to use of the Services or the TOU, must be filed within one (1) year after such claim or cause of action arose regardless of any status or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be barred. Any failure to act by JUSTCAUZ, LLC with respect to a breach by you or others does not waive JUSTCAUZ, LLC’s right to act with respect to subsequent or similar breaches.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by JUSTCAUZ, LLC.

JUSTCAUZ, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that

JUSTCAUZ, LLC 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 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 access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

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.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 10 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Privacy

You can read about Funderdog®’s privacy policy at www.funder.dog/privacy-policy

Contact Us

If you have any questions about these Terms, please contact us at legal@getfunderdog.com

Last updated: 04/23/2018

';