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1. About the Site
The Site is a platform through which certain organizations including public and private schools, districts, booster clubs, parent organizations, education foundations, and other organizations (“Soliciting Organizations”) accept digital payments (“Payments”). Soliciting Organizations are the recipients of the funds and are solely responsible for the appropriate use of funds received based on any intention(s) provided.
2. Ownership of the Site
3. Use of the Site
As a condition of your use of the Site, you agree that:
4. Access to the Site
SuccessFund retains the right, at our sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access, or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
6. Your Conduct
Submitting any content to the Site that:
Using any of the following:
Collecting any of the following:
Engaging in any of the following:
7. Your Privacy
8. Terms of Payment
9. Copyright and Trademarks
The Site contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of the Site are protected by copyright, trademark, and other intellectual property laws of the United States. SuccessFund owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of SuccessFund or the copyright owner is permitted. If downloading, copying, redistribution, retransmission, or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
SuccessFund owns trademarks, registered and unregistered, and "SUCCESSFUND," the SuccessFund logos and variations thereof found on the Site are trademarks owned by SuccessFund, Inc. or its related entities and all use of these marks inures to the benefit of SuccessFund. “SUCCESSFUND” is a trademark registered in the United States of America.
Other marks on the site not owned by SuccessFund may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of SuccessFund unless otherwise stated, or may be the property of their respective owners. You may not use SuccessFund's name, logos, trademarks or brands, or trademarks or brands of others on the Site without SuccessFund's express permission.
10. User Content
The Site may provide registered users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs, video, sound recordings, musical works, and any other content or material submitted or posted to the Site (collectively, "User Content") through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs, or other communication facilities that may be offered on, through, or in connection with the Site from time to time. You may be required to have a SuccessFund account to submit User Content.
In some instances and from time to time, it may be possible to modify or remove the User Content submitted or posted through your account. SuccessFund makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.
Public Nature of Your User Content.
11. Unsolicited Ideas
We do not accept or consider, directly or through any SuccessFund employee or agent, unsolicited ideas of any kind, including, without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans, or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images, or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
12. Infringement Reporting Procedures and Digital Millennium Copyright Act (DMCA) Procedures
13. Limitation of Liability
AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUCCESSFUND, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SOLICITING ORGANIZATIONS, PARTNERS, THIRDPARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
14. Electronic Communications
When you use the Site or send emails to SuccessFund, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.
15. Websites of Others
The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, Products, or services available on or through any such linked site or resource.
You are solely responsible for your interactions with Soliciting Organizations and other users of the Site. To the extent permitted under applicable laws, you hereby release SuccessFund from any and all claims or liability related to any product or service of a Soliciting Organization, regardless of whether such product or service is a Soliciting Organization Offering available through the Site, any action or inaction by a Soliciting Organization, including, without limitation, but not limited to any harm caused to you by action or inaction of a Soliciting Organization, a Soliciting Organization’s failure to comply with applicable law and/or failure to abide by the terms of a Soliciting Organization Offering or any service purchased or obtained by you from the Soliciting Organization, and any conduct, speech or User Content, whether online or offline, of any other thirdparty.
17. Force Majeure
19. Entire Agreement
20. Choice of Law
21. Dispute Resolution/Arbitration Agreement
(b) No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action and that the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator does not have the power to vary these provisions.
(c) Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, which you shall have the right to bring in a court of competent jurisdiction in the county in which you reside, you and SuccessFund agree that any Dispute may only be instituted in a state or federal court in Salt Lake County, Utah; (ii) you and SuccessFund irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (iii) you and SuccessFund agree to waive any right to a trial by jury. You and SuccessFund agree that the Federal Arbitration Act, the AAA rules, applicable federal law, and the laws of the State of Delaware, without regard to principles of conflicts of law, will govern this Dispute Agreement and any Disputes.
(d) Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property, or any illegal or intentional act affecting the accessibility, functionality, or the security of the Site, and/or any illegal or intentional act against your interests or the general business interests of SuccessFund.
(e) Severability. With the exception of Section 24(b) above, if any part of this Section 24 is ruled to be unenforceable, then the balance of this Section 24 shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein. If Section 24(b) above is ruled to be unenforceable, then Section 24(a) shall be deemed unenforceable, but the rest of Section 24 shall remain in full effect.
22. Additional Disclosures
You are contracting with SuccessFund, Inc. Correspondence should be directed to: SuccessFund, Inc. firstname.lastname@example.org;
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.