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GivAClick Terms of Service

These Terms of Service are a legally binding agreement (the "Agreement") between you and ARPU Inc., the owner and operator of the GivAClick website and service ("GivAClick"). BEFORE YOU CLICK ON THE 'DONATE NOW' BUTTON OR MAKE A DONATION THROUGH THE GIVACLICK SERVICE, PLEASE CAREFULLY READ THIS AGREEMENT. BY MAKING A DONATION THROUGH THE GIVACLICK SERVICE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT CLICK 'DONATE NOW' OR USE THE GIVACLICK SERVICE.

  1. GivAClick Service. GivAClick enables consumers to make one-time and recurring point-of-sale donations to nonprofits and charities upon finishing a purchase of goods or services on a participating company's website. As used herein, the "GivAClick Service" refers to the GivAClick web-based service operated by GivAClick. In consideration of your use of the GivAClick Service, you represent that you are eighteen years of age or over. In connection with your use of the GivAClick Service, you agree to provide true, accurate, current and complete information about yourself. If you provide any information that is untrue, inaccurate, not current or incomplete or GivAClick has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GivAClick has the right to refuse any and all current or future use of the GivAClick Service or any services provided hereunder (or any portion thereof). You further agree to not use the GivAClick Service to violate any applicable law; disrupt or interfere with any computer networks associated with the GivAClick Service; or impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
  2. Your Donations. The nonprofits and charities that collect your donation through the GivAClick Service are referred to herein as "Nonprofits" and "Charities". Depending on which Nonprofit or Charity you donate to, your donation payment may be processed by GivAClick's or the Nonprofit's or Charity's third party payment processor. GivAClick charges the Nonprofit or Charity a fee for providing the GivAClick service. GivAClick reserves the right to withhold donation amounts if necessary to protect it from financial or other risks. Your donation is subject to tax laws and may or may not be deductible for you, depending on your situation, the tax laws then in effect, the tax status of the Nonprofit or Charity and other factors. You agree to waive any claim against GivAClick and hold GivAClick harmless from and against any claims related to the tax status of the Nonprofit or Charity or the tax treatment of your donation.
  3. Billing. The GivAClick Service will store your billing information and process all charges associated with your donation(s). If you make a periodic or subscription donation, charges to your credit card will be billed on a periodic basis as selected by you when you signed up for the subscription donation, unless otherwise expressly noted. If you elect to use the convenience feature that imports your billing information previously entered during a purchase from a participating company's website, GivAClick will receive your billing information, use it to process your donation, and store it in connection with your account. It is your responsibility to provide accurate and valid billing, credit card and other required information. GivAClick may in some instances charge a credit card past its expiration date, at GivAClick's discretion and subject to the payment processors' or issuing bank's approval. Please note that once you commit to a recurring subscription donation, your credit card will be charged on the agreed-to periodic basis, as long as your credit card remains active or until you cancel your subscription donation. All amounts quoted on the GivAClick Service are in U.S. Dollars and all charges to your account will be made in U.S. Dollars.
  4. Billing Support and Subscription Donation Cancellation. You may cancel any recurring subscription donation at any time or make billing inquiries regarding a one-time or recurring subscription donation by contacting the telephone number and email address contained in your donation confirmation email (your credit card statement should also show a telephone number for billing support next to the charge for the applicable donation). If for any reason you cannot find this information, in most cases, you can make such billing inquiries and cancellation requests via telephone call to GivAClick Customer Service at 202-446-1814 or via email to support@GivAClick.com. For email cancellation requests related to a recurring subscription donation, your cancellation will not be valid and your email may be screened by our spam filter unless you: (a) include "CANCELLATION REQUEST" in the subject line of the email, and (b) include your order confirmation number or customer number and the name of the Nonprofit or Charity associated with the subscription donation you would like to cancel in the body of the email. Please ensure that any inquiry also includes the email address you used in connection with the donation you are inquiring about. GivAClick will process any request for cancellation as soon as practicable, but in any event within 30 days of the date of the request, and charges will continue to accrue during that time. In certain cases, GivAClick may not be able to cancel your subscription donation or handle your billing inquiry directly. In such cases, we either will direct you to the applicable Nonprofit or Charity to which you will need to submit the request or inquiry or forward your request or inquiry to the applicable Nonprofit or Charity. If your credit card becomes invalid at any time, GivAClick may suspend or terminate the subscription donation you have made or not process a one-time donation. In such event, GivAClick will attempt to notify you, but may not do so in all cases, and you should not rely on GivAClick to ensure that your credit card information is current at all times. GivAClick retains the discretion to suspend or terminate your account or any particular donation you have made at any time, in GivAClick's discretion.
  5. General Customer Service Inquiries. GivAClick does not handle general inquiries regarding the missions or programs of our partner Nonprofits and Charities. Such inquiries should be sent directly to the applicable Nonprofit or Charity.
  6. Links to Other Sites. The GivAClick Service may contain links to other sites hosted and/or maintained by third parties, including Nonprofits and Charities. GivAClick shall not be responsible for the content of any third party sites that may be linked to or from the GivAClick Service. These links are provided for your convenience, and you use them at your own risk. A link to a third party site is not an endorsement of any third party site or service. GivAClick does not assume any responsibility or liability for the content or use of any third party site or any third party's products and/or services.
  7. Disclaimer of Warranties and Limitation of Liability. GivAClick does not control the tax status of any Nonprofits or Charities, nor does GivAClick control how Nonprofits or Charities spend donation funds. Accordingly, you should research the Nonprofits or Charities and satisfy yourself as to its purposes and philosophy, and how it proposes to use donation funds, before making your donation. GivAClick makes no representations, warranties or guarantees that descriptions, FAQ's, solicitation claims, tax status statements, or other information available about Nonprofits or Charities on the GivAClick Service is accurate, complete, reliable, current, or error-free. GivAClick also makes no representations, warranties or guarantees as to the tax status of any Nonprofit or Charity, how any Nonprofit or Charity spends donation funds, or how your donation will be treated for tax purposes. If you have any questions regarding the tax treatment of your donation, please consult your tax advisor. Nothing on the GivAClick Service is intended as, or should be construed as, tax or legal advice to you. If you are dissatisfied with your donation or any Nonprofit or Charity or the tax treatment of your donation for any reason, you hereby agree that you will hold GivAClick harmless and that your sole remedy against GivAClick will be to cease using the GivAClick Service.
  8. THE GIVACLICK SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY DONATIONS MADE THROUGH THE GIVACLICK SERVICE ARE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY INCLUDED IN THIS AGREEMENT. GIVACLICK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR TAX STATUS OF ANY NONPROFIT OR CHARITY, THE OPERATION OF THE GIVACLICK SERVICE, OR THE INFORMATION OR CONTENT INCLUDED IN OR AVAILABLE FROM THE GIVACLICK SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GIVACLICK SERVICE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GIVACLICK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE GIVACLICK SERVICE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AGREE THAT GIVACLICK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE GIVACLICK SERVICE OR YOUR DONATIONS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
  9. Privacy Policy. By entering into this Agreement, you agree that GivAClick may collect and retain personal information about you, including your name, physical address, phone number, email address and credit card information. In some instances, you will be given an opportunity to pre-populate your donation form with your billing information previously entered during a purchase from one of our partners' web sites. If you opt to use this service, GivAClick will receive this information directly from the partner and use it in processing your one-time and/or subscription donation(s), and by opting to use this service, you authorize and agree to the secure transmission of your personal information from the partner to GivAClick for the purposes of servicing your order. All personal information received by GivAClick will be used in accordance with our published privacy policy. GivAClick employs other companies and individuals to perform functions on its behalf. Examples may include, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, serving advertisements and processing credit card payments. They have access to personal information needed to perform their functions, but may not use it for other purposes. GivAClick may amend its privacy policy from time to time, in its sole discretion. You should refer to GivAClick's privacy policy prior to agreeing to this Agreement for a more detailed explanation of how your information will be stored and used by GivAClick.
  10. Intellectual Property Rights. The trademarks and service marks on the GivAClick Service are the intellectual property of ARPU, Inc. All third party trademarks on the GivAClick Service are the property of their respective owners. Except as provided by applicable law, all such marks may not be used and/or reproduced without the written permission of GivAClick or their respective owner. All copyrightable material ("Material") on the GivAClick Service is protected under copyright law as the exclusive property of GivAClick. The Material may not be used and/or reproduced without the written permission of GivAClick. Any third party copyrighted material appearing on the GivAClick Service is used with the owner's permission.
  11. No Waiver. GivAClick's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provisions hereunder.
  12. General. This Agreement is governed by the laws of the United States and the State of New York, without reference to conflict of laws principles. The parties hereto hereby irrevocably agree to submit to the exclusive jurisdiction of the state and federal courts located in the County of Fairfax in the State of Virginia for all disputes arising under this Agreement. This Agreement is the entire agreement between you and GivAClick and supersedes any other prior or contemporaneous agreements, oral or written, or advertising. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. No provision hereof shall be deemed waived or modified except in a written addendum signed by an authorized representative of GivAClick.