TERMS & CONDITIONS GoFundMe charges a flat fee of 5% on all payments collected. The service works with WePay in the USA and PayPal or Stripe internationally to ensure that all donations go directly to you automatically - and in real-time. If you're raising money for your favorite charity, or donating to a "Charity Donation" campaign, those payments are processed by FirstGiving and are delivered to your selected charity or non-profit at least once per quarter (often times more frequently). In addition to GoFundMe's 5% fee, users are also agreeing to one of the following fees, along with the linked Terms & Conditions found below, based on the user's selection during the GoFundMe sign-up process. Only one (1) of the fees described below will be applied per GoFundMe campaign - not a combination thereof: US Users ONLY: WePay charges a fee of 2.9% AND $0.30 per donation. Read WePay's Terms & Conditions. International Users ONLY: PayPal will charge 2.9% AND $0.30 per donation. Read PayPal's Terms & Conditions. UK Users ONLY: Stripe charges a fee of 2.4% AND 20p per transaction. Read Stripe's Terms & Conditions. AU Users ONLY: Stripe will charge 1.75% + 30 for domestic cards and 2.9% + 30 for American Express or international cards per donation. Read Stripe's Terms & Conditions. BE Users ONLY: Stripe will charge 2.9% + 30c per donation. Read Stripe's Terms & Conditions. CH Users ONLY: Stripe will charge 2.9% + 30c per donation. Read Stripe's Terms & Conditions. DE Users ONLY: Stripe will charge 2.9% + 20c per donation. Read Stripe's Terms & Conditions. ES Users ONLY: Stripe will charge 2.9% + 20c per donation. Read Stripe's Terms & Conditions. IE Users ONLY: Stripe will charge 2.4% + 24c + VAT per donation. Read Stripe's Terms & Conditions. FI Users ONLY: Stripe will charge 2.9% + 30c per donation. Read Stripe's Terms & Conditions. FR Users ONLY: Stripe will charge 2.9% + 30c per donation. Read Stripe's Terms & Conditions. LU Users ONLY: Stripe will charge 2.9% + 30c per donation. Read Stripe's Terms & Conditions. NL Users ONLY: Stripe will charge 2.9% + 30c per donation. Read Stripe's Terms & Conditions. Charity Users ONLY: FirstGiving charges a flat fee of 4.25%. Read FirstGiving's Terms & Conditions. All fees are deducted from each transaction automatically so you're never billed for anything. GoFundMe is not the same company as PayPal, Stripe, WePay, or FirstGiving and their fees and commissions are subject to change without notice from us. As a GoFundMe user, the online donation page you publish will be publicly available on the internet, for all to see, including search engines like Google and Yahoo. However, you can choose whether or not you would like your donation page's activity, such as recent donations, published to the GoFundMe homepage. There are no private or hidden GoFundMe donation pages. Your activity is public. As a donor to a GoFundMe online donation page you have the option to publicly display your donation for all to see, including search engines like Google and Yahoo. To hide your donation, including your name, comment and/or Facebook photo from others visitor and search engines alike, simply click the "Private" checkbox during the donation process. You are independently responsible for complying with all applicable laws in all of your actions related to your use of GoFundMe's services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy. NOT ALLOWED ON GOFUNDME To report a campaign that you believe violates the guidelines below, please contact us at: http://www.gofundme.com/contact Sexually explicit material Sexually suggestive material Adult services or products Pornography of any kind Material relating to adult industry Campaigns in defense of formal charges of heinous crimes, including violent, hateful, or sexual acts Content associated with hate groups or terrorist organizations Campaigns including inflammatory or accusatory statements Underage consumption or abuse of alcohol, tobacco, or narcotics Drug abuse, products or paraphernalia The illegal purchase or use of marijuana Offering equity or return-on-investment Pyramid or ponzi schemes, "get rich quick" schemes Purchases of annuities, investments, equity or lottery contracts Offshore banking or currency exchanges Betting, gambling, raffles, or sweepstakes Exchange of unrecognized or crypto-currencies Offering monetary rewards, including gift cards Non-medical or violent bodily mutilation Non-prescribed drug use or purchase Graphic content of injuries or procedures Procedures conducted outside of an accredited medical institution Directly funding an abortion (human or animal) The purchase, transfer or production of non-FDA approved ingestible or consumable products and services Hurtful or hateful language Violent or hateful material Materials including bigotry, racism, sexism, or profanity Supporting or inciting treasonous behavior False, misleading, dishonest statements Blood, gore, graphic material Sorcery, unexplained sciences or absurd claims Funding or planning an assassination, suicide, or assisted suicide Ending the life of an animal The purchase, transfer, or exchange of weapons of any kind including guns, knives, explosives and ammunition Campaigns in support of rebel groups, militias, gangs, or any organized violence While these guidelines may not cover every unique scenario, GoFundMe will always review questionable campaigns on a case-by-case basis and will take appropriate action where necessary. NOTE: Campaign organizers will not be penalized for unwanted and inappropriate comments relating to the items above posted to their campaigns by others. A SPECIAL NOTE TO REGULATORY AGENCIES We do not engage in any solicitation activities; such activities are carried out by our users on their own initiative. Additionally, our "Charity Donations" are processed through a separate business entity, FirstGiving. If your agency has any concerns that a law is being violated by our users, please report it to us immediately and we will work to address your concern. TAX & LEGAL REPRESENTATIONS As a condition of using our service, you represent to us that: (a) If residing in the US, you are a person who is not a non-profit organization or charity as defined by the Internal Revenue Service; Note: Non-Profits & Charities should refer to FirstGiving.com if interested in becoming listed in GoFundMe's charity database. (b) The funds you obtain through the methods on our website will be used solely for the purposes described in the materials that you post; (c) You will comply with all relevant local, state, and federal laws applicable to you when you solicit funds, particularly but not limited to the laws relating to your marketing and solicitation for your project. PROHIBITED ACTIVITIES You may not use the GoFundMe service for activities that: violate any law, statute, ordinance or regulation relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) ,certain weapons or knives regulated under applicable law relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the following Money Service Business activities: the sale of traveler's checks or money orders, currency exchanges or check cashing,or (g) provide certain credit repair or debt settlement services involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from GoFundMe and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law. You may not accept payments on GoFundMe to purchase weapons, including replicas and collectible items, or ammunition. VIOLATIONS OF THE ACCEPTABLE USE POLICY We encourage you to report violations of this Acceptable Use Policy to GoFundMe immediately. If you have a question about whether a type of transaction may violate the Acceptable Use Policy, you can email GoFundMe's Compliance Department at: http://www.gofundme.com/contact/ In this document the following phrases are defined as: Service: This web site, GoFundMe.com. User: An individual or entity that registers an account for the service. Donor: An individual or entity that donates to a fund or posts a comment to a fund. INTRODUCTION These Terms and Conditions may only be modified by an authorized executive of California Product Shop Inc. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. GoFundMe.com processes payment transactions through 3rd-party payment solutions such as PayPal, Stripe, WePay and FirstGiving, among others. GoFundMe.com is not a chartered banking entity. All funds that are not part of a fee paid to GoFundMe.com are paid directly to 3rd-party payment solutions. You will not hold GoFundMe.com liable or responsible for any funds or tax obligations on those funds paid to 3rd-party payment solutions. Donors and Users agree not to involve GoFundMe.com in any litigation that occurs due to using the website. GoFundMe.com is owned by California Product Shop, Inc. Neither GoFundMe.com nor California Product Shop, Inc. will be held liable for any loss or damage due to failure to comply to the terms of this agreement. DISCLAIMER OF WARRANTIES WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS. YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS MADE BY THIRD PARTIES THROUGH OUR WEBSITE. THIS INCLUDES ANY FAILURE OF ANY GOODS OR SERVICES TO MEET YOUR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY CHARITABLE OFFERS THAT MAY TURN OUT TO BE FRAUDULENT, IRRESPONSIBLE, OR OTHERWISE ADVERTISED IN BAD FAITH. WE ARE NOT RESPONSIBLE FOR ANY FAILURES ON THE PART OF OUR THIRD PARTY PAYMENT PROCESSORS. WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY. THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS "REPRESENTATIONS & WARRANTIES" SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION. For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. GOFUNDME.COM SERVICE GoFundMe.com is a service that enables Users to collect money into their own PayPal, Stripe or WePay accounts for a specific purpose. Upon becoming a User through the Registration process, or a Donor through either the Donation process or comment process, you agree that GoFundMe.com may, in our sole discretion, modify the terms of this Agreement by updating the modified terms to the GoFundMe.com website. By continuing to use the product after registering you are accepting the modified Terms and Conditions of Service. BY USING THE GOFUNDME.COM SERVICE YOU AGREE TO THE FOLLOWING 1) You are at least 18 years of age. 2) You will comply with all local, state/provincial, regional & national laws in your area of residence. 3) You are to alert the GoFundMe.com service staff about any unauthorized use of your User or Donor accounts. You agree to allow GoFundMe.com to use anonymous aggregate data to enable GoFundMe.com to offer a better service in the future. INDEMNIFICATION You agree to defend, indemnify and hold harmless California Product Shop Inc., California Product Shop Inc. employees, and California Product Shop Inc. agents from and against any and all claims and expenses, including attorneys' fees, costs, and disbursements, arising out of your use of the Web site, including but not limited to, out of your violation of any representation or warranty contained in these Terms and Conditions. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial. GOFUNDME.COM ACCOUNTS GoFundMe.com reserves the right to delete User or Donor accounts at our discretion. You are fully responsible for any content you post as a User or a Donor. You agree by becoming a User or Donor that you will not: 1) Use sexually explicit content, obscenities, copyrighted material, or abusive/hateful language in any area of the site 2) Use your GoFundMe.com account for any illegal purposes. 3) Provide information that is not complete and accurate. 4) Attempt to bypass or otherwise circumvent the designated method of payment as provided by GoFundMe. GoFundMe.com has the right to, though will not be obligated to, in GoFundMe.com's sole discretion, to remove any content or block any individual or entity for any reason. GoFundMe.com will have no obligation to provide a refund of any amounts previously paid. GoFundMe.com does not and can not review all the material posted to the GoFundMe.com system. By visiting GoFundMe.com you are responsible for protecting yourself from content that is offensive or harmful that may have been posted on the website by another user. By visiting GoFundMe.com you are responsible for protecting your equipment (computer, etc.) from any harm resulting from a visit to the website. CHOICE OF LAW These Terms and Conditions and our provision of services to you shall be governed by the laws-state, federal, or otherwise-applicable in the State of California. FORUM OF DISPUTE Any dispute arising from or relating to these Terms and Conditions or our provision of services to you must be resolved in a court of competent jurisdiction in the State of California. If you fail to bring a dispute in compliance with these "Forum of Dispute" provisions, we may make a motion to dismiss your claim, which you must consent to, and you will be responsible for all of our reasonable attorneys' fees, costs, and disbursements involved in making such a motion. Additionally, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys' fees, cost, and disbursements. COMMUNICATIONS Electronic communications from GoFundMe.com will be sent to Users to inform them of a variety of events that inform them about the state of their fund. You agree to allow GoFundMe.com to send these communications to your email address. You also agree that GoFundMe.com is not liable for any user generated content that is sent to you as a part of these communications. You agree that you are liable for any communications you send to potential Donors promoting you Fund site. These communications include, but are not limited to, "share" emails sent through the GoFundMe.com and communications sent outside of the GoFundMe.com system. COPYRIGHT INFRINGEMENT GoFundme.com has registered a Copyright Agent with the U.S. Copyright Office pursuant to the Digital Millennium Copyright Act. If you believe your copyright has been infringed, please send us a notice that contains: Your name. The name of the party whose copyright or trademark has been infringed, if different from your name. The name and description of the work that is being infringed. The location on our website of the infringing material. A statement that you have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law. A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use. You must sign this notification and send it to our Copyright Agent at: Aaron M. Kelly, Esq. Kelly/Warner PLLC 404 S. Mill Ave. Tempe, AZ 85281 If the DMCA notice is properly formed, we will act quickly to take down the complained-about material and request a response from the person responsible for posting it. Please note that sending a false DMCA notice is not only a criminal act, but also enables the victim of the notice to sue you. SEVERABILITY In the event that a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision of the Terms and Conditions, or otherwise unenforceable, the Terms and Conditions will remain in force as though they had been entered into without that unenforceable provision being included in it. If two or more provisions are deemed to conflict with each other's operation, California Product Shop Inc. shall have the sole right to elect which provision remains in force. AMENDMENTS We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
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