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This document contains the Terms of Use (“Terms of Use“) associated with the use of the websites and services (the “Platform“) of ThanksForSupporting, Inc. (“ThanksForSupporting“), an Idaho corporation. Use of the Platform implies agreement by Users to be bound by these Terms of Use, our Privacy Policy, and all policies, conditions and applicable laws referenced herein (collectively, the “Terms“). These Terms may be amended at any time by ThanksForSupporting and posted to the ThanksForSupporting website. Continued use of the Platform after revised Terms have been posted constitutes Users’ acceptance of the revised Terms.
Following are definitions used throughout these Terms:
Accounts – Access to the Platform by the Users.
Beneficiary – The organization/entity that ultimately receives the Donations raised via the Fundraiser (i.e. youth sports teams, cheerleading teams, schools, bands, etc.)
Coordinator – The person responsible for organizing and running the Fundraiser on behalf of the Beneficiary.
Credentials – The username and password needed by Users to access their Accounts.
Donations – The money contributed by Donors to the Fundraiser.
Donor Information – The name and email address of Donors.
Donors – The individuals or entities who make Donations to the Fundraiser.
Fundraiser – The use of the Platform to receive Donations from Donors for the Beneficiary.
Gift – A one year subscription to the third-party GeoCouponAlertsTM coupon app for all Donors giving at least $20 or more in Donations.
Goal – The targeted total amount of Donations to be raised from the Fundraiser.
Incentives – Items or services promised by the Beneficiary to Donors in exchange for specified amounts of Donations.
Participants – The individuals who participate in promoting the Fundraiser.
Period – The timeframe in which Donations will be received for the Fundraiser.
Perpetual – A Fundraiser without an end date for receiving Donations, so it continues in indefinitely.
Platform – The website and services provided by ThanksForSupporting to facilitate the creation and execution of Fundraisers, including but not limited to: emails, Accounts, social sharing, personalized webpages, and donation tracking.
Service Fees – The fees charged by Stripe® and ThanksForSupporting for merchant services and use of the Platform, respectively.
User Content – All images, videos and written descriptions uploaded or entered by the Users for the Fundraiser.
Users – Includes the Coordinator, Participants and the Donors
ThanksForSupporting is an online crowdfunding Platform designed to help Beneficiary organizations create, promote and manage their Fundraisers. Coordinators use the Platform to setup Fundraisers on behalf of the Beneficiary organizations. Participants use the Platform to promote those Fundraisers to their email and social contacts. Donors use the Platform to make Donations to the Beneficiary organizations. ThanksForSupporting makes no representations about the truth or accuracy of User Content or the legality, morality, quality, or safety of any Beneficiary, Fundraiser, Donation or Incentive. ThanksForSupporting makes no representation as to whether Donations will be used as described in the Fundraiser or if the Beneficiary will deliver any Incentives. Users use the Platform at their own risk. The Platform does not include the offer or sale of securities (as such term is defined in the Securities Act of 1933), and ThanksForSupporting Inc. is not a broker-dealer or a member of the Financial Industry Regulatory Authority.
All “Users” acknowledge and agree that:
“Coordinators” acknowledge and agree that:
“Donors” acknowledge and agree that:
“Coordinators” may not create a “Fundraiser” under any circumstance that:
“Users” must not:
Coordinators are legally bound to deliver any Incentives or other commitment or promise to Donors. The Coordinator must work directly with Donors to resolve any disputes in the event the Coordinator is not able to fulfill any of its commitments to Donors. If Coordinator agrees to refund any Donations to Donors as part of a resolution and if the funds have already been disbursed to the Beneficiary, the Coordinator is directly responsible for issuing refunds to Donors.
ThanksForSupporting is not obligated to become involved in any disputes between Coordinators, Participants and Donors. ThanksForSupporting may, at its discretion, provide the Coordinator’s contact information to Users or Donors so the two parties can connect with each other and resolve their dispute.
All content on the Platform (other than User Content), such as, but not limited to, graphics, logos, text, buttons, images, icons, videos, and software, is the property of ThanksForSupporting and is protected by United States and international intellectual property laws.
ThanksForSupporting grants each User a revocable, non-transferable, limited, non-exclusive license to use the Platform subject to such User’s compliance with the Terms.
The trademark THANKSFORSUPPORTINGTM is owned by ThanksForSupporting, Inc. Users are prohibited from registering corporate or trade names, social media accounts, domain names, apps, user names, trademarks, or copyrights that incorporate any of ThanksForSupporting’s trademarks or are confusingly similar to any of ThanksForSupporting’s trademarks.
“Confidential Information” shall include (i) all documents and verbal communications which relate to the products or businesses of either party and which (A) are disclosed by disclosing party to the receiving party, and (B) are confidential and proprietary to a party, (ii) the contents of this Agreement including, but not limited to, a description of the Platform, (iii) the fees payable to ThanksForSupporting hereunder, (iv) Donor Information.
Each party agrees not to disclose such Confidential Information to others (except its employees and subcontractors who reasonably require same for the purposes hereof and who are bound by a like obligation as to confidentiality) or to use it for purposes other than internally as necessary to perform its obligations under this Agreement, without the other party’s express written permission, except when Confidential Information received from ThanksForSupporting (i) can be demonstrated by written records to be known to Coordinator at the time of receipt without restriction, (ii) was subsequently otherwise legally acquired by Coordinator from a third Party having an independent right to disclose the information without restriction, (iii) is now or later becomes publicly known without breach of this Agreement, Statement of Work, or any other agreement, (iv) is required to be disclosed by order of a court, administrative agency, or other governmental body provided that Coordinator has given reasonable advance notice to allow ThanksForSupporting the opportunity to seek a protective order or otherwise prevent or limit such disclosure or (v) is or has been independently developed by employees of Coordinator without reference to the Confidential Information, and such development can be substantiated in writing. Coordinator’s obligations of confidentiality and non-use shall be in force during the term of the Agreement or any applicable Statement of Work and any extension thereof and shall extend for a period of three (3) years from the expiration or termination of the Agreement.
ThanksForSupporting shall provide to Coordinator the name and email address of Donors to the Fundraiser (“Donor Information”) and Coordinator shall have the right to use such Donor Information only for the purposes of: (1) fulfilling Incentives, and (2) to contact Donors to request information and feedback on the Fundraiser. Coordinator shall take reasonable organizational, technical and administrative means to protect Donor Information, including compliance with international, federal, state and local privacy laws.
In accordance with best industry practices and standards, Coordinator will ensure the following:
Setting up an account on the Platform is free. We do not charge Service Fees to Donors. Unless otherwise expressly indicated on the Platform, we do charge our Service Fees to the Beneficiary as a portion of the Donations they raise (the “Service Fees“).
Donors may request a refund from ThanksForSupporting before the end of a Fundraiser. For Fundraisers that are Perpetual, Donors may request a refund from ThanksForSupporting within 10 days of the Donation by emailing ThanksForSupporting at [email protected]. In the email, Donors must indicate the following information to receive a refund:
Donations are eligible for a refund by ThanksForSupporting unless (a) the Donation funds have already been transferred to the Beneficiary, or (b) ThanksForSupporting determines that there has been an abuse of these Terms of Use. ThanksForSupporting reserves the right to terminate User Accounts and remove Fundraisers for any abuse of this refund policy. For Fundraisers that have ended, or in situations where the Donation funds have been transferred to the Beneficiary, Donors should contact the Coordinator directly regarding refunds.
Funds raised on the Platform may be classified as taxable income to the Beneficiary receiving the funds by taxing authorities. The tax identification number (TIN) of each Beneficiary is required to report taxable income to the relevant taxing authorities. If required by the relevant taxing authorities, ThanksForSupporting will provide the Coordinator with a tax document.
Service Fees for Perpetual (“Perpetual“) Fundraisers are the same as for other Fundraisers, except Donations will be disbursed to the Beneficiary on a monthly basis.
Each Donor that contributes a Donation of $20 or more, will receive a one year subscription to the GeoCouponAlertsTM coupon app.
Users may post logos, videos, text, graphics, photos, and other visual or audio materials (collectively, “User Content“) on the Platform. Users grant ThanksForSupporting a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Platform and for any marketing and promotional activities of ThanksForSupporting. Users continue to hold all ownership interest in their User Content. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
The Services may contain links to third-party websites, advertisers, or services that are not owned or controlled by ThanksForSupporting, such as Facebook, Twitter and GeoCouponAlertsTM. Access to or use of third-party sites or services are at each User’s own risk. Except as otherwise expressly provided herein, ThanksForSupporting is not responsible for any loss or damage of any sort relating to User dealings with these third-party sites or services. We encourage Users to be aware of when they leave the Platform, and to read the terms and conditions and privacy policy of any third-party website or service that they visit.
Credit card payment processing services on ThanksForSupporting are provided by Stripe, Inc. (“Stripe“) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement“). By continuing to operate as a Coordinator on ThanksForSupporting, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition to ThanksForSupporting enabling credit card payment processing services through Stripe, you agree to provide ThanksForSupporting accurate and complete information about you and the Beneficiary, and you authorize ThanksForSupporting to share any such information with Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third-party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third-party credit card processing or third-party payment services.
If a chargeback is filed for a Donation to a Fundraiser on ThanksForSupporting, the cardholder’s financial institution will contact the payment processor for the transaction. The payment processor will then notify ThanksForSupporting of the chargeback. ThanksForSupporting may hold the Donation funds associated with the disputed charge until the financial institution concludes its review of the transaction.
Once the financial institution concludes its review of the disputed charge and notifies ThanksForSupporting through the payment processor, ThanksForSupporting will comply with the decision and will either refund the disputed charge from the Fundraiser funds or disburse the disputed funds to the Coordinator.
If the disputed transaction has already been disbursed to the Coordinator and the Fundraiser is in Perpetual, ThanksForSupporting will hold funds from the Fundraiser’s disbursement(s) to cover the cost of the chargeback. Once notified of the financial institution’s decision, ThanksForSupporting will take appropriate the action as specified above.
By using our Services, you acknowledge that ThanksForSupporting reserves the right to attempt to recover or hold funds from your Fundraiser, or the connected Stripe or bank account associated with your Fundraiser, for reasons including but not limited to: refunds, lost chargebacks, a Beneficiary and/or Coordinator does not act in accordance with ThanksForSupporting’s Terms, or other situations resulting in negative balances.
We may obtain reimbursement of any amounts owed by a Beneficiary to ThanksForSupporting by holding funds from your Fundraiser, or the connected Stripe or bank account associated with your Fundraiser, or seeking reimbursement from the Coordinator by any other lawful means, including by using third-party collections agencies. You authorize us to use any or all of the foregoing methods to seek reimbursement.
Each User agrees to defend, indemnify and hold harmless ThanksForSupporting, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. ThanksForSupporting may assume the exclusive defense and control of any matter for which Users have agreed to indemnify ThanksForSupporting and each User agrees to assist and cooperate with ThanksForSupporting in the defense or settlement of any such matters.
ThanksForSupporting has no fiduciary duty to any User. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT USER’S OWN RISK.
For Users in a jurisdiction that requires a specific statement regarding waiver and 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 for unknown claims 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.” Each User hereby waives this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
THANKSFORSUPPORTING (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO THANKSFORSUPPORTING FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THANKSFORSUPPORTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow ThanksForSupporting to limit its liability: Notwithstanding any provision of the Terms, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then ThanksForSupporting’s liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, ThanksForSupporting does 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 intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by ThanksForSupporting without restriction or consent.
Termination may result in the forfeiture and destruction of all information associated with any User Account. Users may terminate their User Account by following the instructions on the Services, but ThanksForSupporting may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Users agree that: (a) the Services shall be deemed solely based in Idaho (the principal place of business and corporate headquarters of ThanksForSupporting); and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over ThanksForSupporting, either specific or general, in jurisdictions other than Idaho. This Agreement shall be governed by the laws of the State of Idaho, without respect to its conflict of laws principles.
ThanksForSupporting and Users agree that any and all disputes or claims shall first attempted to be resolved through direct discussions. If disputes cannot be settled through discussions, ThanksForSupporting and Users shall seek to settle the dispute by mediation with a single mediator elected by mutual agreement. If mutual agreement is not attained, such mediation shall be administered by the American Arbitration Association under its Commercial Mediation Rules. If the matter has not been resolved by mediation within thirty (30) days of the commencement of such mediation, then any unresolved issues shall be submitted to binding arbitration administered by the American Arbitration Association; and judgment upon the award rendered may be entered in the Idaho District Court in Ada County or the highest state court having jurisdiction. The arbitration shall be conducted in Boise, Idaho by a single arbitrator. The arbitrator will have no authority to award punitive damages, and shall not make any ruling, finding or award that does not conform to the terms and conditions of this Agreement. All fees and expenses of the arbitration shall be borne by the parties equally. However, each party shall bear the expense of its own counsel, experts, witnesses, and preparation for arbitration. This Section shall be a complete bar and defense to any suit, action or proceeding instituted in any court or administrative tribunal with respect to any controversy or dispute which is arbitrable as set forth herein.
Coordinators and other Users should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. ThanksForSupporting merely provides a technology platform to allow Beneficiaries to connect with Donors. Users who access or use the Platform do so at their own volition and are entirely responsible for compliance with applicable law.
ThanksForSupporting makes no representations, warranties or other assertions as to the potential tax deductible status of any Donation by a Donor to a charitable cause or to a Fundraiser whose purported recipient is a recognized 501(c)(3) or other tax -advantaged organization under the Internal Revenue Code. The listing of an Beneficiary via the Platform does not necessarily mean that the Beneficiary has been deemed— or remains currently deemed—a charitable or tax-advantaged organization by the Internal Revenue Service.
ThanksForSupporting will cooperate with law enforcement authorities as required by law. ThanksForSupporting will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Platform when requested.
Users agree ThanksForSupporting may provide notifications to such User via email, written or hard copy notice, or through conspicuous posting of such notice on our website. Users may opt out of certain means of notification or to receive certain notifications.
ThanksForSupporting is always pleased to hear from Users, and welcome their comments or suggestions. However, products, services, and features developed by ThanksForSupporting or its Users might be similar or even identical to a submission received by ThanksForSupporting or its Users which may include but not be limited to: any submission, comment, suggestion, ideas, products, services and suggested changes made either on the ThanksForSupporting Platform or to ThanksForSupporting about an existing product or service on, or a feature of, or a proposed addition to, the ThanksForSupporting Platform. With regard to User submissions:
These Terms are the entire agreement between each User and ThanksForSupporting regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. ThanksForSupporting’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
ThanksForSupporting may alter the Terms at any time, so please review them frequently. If a material change is made (as determined at ThanksForSupporting’s sole discretion), ThanksForSupporting may notify Users in the Platform, by email, or by means of a notice on the Platform.
Any questions or comments regarding the Terms should be directed to ThanksForSupporting at:
ThanksForSupporting, Inc.
1987 E Comisky Ct.
Meridian, ID 83646
208-914-1248
[email protected]
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