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These Terms govern Getunity Inc. ("Getunity") relationship with you when you use the website https://getunity.org and mobile applications and other online products and services (collectively, the "Services") provided by Getunity. By using or accessing the Services, whether manually or through automated means, you agree to these Terms.
These Terms apply to you if you are user of the Services (collectively, "users" or "you"), if you choose to not accept these Terms, it means you can't use the Services.
Getunity functions as a conduit of information and facilitation between user and charity, and as such is not responsible for actions of any of its users or charities.
II. Donation and Payments
Rules for All Donations For all donations made through Getunity, all Users agree that: (i) they will not use an invalid or unauthorized credit or debit card or other payment method; (ii) they are solely responsible for selecting the correct Charity for fundraising, volunteering, donating, or registering; (iii) all donations to Charities are made as unrestricted gifts and may not be specified for any particular purpose; (iv) designated donation and registration amounts and Processing Fees will be charged to the credit or debit card or other payment method you use through Payment processor.
Fees for Donations In order to ensure that Getunity does not go out of business and to provide you with the unique experience and customer service, Getunity charges 0% fees for donations made through Getunity. All of Getunity's functions and charges incorporated by reference into these Terms. By using Getunity, you agree to our Fees, which are further explained below.
Transaction Fees on Donations When a donation is made through Getunity, a Transaction Fee is deducted from it so we don't go out of business. Getunity's Transaction Fees start as low as 0%. So on a $9.99 donation, $9.99 goes to the Charity less the credit card fees charged by the Payment processor. The Payment processor charge about 2.9% + $0.20.
Chargebacks and Refunds on Donations Occasionally, a user may dispute a credit card charge for a donation through the Service. If such donations are refunded to the user, then Payment processor will deduct the chargebacks or refunds from future payments to the Charity, and if necessary, issue an invoice to the applicable charity and the applicable Charity expressly agrees that it will be responsible to pay Payment processor the full amount of the refunded donation. All issues concerning chargebacks and refunds will be addressed by Payment processor.
If you have any questions, please contact us, so we can provide you with the personal service you've deserve.
III. Ownership and information of the Services
Intellectual Property Rights The Services are expressly owned and operated by Getunity, unless otherwise noted, the design and content features on the Services, including without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, URLs, and the like, as well as the selection, assembly and arrangement there of (collectively, the "Services Information"), are owned by Getunity or its affiliates, if any, or are licensed by Getunity from third parties.
The Services, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.
Unless otherwise provided through any other applicable Terms to which you agree, no portion of the Services or Services Information may be reprinted, republished, modified, or distributed in any form without Unity's express written permission. You may not, and these Terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Services or any of the Services Information.
Certain Services Information may be licensed from third parties and all such third party Services Information and all intellectual property and proprietary rights related to such third party Services Information belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Services, or the Services Information and you must retain all copyright, trademark, service mark and other proprietary notices contained on the Services or in the original Services Information on any authorized copy you make of the Services or the Services Information.
We may use information and context on our Services that was created or used by other(s) similar situated websites or services, which are not copyrighted and freely available on the worldwide web, and/or various agencies of the US government.
This is done to standardize legal compliance with governmental regulations and promulgate best web practices. We provide specific credence, appreciation and acknowledgement to the creators of the most specific disclaimers used on our Services.
You agree not to sell or modify the Services or the Services Information or reproduce, display, publicly perform, distribute, or otherwise use the Services Information in any way for any public or commercial purpose in any other manner that is likely to cause confusion among consumers, that disparages or discredits Getunity or our licensors, that dilutes the strength of Getunity's property or our licensor's property, or that otherwise infringes on Getunity's or our licensor's intellectual property rights. You further agree to in no other way misuse the Services or the Services Information. We reserve any rights not expressly granted by these Terms or any applicable end-user license agreements.
Use of Services: Services and Services information is provided on the "As Is" bases The Services and the Services Information are provided "as is" with all faults. Your use of the Services, and the Services Information is at your own risk. The Services or Services Information may contain errors or omission, or may be out of date. The Services or Services Information may, without prior notice, change, be deleted or updated at any time.
You understand that Getunity cannot and does not guarantee or warrant that files, if any, available for downloading from the Services will be free of infection or viruses or any other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information (collectively, "Hazards").
Protection of our Children The Services are not intended for or directed to users under the age of 13. To register for any Services, you must be 13 years of age or older. If you are under the age of 13, you only may use Services with permission from your parents or guardians. Getunity does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not send any information about themselves to Getunity If a child under 13 submits information through any part of Services, and Getunity becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.
Registration and Passwords In consideration of your use of the Services, you agree to: (a) provide accurate information as prompted through the Services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or Getunity has reasonable grounds to suspect that such information is inaccurate, Getunity may suspend or terminate your use of the Services decline to permit your continued use of the Services and future access to the Services.
Data Access Access to the database of user's phone numbers is only possible with the consent of the user. This procedure is necessary for the formation of the Activity Stream of donations at the primary entrance to the project through the mobile app.
This process represents synchronization of the user's database of phone numbers with the Getunity's database of phone numbers. After synchronization, the Activity Stream (Friends) of donations is accessible for the user, and it's already filled with stories of actions in chronological order (donations) of people whose numbers were in the user's phone book and in the database of the Getunity.
This procedure is performed only once and only to form the Activity Stream (Friends). For other purposes, the data of the user's phonebook are not used, copied, and stored on the company's Getunity servers.
Special Notices for Charities Getunity may provide instructive emails to Charities to assist them in more effectively using the Services. Upon request from an authorized individual affiliated with a Charity, Getunity may provide online reports identifying, where available, the full name, email and transaction accounting (including amount of donation) details related to the individuals or entities that have made donations to the nonprofit. Names of users will be complied in the monthly reports send to individual charity.
General Information Concerning Charities Information about charities will be obtained through all publicly available sources.
Indemnification You agree to indemnify, defend and hold, Getunity and its affiliates, if any, officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorney's fees) resulting from (i) your use, misuse or abuse of the Services or the Services Information, or (ii) your breach of any provision of these Terms. You will cooperate as fully as reasonably required in Getunity's defense of any claim. Getunity reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without Getunity's written consent.
Disclaimer of Warranty and Limitation of Liability YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SITE INFORMATION AND THE SERVICES ARE PROVIDED "AS IS," AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, GETUNITY, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. GETUNITY, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES INFORMATION OR THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF SERVICES OR SERVICES INFORMATION. GETUNITY, ITS AFFILIATES AND ITS SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS, THE PROVISION OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY PRODUCTS, MERCHANDISE AND/OR SERVICES ORDERED THROUGH SITE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES OR THE SITE INFORMATION, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SERVICES INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE GETUNITY, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, "CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SERVICES OR THE SERVICES INFORMATION.
Disclaimer Concerning TAX Deductible Nature of Your Donations Getunity makes no representation as to whether all or any portion of your donations, including, if any, processing fees, (collectively, "Donations") are tax deductible. Getunity will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any Donations by you, any Getunity user or any Charity. You should consult your tax advisor as to the amount of your Donations that is tax deductible.
Security of our Services Getunity maintains reasonable safeguards and personnel policies that are designed to guard the Services, our system's and our volunteer's, fundraiser's, donor's and Charitie's information. For example, for the security of your online visit to the Services, Getunity may make use of firewall barriers, encryption techniques and/or authentication procedures.
Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while Getunity strives to protect your information, it cannot ensure or warrant the security of any content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, Getunity will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the Services.
Electronic Communications When you use the Services or send emails to Getunity, you are communicating with us electronically. You consent to receive communications from Getunity electronically. Getunity may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that Getunity provides to you electronically satisfy any legal requirement that such communications be in writing.
Jurisdiction and Governing Law We make no representations that the Services, Services Information available or legal in any particular location. Those who choose to access the Services, Services Information and products offered through Services do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that these Terms, for all purposes, shall be governed and construed in accordance with the laws of the State of Delaware and any action based on or alleging a breach of these Terms must be brought in a state or federal court located in Delaware, and both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
Services is for Use in the United States The Services is hosted in the United States and is intended for users located in the United States. If you are a non-U.S. user of Services, by using the Services and/or providing Getunity with any User Generated Content specifically or Content generally, you agree to comply with all federal and state U.S. laws governing the Services, online conduct and acceptable Content and User Generated Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
Conflict with Other Agreements These Terms are in addition to, and do not nullify, any other agreement between you and Getunity or any other applicable terms and conditions found on the Services. In the case of any direct conflict between these Terms and any other agreement between you and Getunity, the provisions of such other agreement shall control but only to extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Services. Notwithstanding the above, when you use Payment processor in order to make or receive a donation, your use of that service is governed by their terms.
Digital Millennium Copyright Act; Copyright Complaints Getunity respects the intellectual property rights of others and requires those that use our Services. Getunity may, in appropriate circumstances and at our discretion, remove or disable access to material through the Services that infringes upon the copyright rights of others. Getunity also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to the Services repeatedly infringe on others copyrights, Getunity may in its sole discretion terminate those individuals rights to use the Services.
If you believe that your work has been used on the Services in any manner that constitutes copyright infringement, please notify Getunity's copyright agent by written notice. The notice should include the following information:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
- A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
- Identification of the location on the Services of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
- Your full name, phone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
- A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.
Policy Regarding Use of Getunity Trademarks The trademarks, logos, and service marks (collectively, the "Marks") displayed on the Services are registered trademarks of their respective owners, are the property of their respective owners, and/or are protected by U.S. and international trademark laws and/or common law. Their uses are restricted to programs, events, products or services that Getunity sponsors or with which we are otherwise affiliated. Getunity's trademarks may not be used for personal financial gain. Use of the Marks is prohibited without Getunity's express written consent except as permitted by applicable laws. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without Getunity's expressed written consent.
Modification of the Terms In Getunity's sole discretion, we may unilaterally amend or modify these Terms or any other documents referenced herein at any time by posting on the Services. The date of the most recent revision will appear at the top of this page. If Getunity has a working email contact for you and the changes to the Terms are material, Getunity may notify you of such changes by sending you an email to the address you have provided to us. Getunity encourages you to review these Terms periodically for any updates or changes. Any amended or modified terms will be effective upon posting, at the time set forth in an email notice to you or as otherwise decided in Getunity's sole discretion and as posted to the Services. Continued use of the Services constitutes acceptance of any modified terms and conditions. Getunity also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Services, which may be posted in the relevant parts of the Services, and will be identified clearly and conspicuously. For example, Getunity may post additional rules to participate in an additional services "Promotion". Your continued use of the Services constitutes your agreement to comply with these additional rules.
- In the event that one or more portions of these Terms shall, for any reason, be held to be unenforceable, the remaining portion will remain in full force and effect.
- The headings used throughout these Terms are solely for convenience of reference and are not to be used as an aid in the interpretation of these Terms.
- If Getunity fails to enforce any parts of these Terms, it will not be considered a waiver.
- These Terms make up the entire agreement between you and Getunity regarding the Site and supersede any prior agreements.
- These Terms do not confer any third party beneficiary rights.
- You will not transfer any of your rights or responsibilities under these Terms to anyone without Getunity's express written permission.
- Getunity may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in these Terms shall prevent Getunity from complying with the law.
Last modified: December 7, 2016