Terms of Service
TERMS OF SERVICE- 247 Fundraiser, LLC (DBA 247Fundraiser.com)
Thank you for using our products and services (“Services”). The Services are provided by 247 Fundraiser, LLC (“247”)(“Company”), a Utah limited liability company located in Heber City, Utah.
By using our Services, you are agreeing to these terms. Please read them carefully.
Age Requirement
THIS SOFTWARE IS ONLY INTENDED FOR USERS WHO ARE AT LEAST 13 YEARS OF AGE. IT IS A VIOLATION OF OUR TERMS OF SERVICE TO DOWNLOAD THE SOFTWARE APPLICATION ONTO COMPUTERS, TABLETS, PHONES OR OTHER DEVICES OWNED BY MINORS YOUNGER THAN 13 YEARS OF AGE (“MINORS”). MINORS ARE ALSO NOT ALLOWED TO USE THE APPLICATION UNLESS THEY ARE UNDER THE DIRECT SUPERVISION OF THEIR PARENT OR LEGAL REPRESENTATIVE. THE COMPANY WILL IMMEDIATELY DEACTIVATE ACCOUNTS THAT VIOLATE OUR AGE REQUIREMENT. IN ADDITION, THE LICENSEE MUST PAY 247 A $100 FEE FOR VIOLATING THIS POLICY.
Using our Services
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
We may review content (photos, words, etc.) to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law or we determine, in our sole discretion and subjective opinion, to be inappropriate or offensive in any way. But that does not necessarily mean that we review content, so please don’t assume that we do. You agree to not post any content to our Services or platforms which a reasonable person would consider inappropriate or in bad taste or offensive to any other person or entity. You agree to indemnify, defend and hold 247 Funderaiser, LLC, its owners, members and employees harmless from any liability, loss, claim, suit or action arising from or related in any way to your failure to abide by these provisions, including, without limitation, any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Our services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
You may need a company account in order to use some of our Services. You may create your own account, or your account may be assigned to you by the administrator in charge of the fundraising campaign (“Administrator”). If you are using an account assigned to you by an Administrator, different or additional terms may apply and your Administrator may be able to access or disable your account. The Administrator is responsible for providing the account holder with any additional terms being imposed onto the account.
To protect your account, keep your password confidential. You are responsible for the activity that happens on or through your account. Try not to reuse your account password on third-party applications.
Privacy
247, LLC privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that 247 Fundraiser, LLC can use any data provided by the user in accordance with our privacy policies.
OUR SERVICES DISPLAY SOME CONTENT THAT IS NOT OUR OWN. CURRENTLY, OUR COMPANY UTILIZES SOFTWARE FROM THIRD-PARTY PROVIDERS, WHICH MAY INCLUDE AND IS NOT LIMITED TO APPLE, GOOGLE, FACEBOOK, INSTAGRAM, TWITTER, YOUTUBE, AND WORDPRESS. WE WILL DO OUR BEST TO DISCLOSE ALL OTHER THIRD-PARTY PROVIDERS WHO MAY HAVE ACCESS TO THE PERSONAL INFORMATION THAT OUR USERS HAVE INPUTTED INTO THE SOFTWARE (“USERS’ PERSONAL INFORMATION”). IF WE INADVERTENTLY FAIL TO NOTIFY OUR USERS ABOUT A THIRD-PARTY PROVIDER WHO TO OUR USERS’ PERSONAL INFORMATION THEN WE WILL PROMPTLY MAKE THE PROPER DISCLOSURES AS SOON AS WE REASONABLY CAN AFTER DISCOVERING SUCH FACT.
ANY CONTENT PROVIDED BY THIRD-PARTY PROVIDERS IS THE SOLE RESPONSIBILITY OF THE ENTITY THAT MAKES IT AVAILABLE.
YOU ARE RESPONSIBLE FOR REVIEWING AND COMPLYING WITH PRIVACY POLICIES OF 247’s THIRD-PARTY PROVIDERS.
Your Content in our Services
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours. 247 will make a reasonable attempt to save the data inputted by users, but 247 cannot guarantee that the data inputted by users will remain on our system for longer than required by law or two months, whichever is shorter.
When you upload, submit, store, send or receive content to or through our Services, you give 247 Fundraiser, LLC (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service.
Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services. You agree to indemnify, defend and hold 247 Funderaiser, LLC, its owners, members and employees harmless from any liability, loss, claim, suit or action arising from or related in any way to your failure to possess such rights and/or grant us this license, including, without limitation, any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Our automated systems may analyze your content to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
If you have an account, we may display your profile name, profile photo, and actions you take or on third-party applications connected to your account (such as +1’s, reviews you write and comments you post) in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your account.
About Software in our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
You may not copy, modify, distribute, sell, or lease any part of our Services or included software or code, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission in advance.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we will be sorry to see you go. 247 Fundraiser, LLC may also stop providing Services to you, or add or create new limits to our Services at any time for any reason or no reason, without your permission or consent or notice, except as explicitly set forth in these terms of service.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER 247 NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE AND EXPRESSLY DISCLAIM ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, 247 AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF 247, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, 247, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business, Governement or Non-profit use of our Services
If you are a business government entity (e.g. a school) or non-profit entity or are using our Services on behalf of a business, government entity or non-profit entity, that entity accepts and agrees to be bound by these terms. Any such business, government entity or non-profit entity by using the Services, agrees and affirms that it has the legal right to do so and that it is solely responsible for complying with any fundraising laws, rules or regulations, and registrations or licensures applicable to such business, government entity or non-profit entity and that it is solely responsible for paying any taxes when and if applicable resulting from funds raised through our platform Services, and you and any such entity by using our Services hereby agree and you and the entity will hold harmless and indemnify and defend 247 Fundraiser, LLC and its affiliates, officers, agents, and employees from any liability, claim, suit or action of any kind whatsoever arising from or related in any way whatsoever to the use of the Services or violation of these terms, including, without limitation, any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
You are responsible for any content you post in or on our platform, and agree that 247 has the right to remove any content you post that we feel, in our sole discretion, is in violation of applicable law, our policies or our sense of appropriateness with respect to the integrity and reputation of our Services and you hereby give us your permission to suspend for a time or bar you completeley from the use of our Services if we deem such action to be appropriate, in our sole discretion, under the circumstances. You agree to indemnify, defend and hold 247 Funderaiser, LLC, its owners, members and employees harmless from any liability, loss, claim, suit or action arising from or related in any way to the content you post in or on our Services or platforms your inappropriate use of our Services and/or your violation of these terms, including, without limitation, any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Refunds, Reimbursements and Cancellations
It is the policy of 247 Fundraiser, LLC (DBA 247Fundraiser.com) to not process, provide, offer or approve refunds, reimbursements or cancellations. All transactions are complete once payment is accepted. However, we do want all of our customers to have a good experience when purchasing fundraising products. If you have an issue with a purchase, please contact us and we will work to resolve any issues or concerns.
About these Terms
WE MAY MODIFY THESE TERMS OR ANY ADDITIONAL TERMS THAT APPLY TO A SERVICE TO, FOR EXAMPLE, REFLECT CHANGES TO THE LAW OR CHANGES TO OUR SERVICES. YOU SHOULD LOOK AT THE TERMS REGULARLY. WE WILL POST NOTICE OF MODIFICATIONS TO THESE TERMS ON THIS PAGE. WE WILL POST NOTICE OF MODIFIED ADDITIONAL TERMS IN THE APPLICABLE SERVICE. CHANGES WILL NOT APPLY RETROACTIVELY AND WILL BECOME EFFECTIVE NO SOONER THAN FOURTEEN DAYS AFTER THEY ARE POSTED. HOWEVER, CHANGES ADDRESSING NEW FUNCTIONS FOR A SERVICE OR CHANGES MADE FOR LEGAL REASONS WILL BE EFFECTIVE IMMEDIATELY. IF YOU DO NOT AGREE TO THE MODIFIED TERMS FOR A SERVICE, YOU AGREE THAT YOUR SOLE RECOURSE IS TO DISCONTINUE YOUR USE OF THAT SERVICE.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between 247 and you. They do not create any third-party beneficiary rights.
If you do not comply with these terms, and we do not take action right away, this doesn’t mean that we are giving up, waiving or modifying in any way any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
CHOICE OF LAW
THE LAWS OF THE STATE OF UTAH, U.S.A. WILL APPLY TO ANY DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF WASATCH COUNTY, UTAH, USA (SALT LAKE COUNTY, UTAH, USA IN THE CASE OF FEDERAL COURTS) AND YOU AND 247 CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
Mediation or Arbitration.
To the extent permissible under applicable law, and except as may be reasonably necessary, as determined solely by 247, in order to seek a restraining order or injunction to protect the interests or property of 247, you agree to mediate or arbitrate (and hereby agree to mediate or arbitrate rather than litigate) any dispute arising out of your use of the Services or involving 247 Fundraiser, LLC, it’s owners, members or employees, prior to filing a lawsuit or other legal or civil action in any court or with any public entity. Mediation or arbitration shall result in a binding resolution of the disputed matter and shall be conducted by a mediator or arbitrator located in the State of Utah and reasonably agreed to by the parties. The parties shall share the fee charged by the mediator or arbitrator, and will otherwise be responsible for all of their own costs related to such mediation or arbitration. You hereby agree to be bound by the outcome of such mediation or arbitration as a final and binding resolution to the dispute being mediated or arbitrated, and you hereby agree to indemnify, defend and hold 247 Fundraiser, LLC, its owners, members and employees harmless from any liability, loss, claim, suit or action arising from or related in any way to your failure to abide by this mediation/arbitration provision or in any way violate these Terms of Service, including, without limitation, any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
If you wish to report a campaign for possible fraudulent, behavior in violation of our Terms of Service or untrustworthy behavior, report the campaign and your reasons for the report here.