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Please read the following Terms of Use (“Terms”) carefully. They govern your use of the FeelingBlessed website and mobile applications (collectively, the “Site”) of FeelingBlessed. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY FEELINGBLESSED SERVICE OFFERED THROUGH THE SITE.
ABOUT Feeling Blessed
The FeelingBlessed website, web application, and mobile applications are products of FeelingBlessed. The FeelingBlessed software and other technologies have been designed, architected and developed by Fast Apps. FeelingBlessed provides services for not-for-profit organizations, such as religious organizations, charitable organizations, not for profit events, fundraisers, and political events, (each, a “Donee”)—to receive payments made by users of the Site (each, a “Donor”). Pursuant to this Agreement, Donee appoints FeelingBlessed as its agent for receipt of payments from Donor (each a “Payment”). Donee represents that it has authorization to receive Payments from Donor and that Payments receive by Donee hereunder are only pursuant to that authorization.
FeelingBlessed is not an agent of Donor in receiving Payments. FeelingBlessed is not a bank, money transmitter, or other money services business, as defined by the Bank Secrecy Act or state banking law. The relationship of FeelingBlessed to each Donee shall also be governed pursuant to the rules and regulations of each respective donor’s credit card (Mastercard, Visa, Discover, etc.) where FeelingBlessed is a payment facilitator or payment connect and the Donee is a merchant.(collectively, the “Rules”). No Payments will occur hereunder to any Donee that is not a party to this Agreement.
License and User Conduct
FeelingBlessed grants you a limited license to access and make personal use of this Site. However, you may not download or modify the Site, or any portion of the Site, except with express written consent of FeelingBlessed. This Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FeelingBlessed. Any unauthorized use of the Site shall automatically terminate the license granted to you by FeelingBlessed for such use. You are required to abide by all applicable international, federal, state and local laws and regulations in your use of this Site. FeelingBlessed may terminate your use of the Site in FeelingBlessed’s sole discretion for any reason. If you are under eighteen (18) years of age, you may not use the Site.
Copyrights and Trademarks
Except as otherwise noted on this Site, all information, documentation, and other content posted on this Site are the property of FeelingBlessed, its affiliates, and/or its licensors. The graphics, icons, and overall appearance of this Site are the property of FeelingBlessed. The posting of information, documentation, and other content does not constitute a waiver of any of FeelingBlessed’s, an affiliate’s, and/or a third party licensor’s proprietary rights in such information, documentation, and other content (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The information, documentation, and other content posted on this Site are protected by U.S. and international copyright laws, both as individual works and as collections. You may not delete any copyright or similar notice from any information, documentation, and other content you obtain from this Site. You may not sell, republish, frame in another webpage, or use on another website, any of the information, documentation, and other content, or any portion thereof, posted in or on this Site without the prior written consent of FeelingBlessed. You may view, print, copy, and download portions of the information, documentation, and other content of this Site solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records. FeelingBlessed and its affiliates reserve the right to revoke this authorization at any time.
Registration and Accounts
Only you may use your FeelingBlessed account. You agree to keep your accounts and passwords confidential at all times and not authorize any third party to access or use FeelingBlessed on your behalf, including providing your account information to third-party websites to access your FeelingBlessed account. You are responsible for all activity that takes place within your account. At any time, FeelingBlessed, in its sole discretion, may disable or delete any account registered on the Site for any reason. By registering to the Site, you agree to provide any verification information as required by FeelingBlessed to comply with various United States laws.You agree to be bound by policies of third parties including networks, bank card associations and banks used to process payments. You agree to forever release and hold FeelingBlessed harmless from any cost, damage, or other injury that may arise out of the relationship between you and your financial institution or otherwise out of your agreement with your institution. Some third parties may require a direct agreement with a Donee. If a direct agreement between such third party and a particular Donee is required, FeelingBlessed will make reasonable efforts to facilitate the execution of such agreements between both parties. FeelingBlessed reserves the right to disable or delete a Donee’s account if Donee is unable to enter into a direct agreement with third party, as required by the policy of said third party. If at any time a Donor or Donee wishes to disable their account, they may email support@feelingblessed.org Such accounts will then be disabled within 48 hours of notice. Any pending payments will be processed as per the policy of Stripe. FeelingBlessed reserves the right to retain contact information of such Donors and Donees for its communication purposes.
Links
This Site may contain links to other external sites. The links are provided “as is.” You should be aware that you use them at your own risk. FeelingBlessed does not endorse, and FeelingBlessed is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of this Site. FeelingBlessed is not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service and privacy policies of the respective sites. FeelingBlessed shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such other sites. FeelingBlessed shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.
Prohibited Activities
The following is a partial list of prohibited activities on or through the Site: (1) using a robot, spider, script, automated process, or manual process to “scrape” the Site’s listings or content; (2) taking any action that imposes an unreasonable or disproportionately large load on FeelingBlessed’s hardware or software infrastructure; (3) sending SPAM to FeelingBlessed users or others; (4) attempting to reverse engineer, decompile, disassemble or otherwise obtain the source code to the Site; (5) engaging in or promoting any illegal activities; (6) engaging in any activity that markets another business or attracts FeelingBlessed customers to a third party; (7) submitting Content that is offensive, obscene, harmful to minors, illegal, abusive, threatening, defamatory, or misleading; or (8) using the services if you are or wish to assist a person or entity who is on a Specially Designated National List of the U.S. Department of the Treasury Office of Foreign Asset Control (“OFAC”) or otherwise prohibited from accessing the U.S. financial system. All Donees must be registered 501(c)(3) entities eligible to receive tax deductible charitable contributions.
Donations
Donor Refunds: Donee agrees that FeelingBlessed cannot, in its sole and absolute discretion, offer a refund to a Donor for a Payment in the event that the donor provided it to an incorrect organization, the organization is fraudulent, or in other situations. Donor shall address Stripe, the payment processor, directly and FeelingBlessed shall have no liability in respect of the Payment.
Donor agrees that FeelingBlessed cannot, in its sole and absolute discretion, offer a refund to a Donor for a Payment in the event that the donor provided it to an incorrect organization, the organization is fraudulent, or in other situations. Donor shall address Stripe, the payment processor, directly and FeelingBlessed shall have no liability in respect of the Payment.
Disbursements: Payments received by Donee, through its agent FeelingBlessed, shall be settled to Donees, less applicable Fees by automated clearing house (“ACH”) transaction, pursuant to the rules and regulations of NACHA or by such other means as FeelingBlessed may elect to use.
Payments
Connected Accounts: FeelingBlessed offers payments through Stripe, a third-party payment processor. In order for you to use Stripe's payment processing services, you must register with Stripe as a merchant. You are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement.
Where applicable, Stripe may facilitate money transmission services. By agreeing to these Terms, you agree to be bound by the Stripe Connected Account Agreement and Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of FeelingBlessed enabling payment processing services through Stripe, you agree to provide us with accurate and complete information about you and any applicable non-profits, and you authorize FeelingBlessed to share with Stripe this information and transaction information related to your use of the payment processing services provided by Stripe. FeelingBlessed is not responsible for the performance of Stripe.
Unless otherwise negotiated and approved in writing, FeelingBlessed will collect a monthly "Premium Subscription fee" of up to $50.
Donors: FeelingBlessed will collect a 2.5% "Platform fee" on donations in excess of US $10.00. Platform fee for any qualifying donation is not to exceed US $50. All donations will be subject to Stripe's payment processing fee at the rate agreed upon between the Connected Account and Stripe.
Disclaimer of Warranties
To the extent permitted by applicable law, the site is provided “as is,” without warranty of any kind, either express or implied. FeelingBlessed does not guarantee, represent, or warrant that your use of the site will be uninterrupted, error free, or that the site will meet your requirements. FeelingBlessed agrees to use industry best practices in protecting it's site from external malware. Information obtained through the site has not been verified, and FeelingBlessed does not guarantee, represent, or warrant that such information is accurate, complete, reliable, or otherwise valid. FeelingBlessed disclaims all warranties, express or implied, including, but not limited to any warranty of title, non-infringement, merchant-ability, fitness for a particular purpose, or any warranty arising from a course of dealing, trade usage, or trade practice.
Limitation of Liability
Information transmitted through the internet is never completely secure. Other than for claims arising under the indemnification section of this agreement, neither FeelingBlessed, nor any of FeelingBlessed’s employees, affiliates, agents, representatives, or licensors (collectively, “FeelingBlessed associates”) shall be liable to you or any third party for any compensatory, direct, indirect, incidental, special, exemplary, punitive, or consequential damages, or attorneys’ fees, or for lost data or lost profit, arising out of your use of the site or inability to gain access to or use the site or out of any breach of any warranty, even if FeelingBlessed or a FeelingBlessed associate has been advised of the possibility of such damages or such damages were foreseeable. Your sole right and remedy with respect to any dispute with FeelingBlessed is to stop using the site. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental or special damages, in such states and jurisdictions liability is limited to the greatest extent permitted by law. If the foregoing limitations are unenforceable, FeelingBlessed’s liability to you under these terms shall not exceed the amounts paid by you to FeelingBlessed in the one (1) month prior to the accrual of any such claim. The site is controlled, operated and administered by fast apps llc. FeelingBlessed makes no warranty or representation that material available through the site is legal, appropriate, or available for use outside the united states. Nothing in the foregoing limitations of liability shall limit the liability of FeelingBlessed to settle to donee the amount of each payment received by donee through FeelingBlessed as its agent, less applicable fees or other liabilities of donee to FeelingBlessed hereunder.
Indemnification
You agree to indemnify, defend, and hold harmless FeelingBlessed, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any use of the Site by you that violates this Agreement.
Notices
Where required, FeelingBlessed may give notice to you by a general posting on the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to FeelingBlessed by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Site, or your dealings with FeelingBlessed, please e-mail support@FeelingBlessed.org. FeelingBlessed welcomes your questions and comments.
Miscellaneous
The laws of the State of Texas shall govern the validity, performance, enforcement, interpretation and any other aspect of these Terms, without regard to principles of conflicts of laws thereunder. The parties shall submit to the exclusive jurisdiction and venue of the federal and state courts located in the State of Texas for any action arising out of these Terms or use of the Site. FeelingBlessed may revise these Terms at any time, and such modifications will be effective immediately upon posting. Your use of the Site after such posting shall be deemed to constitute acceptance by you of such modifications. If you no longer agree with the Terms of this Agreement after any such modification, you may opt-out of the Site by halting your access to the Site and including in a notification to us your username and a declaration of your intention to opt-out. Upon receiving such notification from you, FeelingBlessed will suspend your account. Notwithstanding any provision of these Terms, FeelingBlessed has available all remedies at law or equity to enforce these Terms.
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