Terms of Service

Overview

Welcome to Givefinity, the online community where users can make requests, discover the needs of other people or groups, and support them directly. The Givefinity website www.Givefinity.com (the “Site” herein) is a service provided by Trulight Holdings, LLC. Through the Site, you can make requests and explain to others your particular needs, follow groups and people to discover their needs and give directly to people or groups that you can help. Our Terms of Service will help you understand the service and prescribe the terms that will help maintain this community as a helpful and productive place. Please read and understand these terms, as they govern your use of our service. By logging in, using, visiting, posting, and/or browsing the Site, you hereby agree to be bound by these Terms of Service.

These Terms of Service, along with our Privacy Policy, are a resource to provide a deeper understanding of your obligations and rights with respect to your use of the Site, including how we may use any information and data we collect from you. We may modify these Terms of Service from time to time as we deem appropriate, so you hereby agree with continued usage to check back frequently to confirm the terms upon which you may use our service. We will notify you of any modifications to these Terms by posting them on the Service. You hereby agree that by logging in and using the Site, after the effective date of the updated Terms, you agree to be bound by the updated Terms.

The terms “Company”, “we”, “us” “our” and similar terms refer to Trulight Holdings, LLC. The term “Community” refers to the registered and unregistered users of the Site. The terms “you,” “your,” “User” and similar terms refer to end users within the Community. The terms “Givefinity”, “Site” or “Service” refer to the Givefinity online community and the Site as provided to you and other users. “Terms” or “Agreement” refers to these Terms of Service, as may be amended by us at anytime. Other capitalized terms may be defined below.

Acceptance of Terms of Service

These Terms, which include our Privacy Policy, are a binding legal agreement and govern your use of the Site, including all features and functionalities, applications, updates, notifications, platform and our user interfaces, and all content and software associated therewith. By logging in, using, visiting, and/or browsing the Site, you accept and agree to be bound by these Terms as amended from time to time. If you do not agree to these Terms, you are not authorized to use, and you should not use, the Site. If you become dissatisfied with the Site or these Terms, including any modifications we may make as set forth below, your remedy is to immediately stop use of the Site.

Children’s Privacy

We are committed to protecting the privacy of children. This Site is not intended or directed to children under the age of 14. By logging in and using the Site, you warrant that you are at least 14 years old.

Givefinity Platform and Community

The Site provides a community where users can request items of need and, follow and support the needs of others. The Company provides the Site to facilitate the Community interactions, and we do not offer or provide any items. Users may elect to use the third-party payment services provided through the Site to facilitate the transfer of funds, but beyond making these third-party payment services available and connecting users with each other, Givefinity does not participate in the transactions between users. If you identify a person or group and want to meet their identified need, Givefinity will facilitate a connection to allow you to support the other user directly. Givefinity may make available through the Site third-party payment services, such as the payment services offered by Stripe. Users may elect to accept money using the third-party payment services and/or use the third-party payment services to make payments. However, Givefinity is not a bank, money services business, or a payment processor. All payments are processed through a third-party payment services provider. Your relationship with Givefinity is separate from your relationship with the third-party payment services providers and the receipt or payment of any funds shall be governed by the terms of services of the payment services provider. All donations or other transactions shall be between Users and Givefinity will not be a party to any contract involving such transaction. WE DO NOT CONTROL, MONITOR, VERIFY OR ENDORSE ANY CONTENT, REQUESTS, OR INFORMATION POSTED BY ANY USER, AND WE DO NOT VERIFY OR CONFIRM ANY USER’S IDENTITY, AGE, LOCATION OR OTHER INFORMATION REGARDING THE USER. We are not responsible for any User misrepresentation. You are solely responsible for verifying any content, terms or other information posted by another User before supporting the User.

Prohibited Requests

Users are not permitted to make requests to raise funds or accept goods for illegal activities, to cause harm to people or property, to “scam” others, to engage in the unauthorized practice of medicine, or distribute or receive Prohibited Items (as defined herein). Users must comply with all applicable laws and regulations in connection with their use of the Site. Users shall not make any false or misleading statements in connection with making or fulfilling any requests.

Use of the Service

Registration. In order to use the Site as a part of the Community, you must register and provide to us certain basic information such as your name, username, and a valid email address or link your Givefinity account to one of your other social media accounts as designated by us (such as Facebook). If you link your Givefinity account to another social media account, you will be asked to authorize us to access your information on that social media account. Some of this information will be retrieved and saved on our systems, and may include a user token or other persistent identifier. You agree that all information you provide to us will be complete, true and correct and that you will keep it up-to-date. During the registration process, you will choose a username and password for your use of the Site. You will be responsible for securing your username and password and for all use of the Site using your email address, username or password. You agree that you will not disclose, trade or transfer, with or without payment, your username or password for any reason. You agree to notify Givefinity promptly of any unauthorized use or disclosure of your username or password. Persons may have no more than one (1) User account. We reserve the right to suspend, cancel or refuse use of the Site by any User in our discretion.

You agree that we will have the right to suspend or terminate your account and use of the Site if we believe any information you have provided during the registration process is inaccurate or incorrect.

User Obligations. Your use of the Site shall be solely for your use. You will not attempt to circumnavigate or violate any security features of the Site, including accessing any Site features, interactive areas, information or profiles for which you do not have permission or other content or information not intended for you. You are not permitted to harvest, gather or collect, through automated means or otherwise, the personal and/or contact information of other Users.

All Users are responsible for their own use of the Site. As part of your use of the Site, you agree that you will not:

  • Interfere with, or attempt to interfere with, the normal operations of the Site or any other User’s use of the Site, including by deleting, altering or blocking another user’s postings, deliberately providing false information, overloading, flooding, spamming or crashing the Site or its underlying systems or by altering any profile or other information provided by any User;
  • Post, share, link to or submit any content or material that is libelous, defamatory, invasive of privacy or publicity rights, vulgar, profane, indecent, obscene, sexually explicit or exploitative;
  • Post, share, link to or submit any content or material that is the protected health information of another as that term is defined by the Health Insurance Portability and Accountability Act;
  • Use the Site to harass, bully, threaten, humiliate, stalk or otherwise intimidate any other User, member of the Community or any third party;
  • Post, share, link to or submit any content or material that constitutes hate speech, promotes violence against any group or person or is otherwise objectionable;
  • Post, share, link to or submit any content or material that is fraudulent, false, misleading or deceptive.
  • Use the Site for illegal file sharing or post, upload, distribute or share any User Content or other content that infringes the intellectual or other proprietary rights of any third party;
  • Use the Site to buy, trade or sell any Prohibited Items;
  • Impersonate or falsely suggest or claim an affiliation with any other person or entity;
  • Create, share, link to, upload or otherwise use the Site to support unwanted email or other communications (“Spam”) to any other User or third party or otherwise to post or transmit advertising or promotional materials or solicitations or to establish or develop any fraudulent business practice, including pyramid schemes or chain letters;
  • Seek to monetize the Site;
  • Solicit, collect, distribute, publish or use the login credentials of any other User;
  • You may not use any page-scraper, spider, robot or other automatic device or methodology to access, acquire, copy or monitor any user information or content provided on or through the Service (other than as may be the result of standard search engine protocols or technologies).
  • Post, link to, share, create or make available any sensitive information, explicit or degrading images, video or audio or documents of any third party, including other members of the Community;
  • Collect, store or analyze information about other Users, except as authorized by such User;
  • Provide support or resources or conceal or disguise the nature, location, source or ownership of support or resources to any organization designated by the U.S. government as a foreign terrorist organization;
  • Expose the Company or Community to any civil or criminal liability; or
  • Violate any applicable law or encourages conduct that would constitute a criminal offense.

Each User is responsible for the content that such User uploads, shares, posts, links to or otherwise makes available via the Site (“User Content”). You represent and warrant that you own or have sufficient rights, permissions and licenses in and to all User Content, including without limitation, all photographs, images, video, audio or written materials. You hereby grant to us a perpetual, irrevocable, royalty-free, non-exclusive, worldwide right and license to use, reproduce, modify, distribute, perform, display, transmit and create derivative works of your User Content as necessary for provision of the Site and in connection with the promotion of the Site. We reserve the right, but not obligation, to review or monitor any User Content or use of the Site and may remove or restrict access to any User Content or to delete or block any posts we deem to be inappropriate, in violation of these Terms or applicable law. We cannot and do not guarantee that you, as a User, will not be exposed to content, material or postings you find objectionable or offensive and you waive any right to damages relating to such content. If we believe any User Content is in violation of any applicable law, we reserve the right to report such User Content and information regarding the User to the appropriate legal authorities. You understand and agree that we cannot control how other Users in the Community may use the Site and release us from all liability arising from any other User’s acts.

“Prohibited Items” include regulated items, including alcohol, pharmaceuticals, tobacco and cigarette supplies; any material or item that infringes the copyright, privacy, publicity or other rights of a third party; counterfeit or fraudulent items; regulated and prescription only medical devices, controlled substances, illegal drugs or other drug paraphernalia; stocks or other securities; stolen items; firearms or other weapons; fireworks; hazardous materials or chemicals; items not permitted to be resold; any materials or items that are intended to promote or used in the commission of any criminal act, any hate crime or violence, any other item, service or material that violates applicable law, rule or regulation. We reserve the right to update and add items to this list at any time in our sole discretion.

User Transactions. In supporting another User, you may obtain personal information about the User that is not otherwise publicly available. You agree to use such information solely for the purposes of completing the transaction and agreed upon support and you will not use the information for any other purpose without the consent of the other party. You may also decide to arrange an in-person meeting with a User in order to complete a transaction. You are solely responsible for your interactions with other Users, whether on the Site or otherwise. You are responsible for ensuring the safety of any such meeting and acknowledge and agree that the Company does not screen, sponsor or endorse any User, notwithstanding that we may facilitate the interaction between Users. You should use caution and your own personal judgment in deciding whether to meet another User offline and the location, time and other specifics of any such meeting. You agree to adhere to the terms of any support or transaction you enter into with a User, including without limitation, paying for items you agree to purchase, donating money or other goods and delivering items. We allow Users to set up groups within the Community based on shared interests or location. You agree that you will adhere to the requirements of any such group and acknowledge that these groups are User-generated and the Company does not confirm or control such groups. If You elect to receive or make payment utilizing the third-party payment services provider available through the Site, you agree that you will adhere to the payment services provider’s terms of service.

Donations to Charities or Other Nonprofits. Users may use the third-party payment services available through the Site to facilitate financial contributions to a non-profit or other charitable organization. You acknowledge that these payment services are not being provided by the Company and that all payment processing is being done by the third-party payment provider. By using the Site, including without limitation, the third-party payment services available through the Site, to facilitate a contribution to a non-profit or other charitable organization, you understand that your contribution is being made to such organization and that the Company will not have access to or control of your funds. Deduction of charitable and other nonprofit contributions is governed by Internal Revenue Service rules. You and the organization to which you are contributing are entirely responsible for compliance with all laws and legal obligations regarding charitable/nonprofit donations, receipts or other rules on such transfers. The Company makes no representations as to your legal rights or obligations. The Company does not provide legal advice and you should not rely on it for such advice. We recommend you consult with legal counsel and account or other tax advisor if you have any questions regarding your contributions.

The Company has not performed any independent analysis to confirm the Section 501(c)(3) or 501(c)(4) or other legal status, or of the truthfulness of any other representations or statements of any party seeking funds listed on the Site. In the event that your contribution is not used by a recipient as represented, or otherwise pursuant to your understanding or expectations, you understand that your remedies lie with the other User and may not be pursued or obtained from the Company.]

Medical Information

Users may not post, upload, transmit or share the protected health information of others and are advised to use caution when providing such information about the User. The Site is not intended to be a venue for seeking or receiving medical advice or diagnosis. Do not use the Site as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.

Privacy

Any information submitted through the Service is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of the policy. We may use your personal information as described in the Privacy Policy.

Intellectual Property

Ownership. As between You and Givefinity, the Site, including all content, graphics, audio, video, pictures, trademarks, service marks, logos and other material on the Site, and its underlying software (the “Software”), algorithms, databases, look and feel and arrangement, are the intellectual property of Givefinity. The trademark GIVEFINITY, any taglines used on the site, and our logo (the “Givefinity Marks”) are the trademarks of Company. All rights in and to the Site, the Givefinity Marks and the Software not expressly granted herein are reserved by us. We grant you, and you accept, a non-exclusive, non-transferable, revocable license to use the Site and the Software solely for your personal use of the Site and in accordance with these Terms.

Restrictions. You may not copy, republish, mirror, transmit, perform, sell or distribute any part of the Site or Software for any commercial or other purpose or other than as expressly permitted herein. You may not alter, modify or create derivative works of the Site or Software and shall not access or attempt to access, reverse engineer, decompile or otherwise discover the source code of the Software. You will not use or access the Site in order to develop any competing product or service or to conduct benchmarking tests.

User Content. The User will retain ownership of all User Content created or posted by such User, subject to the license granted to us herein. By posting your User Content through the Service, you agree that such User Consent may be reposted or published on third party websites.

Copyright Policy

We respect the intellectual property rights of others and we expect our Users to do so. We rely on our Users to comply with copyright laws as they are in the best position to know if the User Content they provide is theirs or if they have the right to post the content.

Company reserves the right to block, disable, or otherwise remove any User Content from the Site, as well as terminate access to the Site if you engage in any copyright or other intellectual property infringement.

If you believe that any User Content or Givefinity content on the site infringe your copyright or trademark rights please contact Givefinity immediately at:

Email: [info@givefinity.com]

To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the work claimed to have been infringed, or, if multiple works at the Site are covered by a single notification, a representative list of such works;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the person signing has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the signing party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Links

Givefinity, by and through the Site, may provide links to third party websites (including advertisers and others). Givefinity does not control these third-party sites and is not responsible for their content or conduct. If you access a third party website from the Site, you do so at your own risk. Givefinity provides links as a convenience and the inclusion of the link does not indicate or imply that Givefinity endorses, represents, warrants, or accepts any responsibility for the content on third-party websites. Additionally, your dealings with or participation in offers or solicitations from third parties found on the Site, including delivery and any other terms (such as warranties, guarantees, etc.) are solely between you and such third parties. You agree that Givefinity shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.

Termination

We may at any time cease to continue operating part, or all, of the Site, or selectively disable certain aspects of the Site. You may cease using the Service at any time; provided that you acknowledge and agree that all User Content posted by you prior to such time may continue to be available on and through the Site. We may terminate your use of the Service if you violate these Terms with or without prior notice to you.

Enhancement and Maintenance of the Service; Changes

We reserve the right to modify and enhance the Site at any time, including by adding new or ancillary functions or services. We may also issue corrections or modifications or upgraded versions of the Site and Software at any time in our discretion. From time to time and with or without notice, the Site may be unavailable so that we may perform ongoing, scheduled or emergency corrections or upgrades; provided, that if practicable, we will use good faith efforts to notify you in advance.

WARRANTY DISCLAIMER

THE SITE AND SOFTWARE IS PROVIDED ON AN “AS IS” WHERE IS” BASIS. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SITE, SOFTWARE OR ITS CONTENT, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSES, AND NON-INFRINGEMENT OF ANY THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ROBUSTNESS, SECURITY OR COMPLETENESS OF THE SITE, THE SOFTWARE OR ITS CONTENT, OR OTHERWISE. WE MAKE NO WARRANTIES OR GUARANTEES REGARDING THE AVAILABILITY OR RELIABILITY OF THE SITE, THAT THE SITE WILL BE ACCESSIBLE AT ANY SPECIFIC TIME OR THAT ANY RESULTS GENERATED BY THE SITE WILL BE ACCURATE OR CORRECT. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE THIRD-PARTY PAYMENT SERVICES PROVIDER AND GIVEFINITY SHALL NOT BE RESPONSIBLE FOR THE ACTS OR OMISSIONS OF THE PAYMENT SERVICES PROVIDER. ALL USE OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USE.

If you are an individual User, we hereby expressly disclaim, and you accept such disclaimer, any liability for any loss or damage to you or any other User arising from your use of the site. If you have a dispute with any other User regarding any User Content, transactions between you and another User relating to donations, transfers or other support through the Site or otherwise regarding the use of the Site, you hereby release Givefinity from any and all liability, claims, demand and damages associated with such User or such transaction.

LIMITATION ON LIABILITY

IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO ANY USER IN CONNECTION WITH USE OF THE SERVICE, EXCEED THE LESSER OF (I) $100 AND (II) THE TOTAL AMOUNT THAT YOU PAID TO US FOR USE OF THE SERVICE, WHETHER SUCH LIABILITY IS BASED IN CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY PUNITIVE, CONSEQUENTIAL, SPECIAL, AND/OR INDIRECT DAMAGES, OR ANY LOSS OF GOOD WILL, PROFITS OR BUSINESS. Any claim or cause of action by you must be brought within one (1) year following the occurrence of the event resulting in such claim or action. These limitations shall apply regardless of whether we knew, should have known or were forewarned of the possibility of such damages, but will not apply to any intentional damage or damage caused by our knowing violation of applicable law.

Some jurisdictions do not allow for limitations of liability or warranty so these may not apply to you.

Indemnification

You hereby agree to indemnify, defend and hold Givefinity and its affiliates and each of their owners, members, directors, officers, managers, employees, independent contractors, subcontractors, agents and representative (“Indemnified Parties”) harmless from any claim, cause of action, proceeding, liability, taxes, damages, loss, attorney fees, cost and expenses arising from or related to (i) your breach of these Terms and/or (ii) your use of the Site, including any User Content you may submit or post on the Site or your failure to satisfy your obligations in any transaction.

Miscellaneous Provisions

Assignment. You may not assign your rights hereunder. We can assign our rights hereunder at any time without restriction.

Governing Law. To the extent permitted by law, these Terms, your use of the Site are governed by North Carolina law, without giving effect to its conflict of law provisions.

Entire Agreement. These Terms together with our Privacy Policy and any other legal notices or policies published by us through the Site, constitute the entire agreement between you and Givefinity concerning your use of the Service. Any modification of these Terms or an Order Form must be in a writing executed by a duly authorized officer of Company.

Notices. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Arbitration Provisions

ANY CONTROVERSY OR DISPUTE BETWEEN COMPANY AND YOU ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE AND/OR YOUR USE OF THE SERVICE THAT CANNOT BE SETTLED BY MUTUAL AGREEMENT SHALL BE EXCLUSIVELY AND FINALLY SETTLED BY ARBITRATION. THE ARBITRATION SHALL BE BEFORE THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”), IN RALEIGH, NC, AND SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NORTH CAROLINA.

ALL NOTICES AND REQUESTS FOR ARBITRATION SHALL BE MADE IN COMPLIANCE WITH THE COMMERCIAL ARBITRATION RULES SET FORTH BY THE AAA. IN THE EVENT THAT ANY PARTY TO THIS AGREEMENT DESIRES TO SEEK ARBITRATION, IN ADDITION TO COMPLIANCE WITH THE RULES SET FORTH BY THE AAA, THE PARTY REQUESTING ARBITRATION SHALL GIVE WRITTEN NOTICE TO THE OTHER PARTY AT LEAST TEN (10) DAYS PRIOR TO FILING ITS REQUEST WITH THE AAA. THIS NOTICE SHALL SET FORTH THE NATURE OF THE DISPUTE, THE AMOUNT INVOLVED (IF ANY), AND THE REMEDY SOUGHT.

YOU AND WE AGREE THAT ANY CLAIM SHALL BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, THEREBY WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION RELATING IN ANY WAY TO A DISPUTE.

THE PARTIES UNDERSTAND THAT ARBITRATION IS FINAL AND BINDING ON THE PARTIES. THE PARTIES FURTHER UNDERSTAND THAT BY SIGNING THIS AGREEMENT THEY ARE WAIVING THEIR RIGHT TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO A JURY TRIAL. NOTWITHSTANDING THIS PROVISION, THE PARTIES AGREE THAT COMPANY MAY SEEK IMMEDIATE INJUNCTIVE RELIEF IN ANY COURT HAVING JURISDICTION OVER THE SUBJECT MATTER OR PERSONS FOR WHICH RELIEF IS SOUGHT. JUDGMENT ON ANY AWARD RENDERED BY THE ARBITRATOR(S) MUST BE ENTERED AND CONFIRMED EXCLUSIVELY IN ANY COURT HAVING JURISDICTION.

ALL AWARDS SHALL BE MADE IN CONFORMITY WITH THE AAA RULES AND THE PARTIES UNDERSTAND THAT THE ARBITRATOR(S) MAY AWARD MONETARY DAMAGES AND ARE AUTHORIZED TO GRANT PRE-AWARD AND POST-AWARD INTEREST AT COMMERCIAL RATES ON ANY MONETARY AWARD. ANY SUCH AWARDS SHALL BE SUBJECT THE LIMITATION OF LIABILITIES SET FORTH HEREIN.

IF YOU DO NOT AGREE TO THESE ARBITRATION TERMS, YOU MAY OPT-OUT OF SUCH ARBITRATION, BY SENDING A DETAILED OPT-OUT NOTICE TO THE COMPANY CONTACT@GIVEFINITY.COM SUCH NOTICE MUST BE RECEIVED WITHIN THIRTY (30) DAYS OF YOUR INITIAL USE OF THE SERVICE. YOUR NOTICE MUST INCLUDE YOUR NAME, YOUR USER NAME AND ACCOUNT, YOUR ADDRESS, TELEPHONE NUMBER AND EMAIL ADDRESS ASSOCIATED WITH YOUR GIVEFINITY ACCOUNT.

You consent and submit to the sole jurisdiction and venue of the state or federal courts of the state of North Carolina.

Attorneys Fees. We shall be entitled to our reasonable costs and expenses (including reasonable attorneys’ fees) incurred in connection with the enforcement of these Terms of Service against you.

How to contact us

If you have any questions regarding these Terms of Service, you may contact us at [info@givefinity.com].