Terms & Conditions
Who We Are
Through a blend of best-in-class financial and nonprofit technology, Seedlr leverages user-generated content to build a community of donors that drive digital charitable giving to nonprofit organizations across in the United States. Seedlr Technologies is headquartered and operated in New York, NY.
Seedlr Foundation is a registered 501(c)(3) nonprofit which operates a donor advised fund to handle donor advised contributions made using the Seedlr website. Its mission is to promote digital charitable giving by endorsing a democratization of philanthropy, encouraging cost-effective charitable solutions and supporting charitable sector analytics for intelligent donation decisions. To further this purpose, the Foundation educates both the donor public and charitable organizations about the benefits of digital philanthropy as solution to the many causes charities support. Seedlr Foundation intends to engage in activities that are reasonably related to or in furtherance of its primary purpose.
Eligibility and Registration
If you choose to create an account with us and become a member, you will be asked to provide an email address and password. We will ask you to provide certain personal information, such as first name, last name, and email address, in creating your user profile. Once created, the user profile will be viewable by the general public. (You may, however, disable this option at any time via your profile settings). You are responsible for all activities occurring under your email address and for keeping your login and password secure. We may refuse to grant you access with a login that (i) impersonates someone else, (ii) may be protected by trademark or proprietary rights law, or (iii) is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. Any attempt to access restricted areas without authorization is prohibited. You agree that if you become aware of any unauthorized use of your password or other security breach, you will notify us immediately by emailing [email protected].
If you create an account with us, we may send a monthly newsletter, system messages pertaining to account information, and other communications to your email. You may opt out of the monthly newsletter at any time by clicking the unsubscribe link on the newsletter email.
This site is intended solely for individuals 13 years of age or older. Any use or access of the site from users under 13 is strictly prohibited. We will terminate the membership of any such users and will work in good faith to remove any content they may have contributed to the Seedlr Website.
Fundraising on Seedlr
Registered Charities and Administrative Access
The Seedlr Website contains pages featuring various charities and other qualifying tax-exempt organizations registered in Seedlr Foundation’s database as pre-approved to receive regrants of donor-advised contributions given to Seedlr Foundation’s donor advised fund (“Registered Charities”). The existence of these pages on the Seedlr Website does not constitute as solicitation of donations; Seedlr does not engage in any solicitation activities on behalf of any Registered Charity. If you are affiliated with one of these charities, you may register to claim Administrative Access to the page featuring your organization by visiting this page for more information www.seedlr.com/nonprofit. Your user account with Administrative Access will allow you to function as the page admin of the Registered Charity, and thereby allowing you to create fundraisers connection with your organization (“Projects of Registered Charities”), update content on the Registered Charity page, and access donation and regrant reports for the charity. Additionally, should a Donor provide us with information related to a matching gift, your information will be shared with third parties for the purpose of processing the matching gift donation.
By claiming Administrative Access for a Registered Charity, you agree that: - You have authority to represent the Registered Charity in completing this registration - You will provide true, accurate, and complete information through the Seedlr Website. - You are solely liable and responsible for all actions taken via your user account. - You are either an employee or volunteer of the Registered Charity, and are not an independent contractor receiving any form of compensation for these fundraising activities conducted on the Seedlr Website. - You do not have authority to act on behalf of, speak for, or obligate Seedlr, or Seedlr Foundation in any manner, except to use authorized Seedlr online tools and materials to raise funds through the Seedlr Website.
As a registered user, you may use the Seedlr Website to fundraise for a cause of your choosing. Your fundraiser may be created to support a Registered Charity, (a “Charity Fundraiser”) and donations are processed by a designated merchant account service. In creating any Fundraiser through our service: - You agree to provide true, accurate, and complete information. - You agree that you are solely liable and responsible for all actions taken under your user account. - You agree that you do not have authority to act on behalf of, speak for, or obligate Seedlr, or Seedlr Foundation in any manner, except to use authorized Seedlr online tools and materials to raise funds through the Seedlr Website.
Children under the age of 13 must have a parent or guardian register in his or her own name and ensure that the child’s participation as a Fundraiser complies with these Terms and is under the parent or guardian’s control and supervision. The parent or guardian shall be solely liable for the child’s actions in relation to fundraising on the Seedlr Website. Children between the ages of 13 and 17 (inclusive) may fundraiser only with the permission of a parent or guardian. If you are between the ages of 13 and 17, by creating a Fundraiser, you acknowledge that you have your parent or guardian’s permission.
Special Rules for Charity Fundraisers
- You agree and acknowledge that if you create a Charity Fundraiser, you are fundraising on the Seedlr Website solely at your own volition as an independent volunteer and that you will not be compensated by any other party for your fundraising activities you conduct on the Seedlr Website.
- You agree to accurately promote any charity events or activities in accordance with these Terms.
- You agree not to sell any goods or services, including raffles or sweepstakes, in exchange for donations in accordance with these Terms. - Limited License and Acceptable Use
Seedlr hereby grants you a limited, non-exclusive license to create fundraisers on the Seedlr Website and to use the photos, videos, graphics, information, other online tools and resources, and related services available on the Seedlr Website (collectively, the “Tools”) solely in accordance with these Term of Use for the purpose of raising contributions for the cause advertised on your fundraising page.
Donating on Seedlr
Tax-Deductible Contributions to Charitable Causes
Donations made on the Seedlr Website in support of Registered Charities, Projects of Registered Charities, or Charity Fundraisers (collectively, “Charitable Causes”) are complete and final charitable gifts to Seedlr Foundation and are not refundable. Seedlr Foundation is a tax-exempt public charity described in Section 501(c)(3) of the Internal Revenue Code which maintains a donor-advised fund. A donor-advised fund (“DAF”) is defined by Congress as a public charity that receives completed gifts from donors while allowing them the privilege of advising on the distribution of their grant to other charities and charitable causes. Normally your donation to a Charitable Cause made through the Seedlr Website goes to and will be receipted by Seedlr Foundation as a donor-advised contribution. Seedlr Foundation makes every effort to honor donor advisements and is authorized to do so for advisements to public charities appearing on the Seedlr Website as Registered Charities. Seedlr and Seedlr Foundation are not liable or responsible for any errors or omissions caused by the designated merchant account service for processing donations. Occasionally, for specific fundraising events, Seedlr will collaborate with other local public charities. In those cases, the event website and other publicity will indicate if contributions will be receipted directly by the local charity, instead of by Seedlr Foundation.
It is Seedlr Foundation’s normal practice to regrant 92.2% less $0.12 per advisement to the qualifying tax-exempt entity and/or cause advised, and to retain 5.0% for platform costs and Seedlr Foundation’s expenses plus 2.65% and $0.12 cents per advisement transaction for credit card processing costs, a total of 7.7% plus $0.12 per advisement. A regrant to the advised charity and/or cause is generally made on the 15th of the month following receipt of the advised contribution in the previous calendar month (e.g, a donation on July 10th would be regranted on August 15th). Seedlr Foundation makes every reasonable effort to respect the wishes of its donors. However, to comply with federal tax laws and Internal Revenue Service regulations, Seedlr Foundation must retain the exclusive authority, discretion, and legal control over all donated funds. In the rare event that the charity you have advised does not satisfy Seedlr Foundation’s criteria or otherwise does not enable or accept payment (reasons for this include issues like: they don’t or cannot accept donations, are not recognized by the IRS as a public charity, or are not in good standing with federal or state regulators, etc.), Seedlr Foundation may select an alternate charity to receive your advised funds. In certain instances, Seedlr Foundation may retain an additional percentage to support the efforts of the charity partner in conducting a giving event. Any additional retained percent would be disclosed for the giving event and on the final checkout page prior to completing your donation. For more information please feel free to contact [email protected].
Charged Back or Refunded Donations
In accordance with IRS regulations, the Seedlr Foundation enforces a strict “No Refunds” policy for contributions made to the donor-advised fund. However, the Foundation recognizes circumstances wherein reversal of transactions are necessary. These include Charge Back and Gross Error transactions.
A Charge Back transaction occurs when the credit card holder files a dispute with their bank stating that either they did not authorize or recognize the transaction on their credit card or bank statement. The Seedlr Foundation staff will provide supporting documentation in an effort to resolve the Charge Back case in favor of the Foundation. However, if the Foundation is unable to resolve such cases and the case is referred to pre-arbitration, the Foundation will accept the Charge Back transaction. Further, the Seedlr Foundation will, under its variance power authority, not regrant any funds to the advised organization that has been charged back. If the Charge Back funds have already been regranted to the advised organization, no attempt will be made to compel the organization to return the funds since the regrant of an advisement is considered complete and unrestricted. However, the Seedlr Foundation will not issue any further regrants of donor-advised funds until it receives additional funds from donors or other sources advised for the organization equal to the amount of the Charge Back.
A Gross Error transaction occurs when then credit cardholder / donor makes a transaction for an amount grossly different than the intended amount. For example, a donor makes a $10,000.00 donation instead of $10.00 donation. A Gross Error transaction DOES NOT include advisements: made to the wrong organization or fundraising page, containing an incorrect name, dedication, or designation, or any other non-financial reason. The Seedlr Foundation retains sole authority to determine the exact criteria of a Gross Error transaction. A Gross Error transaction refund will only be considered if Seedlr Foundation has not yet regranted the funds to the designated organization (see “Tax-Deductible Contributions to Charitable Causes” section for more information on regrants). Once funds are regranted, the donor should contact the advised organization in order to attempt to correct the error.
Credit Card Anti-Laundering Policy
Only the authorized credit card holder may donate on the Seedlr Website. A third party may not use the donor’s card information or enter donations on behalf of the donor. This practice is known as “credit card laundering” and violates Visa and MasterCard usage agreements. Seedlr may report any such abuses to the appropriate authorities. This restriction does not preclude the use of computer terminals or kiosks, with access to the Seedlr Website, for the authorized credit card holder to utilize in order to make a donation.
No Goods and Services in Exchange for Donations to Charitable Causes
Federal law prohibits charities from promising or providing goods and services (e.g., tickets to events or raffles) in exchange for making a donation to a donor advised fund such as Seedlr Foundation. Seedlr Foundation may only accept pure contributions and not part gift and part sale transactions.
Ultimate Responsibility for Donor Expressions of Preference about Use of Funds
The Seedlr Website provides an opportunity for you as a donor to indicate preferences for specific use of the funds you donate in fields provided on the donation form. If you express such a preference, it will be noted in the donation report made available to the applicable Registered Charity Admin(s) and/or Fundraising Page Admin. However, indication of such a preference does not guarantee you that funds will be used in a manner consistent with any such preference, and neither Seedlr nor Seedlr Foundation are responsible for or will be held liable for the ultimate handling of such preferences. You hereby acknowledge that any designation of a donation’s use is merely an expression of preference and does not give rise to any contractual obligations.
Privacy and security of donor information is of vital importance to us. We will not share or sell names of donors without their consent. When you contribute to any cause on the Seedlr Website, you grant us permission to access your donation records at any time and to use the information you provide to process your donation. Unless you indicate at the time of making your donation that you would like to remain anonymous, we or Seedlr Foundation will make available to the Registered Charity and/or Fundraiser online reports identifying, where available, your name, address, email, and transaction accounting details. If you are a Registered Charity Admin or Fundraising Page Admin, donor information will be shared with you via a report accessible on your Registered Charity Page or Fundraising Page on the Seedlr Website. If applicable, donor information will also be shared with organizations administering giving events in which the donor participates.
Seedlr Foundation Reporting
If you receive a regrant of funds from Seedlr Foundation, then you may request in writing a report from Seedlr Foundation of aggregate contributions received over the course of the calendar year within 10 business days after Seedlr Foundation receives the request.
Conduct and Content on Seedlr
Website Content and Intellectual Property
The intellectual property rights, including but not limited to copyright, trademark, patent, trade dress, derivative works, moral rights, trade secrets, and proprietary information in all content that appears on the Seedlr Website and all Tools, and that is used by Seedlr or the Foundation in conjunction with the services they are providing (other than User Content as defined in Section 15 below), including but not limited to, information, text, data, photographs, audio, video, images, graphics, documents, logos, and other content, associated technology and software, and the look and feel of the Seedlr Website (collectively, “Website Content”), are owned by Seedlr or its licensors. Except as expressly permitted in these Terms, you agree not to copy, alter, frame, distribute, publish, sell, prepare derivative works based on, or commercially exploit the Tools and/or any Website Content, without express written permission from Seedlr or its licensors.
USE OF LOGOS
Unless (1) you have an appropriate license directly from the Registered Charity you cannot use the Featured Charity’s logos or stylized versions of its name (“Logos”) in your Fundraising Page, any other advertising in raising funds for the Featured Charity, and/or with any products or services. However, you may refer to the Registered Charity’s name solely in a generic “fair use” manner without using any of its Logos, or other trademarks.
Seedlr grants you a limited, non-exclusive, royalty-free license to use the trademark “Seedlr®” solely on your Fundraising Page for purposes of raising funds for your Featured Charity through the Seedlr Website. Seedlr reserves the right to monitor your use of its trademark “Seedlr®” and to require that you use it in conjunction with its quality control criteria or standards. Seedlr reserves the right to refuse or revoke permission to use the “Seedlr®” trademark any time, including in the event that you violate these Terms and/or engage in any activities which, in Seedlr’s sole discretion, may result in (a) physical or other harm to any person or entity, (b) violation of any third party rights, (c) violation of any law, regulation, or ordinance, (d) damage or tarnishing of Seedlr’s reputation or goodwill, and/or (e) jeopardy to Seedlr’s tax-exempt status. You may not incorporate any Seedlr or Seedlr Foundation trademark within any trademark, trade name, or domain name created by you.
REGISTERED CHARITY CONTENT
The Seedlr Website allows you to upload, post, and/or share information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents, and other content (collectively, “Registered Charity Content”). Seedlr permits you to use the Seedlr Website, the Tools, and the services provided by Seedlr and by Seedlr Foundation subject to your acknowledging and agreeing to the following conditions:
- In creating and maintaining a Fundraising Page on the Website, you grant a limited, non-exclusive, royalty-free license to Seedlr and Seedlr Foundation to display the Registered Charity Content that you upload on the Fundraising Page for the exclusive purpose of promoting you and soliciting donor-advised contributions to Seedlr Foundation’s DAF on the Website. You further grant to Seedlr and Seedlr Foundation the right to sublicense the Registered Charity Content to volunteer fundraisers solely for the limited purpose of using the Registered Charity Content to highlight the Registered Charity on the Fundraising Page, including the right to access, display, view, store, and/or download the Registered Charity Content, and post or forward the Registered Charity Content to others. You represent and warrant that you have the necessary rights to grant the foregoing permissions to Seedlr and Seedlr Foundation. The foregoing license does not provide Seedlr or Seedlr Foundation any rights to sell or license any Registered Charity Content therein to any other third parties, use the Registered Charity Content for any other media, and/or use the Registered Charity Content for advertising and promotion of Seedlr or Seedlr Foundation.
- Registered Charity Content posted by you and other users of the Seedlr Website does not necessarily reflect the views of Seedlr or Seedlr Foundation.
- Seedlr may, but is not obligated to, remove with or without prior notice to you any Registered Charity Content that it determines in its sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, unlawful, obscene, infringing or in violation of any Party’s intellectual property or other proprietary rights, or in violation of this Agreement. Seedlr’s failure to block or remove any Registered Charity Content, however, is not a warranty, endorsement, representation, or guarantee regarding such Registered Charity Content.
- The posting of Registered Charity Content on a Fundraising Page is solely the responsibility of each Registered Charity’s Administrator and/or Volunteer Fundraiser. Neither Seedlr nor Seedlr Foundation assume responsibility for the accuracy of any information, ideas or opinions posted by you or other users of the Seedlr Website and is not liable for any claims, damages or losses resulting from such information, ideas, or opinions.
- You have sole responsibility for your Registered Charity Content and the consequences of posting Registered Charity Content to the Seedlr Website.
- You agree that the Registered Charity Content will accurately describe that contributions made via the Seedlr Website, although donor-advised for the benefit of a specified qualifying charitable organization, are given to Seedlr Foundation as completed gifts.
- You represent and warrant that your Registered Charity Content does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any third party.
REGISTERED CHARITY LICENSE TO SEEDLR AND SEEDLR FOUNDATION
In creating and maintaining a Fundraising Page on the Seedlr Website, you agree to grant for up to 45 days following termination a limited, non-exclusive, royalty-free license to Seedlr and Seedlr Foundation to display the trademarks, trade names, and logos (“Registered Charity Trademarks”) that you upload on the Fundraising Page for the exclusive purpose of highlighting your work and soliciting donor-advised contributions to Seedlr Foundation’s DAF on the Website. You further grant to Seedlr and Seedlr Foundation the right to sublicense the Registered Charity Trademarks to Volunteer Fundraisers solely for the limited purpose of highlighting the Registered Charity on the Fundraising Page. Seedlr and Seedlr Foundation acknowledge your ownership of the Registered Charity Trademarks, and all use of the Registered Charity Trademarks by Seedlr and Seedlr Foundation inures to your benefit. Seedlr and Seedlr Foundation may not incorporate any Registered Charity Trademarks within any trademark, trade name, or domain name created by Seedlr or Seedlr Foundation.
SEEDLR’S LICENSE TO YOU
Seedlr grants you a limited, non-exclusive, royalty-free license to display the trademark Seedlr ® and the Seedlr Logo® (the “Seedlr Trademarks”) solely on your Fundraising Page for purposes of raising funds through the Seedlr Website. You acknowledge the ownership of the Seedlr Trademarks by Seedlr, and all use of the Seedlr Trademarks by you inures to the benefit of Seedlr. You may not incorporate any Seedlr Trademark within any trademark, trade name, or domain name created by you.
SEEDLR FOUNDATION’S LICENSE TO YOU
Seedlr Foundation grants you a limited, non-exclusive, royalty-free license to display the trademark Seedlr Foundation™ (the “Seedlr Foundation Trademark”) solely on your Fundraising Page for purposes of raising funds through the Seedlr Website. You acknowledge the ownership of the Seedlr Foundation Trademark by Seedlr Foundation, and all use of the Seedlr Foundation Trademark by you inures to the benefit of Seedlr Foundation. You may not incorporate any Seedlr Foundation Trademark within any trademark, trade name, or domain name created by you.
Appropriate User Conduct
The services you are receiving from Seedlr (and the collaborative charitable services you may receive from the Seedlr Foundation) are provided for personal use to promote grassroots generosity and philanthropic charity. No one may use these services or the Seedlr Website for any commercial purpose, or for any other purpose without our prior written consent.
You may not use the services provided by Seedlr and the Foundation or the Seedlr Website for any illegal or unauthorized purpose. While using the Seedlr Website, you must comply with all applicable domestic and international laws, statutes, ordinances, and regulations.
Appropriate User Content
The Seedlr Website may allow you and other users to upload, post, and/or share information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents, and other content (collectively, “User Content”). Seedlr permits you to use the Seedlr Website, the Tools, and the services provided by Seedlr and by the Foundation subject to your acknowledging and agreeing to the following conditions:
User Content posted by yourself and other users of the Seedlr Website does not necessarily reflect our views.
We will seek to remove or edit, with or without notice to you, any User Content that we deem to be unlawful, obscene, or in violation of these Terms. We may, but are not obligated to, remove any other User Content that we determine in our sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, or infringe or violate any party’s intellectual property or other proprietary rights. Our failure to block or remove any User Content, however, is not a warranty, endorsement, representation, or guarantee regarding such User Content.
The posting of User Content on the Fundraising Page is solely the responsibility of each Fundraiser. Seedlr does not assume responsibility for the accuracy of any information, ideas or opinions posted by users and is not liable for any claims, damages or losses resulting from such information, ideas, or opinions.
You have sole responsibility for your User Content and the consequences of posting User Content to the Seedlr Website. You bear sole responsibility for the consequences of posting User Content.
You agree that the User Content will accurately describe the collection and intended use of contributions made via the Seedlr Website.
You represent and warrant that your User Content does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any third party, including but not limited to that of Registered Charities on the Seedlr Website
You agree not to:
- advertise or sell any goods or service. This includes your agreeing not to upload to, post, share, or otherwise publish through the Seedlr Website any content that is commercial in nature, including but not limited to promotional material, advertising, or solicitation for goods or services (other than materials that directly further your charitable fundraising);
- operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise;
- upload, post or distribute any User Content which, in Seedlr’s sole determination, is false, indecent, defamatory, disparaging to the reputation of any individual or business, obscene, offensive, threatening, profane, harmful to minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, violent, tasteless, denigrating, insensitive, pornographic or sexually oriented, or otherwise objectionable, or would constitute or encourage a criminal offense or other illegal activity, and/or violate the rights of any party or any law;
You agree not to engage in any conduct that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or offensive descriptions of sexual matters;
- encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
- violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonates any person, business or entity, including Seedlr, Seedlr Foundation, or its employees and agents;
- violates these Terms or any other policy posted on the Seedlr Website; or
- interferes with others’ use of the Seedlr Website or the services provided by Seedlr and the Foundation.
By posting, uploading or otherwise sharing your User Content on the Seedlt Website, you:
- grant to Seedlr and Seedlr Foundation a perpetual, non-exclusive, royalty-free, license to use the User Content for all purposes in furtherance of its purpose and mission, including but not limited to: displaying on the Seedlr Website, sublicensing to a Featured Charity, creating derivative works based on the User Content, and/or other uses for promoting a Featured Charity;
- permit, but not require, Seedlr to identify you as the provider of such User Content;
- represent and warrant that you have all necessary rights to grant the foregoing permissions; and
- grant to Seedlr and Seedlr Foundation and other users of the Seedlr Website the right to access, display, view, store, and/or download such User Content, and post or forward such User Content to others.
You agree that Seedlr and Seedlr Foundation have no liability or responsibility for the storage or deletion of any User Content that you submit or post, or emails you send through the Seedlr Website.
You also agree not to upload, distribute, or otherwise publish any User Content to or through the Seedlr Website that:
- contain any virus, spyware, worm, Trojan horse, or other computer malware, or post any other materials that may damage the operation of a computer;
- uses any means, including spiders, robots, crawlers, data mining tools, or the like to scrape or download data from the Seedlr Website;
- constitute or contain affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement, or the like;
- promote or forward surveys, contests, raffles, lotteries, pyramid schemes or chain letters or the like;
- contain any private, personally identifiable, financial, confidential, or proprietary information of another individual or entity without their written express permission.
Copyright Infringement Under the Digital Millennium Copyright Act (“DMCA”)
In accordance with the United States Digital Millennium Copyright Act (“DMCA”) and the Online Copyright Infringement Liability Limitation Act (“OCILL”), 17 U.S.C. §§101, 512, Seedlr hereby serves the following DMCA/OCILL Notice to users of the services provided by Seedlr and by the Foundation or Seedlr Website that: - Seedlr has designated an agent to receive notices from copyright owners about alleged infringements by users of the Seedlr Website and send notices to the Seedlr Website users who post or send allegedly infringing material; - Seedlr has registered the Seedlr Website with the U.S. Copyright Office as an online service provider, including the name and address of the designated agent; - Seedlr has adopted a policy of terminating access to the Seedlr Website by users who are repeat copyright infringers; - Seedlr accommodates and does not interfere with standard technical measures used by copyright owners to identify and protect copyrighted works, including but not limited to, digital watermarking; - Upon receiving proper notification of an alleged infringement by a Seedlr Website user, Seedlr shall expeditiously take down or block access to the copyrighted material.
Additional Legal Provisions
Disclaimer of Warranties
The Seedlr Website and Tools are provided to you “as is” without warranty of any kind. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of any Website Content or Tools, or other information or materials displayed on the Seedlr Website. We also expressly disclaim to the fullest extent permitted by law any and all responsibility and liability for the conduct of any charity, any other Volunteer Fundraiser, and any donor. Seedlr hereby disclaims all warranties either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement; and other warranties. Seedlr is not engaged in the provision of legal, tax, or other professional advice or services. If you are in need of such services, you should contact the appropriate licensed and qualified professional.
YOU AGREE THAT NEITHER SEEDLR, SEEDLR FOUNDATION, NOR ANY OF THEIR AFFILIATES WILL BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO: THE SEEDLR WEBSITE OR THE SERVICES PROVIDED BY SEEDLR AND BY THE FOUNDATION (AND YOUR USE OF, OR INABILITY TO USE, THE SEEDLR WEBSITE OR SERVICES). ANY CLAIMS ARISING FROM THE SEEDLR WEBSITE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE ON WHICH LIABILITY AROSE.
Hold Harmless and Indemnity
Your use of the services provided by Seedlr and by the Foundation is entirely at your own risk. You will hold harmless and indemnify us from and against any third-party claim arising from or in any way related to your use of the services provided by Seedlr or by the Foundation, or the Seedlr Website, including without limitation any liability or expense arising from any claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
Links to Other Websites and Content
We may include links to third-party websites or services, and may link you automatically to sponsor or third-party websites or services. These links do not mean that we review or endorse these third-party sites or services. We provide such links when we believe such links may be helpful, but we do not monitor or accept any responsibility for such sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate, so you proceed to these links at your risk and responsibility. You acknowledge that we are not responsible or liable for any content, advertising, products, services, or other materials on these third-party sites. Any dealings that you have with advertisers or other third-parties who may be found on or linked from the Seedlr Website are between you and the advertiser, for which you assume full responsibility and you acknowledge that we are not liable for any loss or claim you may have against an advertiser.
Seedlr may provide you with notices regarding the services provided by Seedlr and by the Foundation, the Seedlr Website, or these Terms by regular mail, email, or postings to the Seedlr Website.
The Seedlr Website is controlled and operated from within the United States. Seedlr makes no representation that the Seedlr Website is appropriate or available in locations outside the United States. Those who choose to access the Seedlr Website from other locations are responsible for compliance with applicable laws. International users must comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.
Term and Termination
Consequences of Termination for Registered Charities
These Terms constitute the entire agreement between the parties with respect to all of the matters herein and supersedes all other agreements, understandings, and discussions of the parties. If any provision of these Terms shall be held to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these terms and conditions shall continue in full force and effect. No waiver or forbearance to seek a remedy by any party of any breach by any other party of any of its covenants, obligations and agreements hereunder shall be a waiver of any subsequent breach of any other covenant, obligation or agreement. You may not assign, sublicense or otherwise transfer any right or obligation set forth herein without Seedlr’s prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect. These terms and conditions are binding upon the parties’ respective successors and permitted assigns. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise. The Parties shall act as independent contractors, and nothing contained in these Terms shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as agents, partners, joint ventures, co-owners, employer/employee franchisor/franchisee, or otherwise as participants in a joint or common undertaking, or (iii) allow either party to create or assume any obligation on behalf of the other party for any purposes whatsoever. These Terms shall be governed by the laws of the State of New York without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the Seedlr Website shall be litigated or otherwise heard in the state or federal courts located in the State of New York and the parties hereto hereby consent to the exclusive jurisdiction of such courts. Seedlr may assign any of its rights or obligations under these Terms to another party without notice or consent for any reason.