Terms Of Use | GivingGrid

Terms Of Use

Last modified 5/17/2022.

2Cool Corporation and its brand GivingGrid.com (hereafter referred to as 2CC/GIVINGGRID), is provided to you under the under the following TERMS OF USE. The TERMS OF USE comprise the entire agreement between You and 2CC/GIVINGGRID. The TERMS OF USE may be updated by us from time to time without notice to You.  By using 2CC/GIVINGGRID, you are indicating your agreement to be bound by all of the TERMS OF USE.

DESCRIPTION OF SITE 
2CC/GIVINGGRID is primarily a crowdfunding site for people and organizations to raise funds for charitable causes. 2CC/GIVINGGRID currently provides users with access to a wide array of services, content and resources, including various communications tools, personalized content, images, etc. ("Site"). You also understand and agree that the Site may include advertisements and that these advertisements are necessary for 2CC/GIVINGGRID to provide the Site. You also understand and agree that the Site may include certain communications from 2CC/GIVINGGRID, such as announcements and administrative messages, and that these communications are considered part of 2CC/GIVINGGRID service and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Site, including the release of new 2CC/GIVINGGRID properties, shall be subject to the TERMS OF USE. You understand and agree that the Site is provided "AS-IS" and that 2CC/GIVINGGRID assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

YOUR REGISTRATION OBLIGATIONS 
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's signup form and (b) maintain and promptly update the data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or 2CC/GIVINGGRID has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 2CC/GIVINGGRID has the right to suspend or terminate your account and refuse any and all current or future use of the Site. 2CC/GIVINGGRID is concerned about the safety and privacy of all its users, particularly minors. For this reason, anyone under the age of 18 is prohibited from using the Site without supervision by a legal guardian. Please remember that the Site is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the services and/or Content are appropriate.

YOUR CONDUCT 
You understand that all information, text, data, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not 2CC/GIVINGGRID, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site. 2CC/GIVINGGRID does not control the Content posted via the Site and as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will 2CC/GIVINGGRID be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site. 
You agree to not use the Site to:

    • upload, email, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
    • harm minors or animals in any way.
    • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
    • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law.
    • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
    • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "pyramid schemes," or any other form of solicitation.
    • upload, post, email, transmit or otherwise make available any material that contains software 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.
    • interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
    • intentionally or unintentionally violate any applicable local, state, national or international law.
    • "stalk" or otherwise harass another.

You acknowledge that 2CC/GIVINGGRID may not pre-screen Content, but that 2CC/GIVINGGRID and its designees shall have the right (but not the obligation) in their sole discretion to refuse any Content that is available via the Site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by 2CC/GIVINGGRID or submitted to 2CC/GIVINGGRID.

You acknowledge, consent and agree that 2CC/GIVINGGRID may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TERMS OF USE; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of 2CC/GIVINGGRID, its users and the public.

SUPPORT 
We do our very best to provide speedy customer support to everyone, but we do have limits. While we rarely reach these limits, we cannot continue to provide support to users who are abusive, disrespectful and/or have an excessive amount of customer service requests.

CONTENT MADE AVAILABLE FOR INCLUSION ON THE SITE 
2CC/GIVINGGRID does not claim ownership of Content you submit or make available for inclusion on the Site. However, with respect to Content you submit or make available to the Site, you grant 2CC/GIVINGGRID the following world-wide, royalty free and non-exclusive license(s), as applicable: The license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Site for the purposes of providing and promoting 2CC/GIVINGGRID. This license exists only for as long as you elect to continue to include such Content on the Site and will terminate at the time you remove or 2CC/GIVINGGRID removes such Content from the Site.

GIVINGGRID TO THE RESCUE PROGRAM 
The owner/creator of a campaign that is supported by the GivingGrid to the Rescue program, agrees to allow 2CC/GivingGrid at its sole discretion, to make any changes, deletions or additions to the campaign that it deems necessary for presentation, promotion and support purposes.

FEES AND PRICING
For information about 2CC/GIVINGGRID's fees and pricing, please see our FAQ or Help. 2CC/GIVINGGRID reserves the right to change its pricing at any time without notice. 2CC/GIVINGGRID will post any changes to the appropriate pages, so please check often. All fees are exclusive of all taxes, which the User shall be responsible for, if applicable. Make sure you see our FAQ for other important information.

TAXES
It is your responsibility to determine what, if any, taxes apply to the donations you receive through your use of the site. It is also your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.

INDEMNITY 
You agree to indemnify and hold 2CC/GIVINGGRID, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of a donation you make, content you submit, post, transmit or make available through the Site, your use of the Site, your connection to the Site, your violation of the TERMS OF USE or your violation of any rights of another.

NO RESALE OF SITE 
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

MODIFICATIONS TO SITE 
2CC/GIVINGGRID may change the TERMS OF USE and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently the Site.  Your continued use of the Site constitutes an affirmative: (1) acknowledgment by You of the TERMS OF USE and its modifications; and (2) agreement by You to abide and be bound by the TERMS OF USE and its modifications; and (3) You agree that 2CC/GIVINGGRID shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

Termination or Suspension 
You agree that 2CC/GIVINGGRID may, under certain circumstances and without prior notice, immediately terminate your 2CC/GIVINGGRID account and access to the Site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TERMS OF USE or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Site, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) any illegal (or suspected illegal) activity, (h) account originates from a country or region not currently supported by 2CC/GIVINGGRID and (i) any unethical, abusive or immoral activity or behavior. Termination of your 2CC/GIVINGGRID account includes (a) removal of access to all offerings within the Site (b) deletion of your password and all related information, files and content associated with or inside your account, and (c) barring further use of the Site. Further, you agree that all terminations for cause shall be made in 2CC/GIVINGGRID's sole discretion and that 2CC/GIVINGGRID shall not be liable to you or any third-party for any termination of your account. Should you object to any of the TERMS OF USE or any subsequent modifications thereto or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.

DEALINGS WITH ADVERTISERS 
Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the Site, including payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that 2CC/GIVINGGRID shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

LINKS 
The Site may provide, or third parties may provide, links to other websites or resources. Because 2CC/GIVINGGRID has no control over such sites and resources, you acknowledge and agree that 2CC/GIVINGGRID is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that 2CC/GIVINGGRID 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 site or resource.

2CC/GIVINGGRID'S PROPRIETARY RIGHTS 
You acknowledge and agree that the Site and any necessary software used in connection with the Site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by 2CC/GIVINGGRID or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
2CC/GIVINGGRID grants you a personal, non-transferable and non-exclusive right and license to use its Site and Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by 2CC/GIVINGGRID for use in accessing the Site.

DISCLAIMER OF WARRANTIES 
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

i.

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" & "AS AVAILABLE" BASIS. 2CC/GIVINGGRID EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ii.

2CC/GIVINGGRID MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

iii.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

iv.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 2CC/GIVINGGRID OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

v.

WHEN YOU DONATE TO A NONPROFIT ORGANIZATION, INDIVIDUAL, COMPANY OR OTHER ENTITY, YOU UNDERSTAND HOW YOUR MONEY WILL BE USED. ALL DONATIONS ARE AT YOUR OWN RISK. ONLY DONATE TO THOSE PEOPLE OR ENTITIES THAT YOU FEEL COMFORTABLE DONATING TO AND TRUST. 2CC/GIVINGGRID DOES NOT WARRANT THAT FUNDS DONATED WILL BE USED FOR ANY PARTICULAR PURPOSE AND IS NOT RESPONSIBLE FOR ANY MISUSE OF THE FUNDS BY THE BENEFICIARY.

LIMITATION OF LIABILITY 
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 2CC/GIVINGGRID SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 2CC/GIVINGGRID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.

NOTICE 
Notices to you may be made via either email or regular mail. However, 2CC/GIVINGGRID reserves the right to modify or discontinue the Site with or without notice to you. The Site may also provide notices of changes to the TERMS OF USE or other matters by displaying notices or links to notices to you generally on the Site.

NO THIRD PARTY BENEFICIARIES 
You agree that, except as otherwise expressly provided in this TERMS OF USE, there shall be no third party beneficiaries to this Agreement. 

COPYRIGHT POLICY
2CC/GIVINGGRID respects the intellectual property rights of others and expects its users to do the same. It is 2CC/GIVINGGRID's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, 2CC/GIVINGGRID will respond expeditiously to claims of copyright infringement committed using the 2CC/GIVINGGRID website (the "Site") that are reported to 2CC/GIVINGGRID's Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the website by completing the following DMCA Notice of Alleged Infringement and delivering it to 2CC/GIVINGGRID's Designated Copyright Agent. Upon receipt of the Notice as described below, 2CC/GIVINGGRID will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the website. DMCA Notice of Alleged Infringement ("Notice")

  • Identify the copyrighted work that you claim has been infringed or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
  • Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the website where such reference or link may be found.
  • Provide your mailing address, telephone number, and, if available, email address.
  • Include both of the following statements in the body of the Notice:
    "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

    "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  • Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to 2CC/GIVINGGRID's Designated Copyright Agent:

2CC/GivingGrid Copyright Agent
50855 Washington St. 2C-262
La Quinta, CA 92253

GENERAL INFORMATION 
Entire Agreement. The TERMS OF USE constitute the entire agreement between you and 2CC/GIVINGGRID and govern your use of the Site, superseding any prior agreements between you and 2CC/GIVINGGRID. You also may be subject to additional TERMS OF USE that may apply when you use or purchase certain other 2CC/GIVINGGRID services, affiliate services, third-party content or third-party software.

Waiver and Severability of Terms. The failure of 2CC/GIVINGGRID to exercise or enforce any right or provision of the TERMS OF USE shall not constitute a waiver of such right or provision. If any provision of the TERMS OF USE is found by a court of competent jurisdiction to be 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 the TERMS OF USE remain in full force and effect.
Statute of Limitations. 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 Site or the TERMS OF USE must be filed within one (1) year after such claim or cause of action arose or be forever barred.

APPLICABLE LAW AND DISPUTES
By visiting this website, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these TERMS OF USE and any dispute of any sort that might arise between You and 2CC/GIVINGGRID or any of its affiliates.

Any dispute relating in any way to your visit to our website shall be submitted to confidential arbitration in Los Angeles, California. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of California. You consent to exclusive jurisdiction and venue in such courts. Any arbitration under this agreement shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to this website shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.