Agreement regarding Use of Website
Dated March 1, 2013
PledgeCents.com (the "Website", which has been developed by PledgeCents, Inc., provides a platform which allows students and teachers to publish a fundraising page online for raising funds to support schools with which the students or teachers are engaged.
Any user of this Website, services or software described below ("User") warrants and represents that the User is a bona fide student, faculty member or teacher at an educational institution that is duly chartered in the state in which it is located and is recognized as a bona fide educational institution in the community in which it is located, or User is a Investor ("Investor") to a student, faculty member or teacher whose project is represented on the Website. If the User is a student, the User is duly registered as a student at the educational institution; if the User is a faculty member or teacher, the User is duly employed by an educational institution. These facts regarding the User are to be included in the registration process at this Website and are subject to verification.
1. Your Acceptance
2. Your Conduct and Responsibilities
You hereby agree to the following with regard to your use of the Website, Service or Software:
You warrant and agree that the funds you obtain through the methods on the Website will be used solely for the purposes described in the materials that you post on the Website and you warrant and agree that you will comply with all relevant local, state, and federal laws applicable to you when you solicit funds, particularly but not limited to the laws relating to your marketing and solicitation for your project.
You will follow and adhere to the guidance provided on the Website for keeping your Investors informed regarding the implementation and outcome of your project once it has been funded.
You shall provide accurate, true and current information as prompted during the registration process and shall maintain and update such information to keep it accurate, true and current at all times.
You represent and warrant that all User Content, as defined below, that you upload will be your wholly original material (except for material that you are using with the permission of its owner), and will not infringe any copyright, trademark or other rights of any third party including without limitation any rights of privacy or publicity.
You shall be solely responsible for keeping a duplicate copy of all User Content that you upload, and we do not accept any responsibility or liability for the loss of your User Content.
You shall not use the PledgeCents.com Service for any illegal or unauthorized purpose. You will not use the Website or Services for activities that: violate any law, statute, ordinance or regulation related to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) sexually oriented materials or services, or (h) ammunition, firearms, or firearm parts or accessories, or (i) weapons or knives regulated under applicable law.
Your use of the Website will not relate to transactions that (i) show the personal information of third parties in violation of applicable law, (ii) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or multi-level marketing programs, (iii) are associated with purchases of real property, annuities, investments, equity or lottery contracts, lay-away systems, offshore banking or transactions to finance or refinance debts funded by a credit card, (iv) are for the sale of certain items before the seller has control or possession of the item, (v) are by payment processors to collect payments on behalf of merchants, (vi) are associated with money service business activities such as, by way of example, the sale of traveler's checks or money orders, currency exchanges or check cashing, or (vii) provide credit repair or debt settlement services or involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent violate applicable laws or industry regulations regarding the sale of (y) tobacco products, or (z) prescription drugs and devices which involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited, to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from PledgeCents.com and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
You shall not attempt to hack, destabilize or adapt the PledgeCents.com Website, Service or Software or its source code, or alter another website so as to falsely imply that it is affiliated with PledgeCents.com.
- You shall not transmit worms, viruses or any code of a destructive nature to PledgeCents.com or its users.
- You shall not, without our prior express written permission, use any high volume automated means (including but not limited to robots, spiders and scripts) to access the Website or Service.
- Any comments, suggestions, or feedback relating to the Website, Service or Software (collectively "Feedback") submitted to PledgeCents.com shall become the property of PledgeCents.com or its designee. We will not be required to treat any Feedback as confidential and will not be liable for any ideas (including without limitation, product, Website or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future iterations of theWebsite, Service, Software or our operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere. We will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not we, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
- You shall not abuse, harass, threaten, harm or impersonate other PledgeCents.com Users or employees of PledgeCents.com or any of its partners at any time or for any reason.
- You shall not upload User Content deemed hateful, threatening, pornographic, obscene, abusive, racially or ethnically offensive, libelous or defamatory, or any content that encourages conduct that would be considered a criminal offense or bring forth civil liability.
- You may not use the PledgeCents.com Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the PledgeCents.com Service.
- Access to the PledgeCents.com Service from territories or jurisdictions where its contents are illegal is prohibited. Those who choose to access the PledgeCents.com Service where such access may be regulated or restricted by any governmental authority do so on their own initiative, at their own risk and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy.
3. User Content
For purposes of these Terms and Conditions, "User Content" is deemed to cover and include all of the information, data and visual presentations imported into the platform provided to User by of PledgeCents.com. You retain your ownership rights to the User Content you upload to the PledgeCents.com servers. You are responsible for your own User Content on the PledgeCents.com servers and the consequences of posting or publishing it. By uploading User Content to the PledgeCents.com servers, you hereby represent and warrant that:
- You own all right, title and interest (including all intellectual property rights) in your User Content (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in your User Content) or, alternatively, you have acquired all necessary rights in your User Content to enable you to grant the rights in your User Content described herein.
- You have already paid, and you will be solely responsible for paying (to the extent any later payment becomes due), all royalties, fees, and any other monies owed any person by reason of any User Content posted by you to or through the Website and the Services.
- You are the individual pictured and/or heard in your User Content, or, alternatively, you have obtained permission from any and all individuals (including consent from parents or guardians for any individual under the age of eighteen (18)) who appear and/or are heard in your User Content to grant the rights described herein.
- You shall make such permissions available to PledgeCents.com and its Partners upon request.
- Your User Content does not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party.
- You agree to keep all records necessary to establish that your User Content does not violate any of the foregoing representations and warranties and to make such records available upon the request of PledgeCents.com.
4. Modification of Fees
PledgeCents.com reserves the right to change its fees from time to time at its sole discretion.
You agree that PledgeCents.com, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with PledgeCents.com or use of the PledgeCents.com Service and remove and discard all or any part of your account or any content uploaded by you, at any time. PledgeCents.com may also in its sole discretion and at any time discontinue providing access to the PledgeCents.com Service, or any part thereof, with or without notice. You agree that any termination of your access to the PledgeCents.com Service or any account you may have or portion thereof may be effected without prior notice, and you agree that PledgeCents.com will not be liable to you or any third party for any such termination. PledgeCents.com does not permit copyright infringing activities on the PledgeCents.com Service and reserves the right to terminate access to the PledgeCents.com Service and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity, or use of sexually explicit content, obscenities, copyrighted material, or abusive/hateful language in any area of the site; or a User's providing to PledgeCents.com information that is not complete and accurate or a User's attempt to bypass or otherwise circumvent the designated method of payment as provided by PledgeCents.com may be grounds for termination of your use of the PledgeCents.com Service, and any such activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies PledgeCents.com may have at law or in equity.
You may terminate your account, this Agreement and your right to use the PledgeCents.com Service at any time and for any reason or no reason, by contacting PledgeCents.com info@PledgeCents.com. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the PledgeCents.com Service before termination.
6. Ownership; Proprietary Rights
The PledgeCents.com Service is owned and operated by PledgeCents, Inc. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the PledgeCents.com Service provided by PledgeCents.com ("Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the PledgeCents.com Service are the copyrighted property of PledgeCents.com or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to PledgeCents.com or its affiliates and/or third-party licensors. Except as expressly authorized by PledgeCents.com, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
7. Third-Party Sites, Products and Services; Links
The PledgeCents.com Service may include links to other web sites or services solely as a convenience to Users ("Linked Sites"). PledgeCents.com does not endorse any such Linked Sites or the information, material, products or services contained on other linked sites or accessible through other Linked Sites. Furthermore, PledgeCents.com makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the PledgeCents.com Service are solely between you and such advertiser. YOU AGREE THAT PLEDGECENTS.COM WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE PLEDGECENTS.COM SERVICE.
All notices given to PledgeCents.com hereunder shall be given in writing to: PLEDGECENTS, INC., info@PledgeCents.com, or to such other address as PledgeCents.com may request. All notices given to User shall be sent to the email address you provide to PledgeCents.com during the registration process. Notice will be deemed given once email is sent, unless the sending party is notified that the email address is invalid.
9. Disclaimers; No Warranties
THE PLEDGECENTS.COM SERVICE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLEDGECENTS.COM SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PLEDGECENTS.COM , ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
PLEDGECENTS.COM , ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE PLEDGECENTS.COM SERVICE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLEDGECENTS.COM SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLEDGECENTS.COM SERVICE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLEDGECENTS.COM SERVICE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PLEDGECENTS.COM , ITS SUPPLIERS AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE PLEDGECENTS.COM SERVICE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLEDGECENTS.COM SERVICE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PLEDGECENTS.COM NOR ITS SUPPLIERS AND PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE PLEDGECENTS.COM SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10. Indemnification; Hold Harmless
You agree to indemnify and hold PledgeCents.com, its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorney-s fees, arising out of your use or misuse of the PledgeCents.com Service, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. PledgeCents.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
PledgeCents.com processes payment transactions through third party payment solutions such as PayPal, among others. PledgeCents.com is not a chartered banking entity. All funds that are not part of a fee paid to PledgeCents.com are paid directly to third party payment solutions.
You will not hold PledgeCents.com liable or responsible for any funds or tax obligations on those funds paid to third party payment solutions. Users agree not to involve PledgeCents.com in any litigation that occurs due to using the Website. PledgeCents.com will not be held liable for any loss or damage due to failure to comply to the terms of this Agreement.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
12. Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL PLEDGECENTS.COM OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE PLEDGECENTS.COM SERVICE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THE PLEDGECENTS.COM SERVICE, OR ANY OTHER INTERACTIONS WITH PLEDGECENTS.COM , EVEN IF PLEDGECENTS.COM OR AN PLEDGECENTS.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PLEDGECENTS.COM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL PLEDGECENTS.COM OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLEDGECENTS.COM SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PLEDGECENTS.COM SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS LESSER. THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN PLEDGECENTS.COM AND RECEIVED THROUGH OR ADVERTISED ON THE PLEDGECENTS.COM SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE PLEDGECENTS.COM SERVICE.
13. Digital Millennium Copyright Act Compliance
PledgeCents.com’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
PLEDGECENTS, INC., or by email at info@PledgeCents.com.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Alternatively, we may give you legal notice by mail to the physical address provided during the registration process. In cases of conventional mail, notice will be deemed given upon receipt.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the PledgeCents.com Service are covered by a single notification, a representative list of such works at the PledgeCents.com Service;
- 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 PledgeCents.com to locate the material;
- Information reasonably sufficient to permit PledgeCents.com 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;
- A statement that the complaining party 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PledgeCents.com's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
PLEDGECENTS, INC., or by email at info@PledgeCents.com.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or the PledgeCents.com Service will be filed only in the state or federal courts in and for New York, New York County, State of New York, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Assignment. The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by PledgeCents.com without restriction.
Survival. Sections 2, 4, 5, 6, and 8 through 14 will survive any termination of these Terms.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. This is the entire agreement between you and PledgeCents.com relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by PledgeCents.com as set forth in Section 1 above.
Claims. YOU AND PLEDGECENTS.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLEDGECENTS.COM SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
We may change this Privacy Statement from time to time. Changes to this Privacy Statement are effective upon posting to the Web Site. Please check back periodically for updates. Your use and continued use of the Web Site constitutes your acceptance of this Privacy Statement, as amended from time to time. The amount, type, and use of information we collect depends on how you use this Web Site. This Privacy Statement applies only to the practices of PledgeCents.com and not third parties regarding your Personal Information. PledgeCents.com will not apply the provisions of this Privacy Statement to Aggregated Information.
NOTICE: PledgeCents, Inc., the owner and operator of PledgeCents.com, is a Texas corporation. Accordingly, it does not consider any electronic communications which it sends from time-to-time to constitute "commercial speech" as defined by CAN-SPAM and other applicable laws, rules, orders and regulations (collectively, "Privacy Laws"). Accordingly this Privacy Statement shall be construed narrowly and it only applies to the extent a court of competition deems the specific activity of PledgeCents, Inc., or PledgeCents.com to be covered by Privacy Laws.
Definitions "Personal Information" includes, without limitation, your name, contact information (including e-mail address), credit card, health, disability, and other individually identifiable information about you not otherwise publicly known. "Non-Identifying Personal Information" includes information about you, including, without limitation, your Internet service provider, browser type, domain name, the Web Site that referred you to us, the web pages you request, the date and time of those requests, and entry and exit points. Non-Identifying Personal Information is not Personal Information. "Aggregated Information" is any combined information about more than one individual where the individual identities are unknown and cannot be inferred from the information. Aggregated Information is not Personal Information.
Collection of Personal Information PledgeCents.com may collect Personal Information from you, but only if you provide it to us. For example, if you elect to fill out forms made available on or through the Web Site, you agree we may collect and use your Personal Information in accordance with this Privacy Statement. We may also collect Personal Information that you provide to our strategic partners, which they pass on to us so that we can fulfill your requests.
Collection and Use of Non-Identifying Personal Information During your use of our Web Site, we may collect certain Non-Identifying Personal Information to enhance the functionality of the Web Site, to make your access more convenient and efficient, and to improve the quality of our service offerings. We retain Non-Identifying Personal Information and use it to establish Web Site activity trends, monitor Web Site performance, improve Web Site design and functionality, provide services, inform current and potential PledgeCents.com beneficiaries and strategic partners about our services, and for other business purposes.
Children. We do not knowingly collect, maintain, or use Personal Information from children under age 13. As a condition to entering any information, you represent and warrant that you are at least eighteen (18) years of age. If you are under age 13, do not share any Personal Information with us; LIKEWISE, TO NOT SHARE ANY PERSONAL INFORMATION ABOUT ANY OTHER PERSONS WHO ARE UNDER AGE 13, SUCH AS STUDENTS.
Use of Your Information; E-Mail Opt-Out PledgeCents.com does not sell, trade, rent or share personal information with any third parties under any circumstances, nor send mailings on behalf of other organizations, unless you express allow us.
IMPORTANT NOTICE: If you are an educator or Investor and you elect to fill out forms made available on or through the Web Site, or otherwise submit information electronically, unless you expressly request otherwise in writing as set forth below, you agree we may collect and use your Personal Information to notify our beneficiaries and business partners with respect to your needs, donations, suggestions, requests or other communications.
In addition, we may use Personal Information for purposes that include maintaining the Web Site, order fulfillment, administration, surveys, and other functionalities and services offered on the Web Site or related activities offline. Provided, with respect to the PledgeCents.com direct mail list, we will generally maintain control of that list, or contract with an e-mail list management company, and include announcements and information of our strategic partners and sponsors in our e-mail blasts, electronic and offline newsletters to you.
If you desire to opt-out of our e-mail blasts and/or newsletters, just notify us in writing at the Contact Information below. We may use Non-Personal Identifying Information to provide current and potential strategic partners, beneficiaries and suppliers with information about our services and in connection with co-marketing and sponsorship activities. We reserve the right to use or disclose Aggregated Information in ways that we think are appropriate.
Agents. We disclose Personal Information to other companies and individuals to perform functions for us, subject to confidentiality agreements. These types of agents include mailing and delivery companies, marketing service providers, database managers, service representatives, and other agents who perform functions for or on our behalf. These agents may perform functions including, without limitation, analyzing data, supplying marketing assistance, providing search results and links (including paid listings and links), sending postal mail, e-mail or newsletters, removing repetitive information from lists, processing credit card payments, and providing services. Where we disclose Personal Information to organizations that perform services on our behalf, we will require those organizations to use such information solely for the purposes of providing services to us and our reasonably permitted partners and to protect the Personal Information with appropriate safeguards.
Business Transfers. As we continue to develop our business, we might buy or sell business units. In these transactions, Personal Information is often transferred, but it remains subject to the promises made in any pre-existing Privacy Statement, unless an individual consents otherwise. You hereby authorize PledgeCents.com to transfer your Personal Information, subject to the terms of this Privacy Statement as amended from time-to-time, in the event PledgeCents.com sells or transfers all or substantially all of its assets, or in the event of a change in control, merger, consolidation or organizational restructuring.
Protection of PledgeCents.com and Others We may use or disclose Personal Information without your consent in certain circumstances, including, without limitation:
If we are required by law or by an order or requirement of a court, administrative agency, or other government entity, or by court rules concerning the production of records;
If we have reasonable grounds to believe that use or disclosure is necessary to protect the rights, privacy, property, or safety of any other person or organization;
If we have reasonable grounds to believe that the information relates to a breach of agreement or online policy or violation of law that has been, is being, or is about to be committed;
If it is necessary for fraud protection, risk reduction, or the establishment or collection of funds owed to us;
If the information is reasonably determined by us to be Non-Identifying Personal Information or otherwise public;
For other reasons not restricted or otherwise required by laws, rules, regulation or order.
When we are required or permitted to disclose information without consent, we will endeavor not disclose more information than is necessary to fulfill the disclosure purpose.
Consent. If you do not consent to our collection, use, or disclosure of your Personal Information as described in this Privacy Statement, then do not share Personal Information with us. However, we are unable to offer some services without Personal Information. You may withdraw your consent at any time, subject to reasonable notice and legal or contractual obligations. To withdraw your consent, simply notify us in writing of the Personal Information that you no longer wish us to collect, use, or disclose, pursuant to the Contact Information listed below. However, we are unable to offer some services without Personal Information.
There are limited situations in which applicable laws require or allow us to collect, use, or disclose Personal Information without your consent or after you withdraw your consent. We describe these situations above in the subsection titled "Protection of PledgeCents.com and Others".
Retention and Access. Information Updates and Corrections. We ask that you help us to keep your Personal Information accurate, complete, current, and relevant to its intended use, by notifying us in writing of any changes. We keep your Personal Information only as long as we need it for the reasons it was collected, and continue to hold this information for a reasonable period time at least as long as applicable laws, rules or regulations may require. When your Personal Information is no longer required for our purposes, we have procedures to destroy, delete, or erase it or to convert it to an anonymous form, at our election.
The principal place in which we hold Personal Information is at the principal business of business of PledgeCents.com, which is currently in Houston, Texas, and may change from time-to-time. At your request in accordance with this Privacy Statement, we will provide you with reasonable access to your Personal Information, so that you can review what we have stored and, if you choose, request corrections to it. After you request access, we will provide the Personal Information that you request as soon as practically possible and generally no later than thirty days following the request. If you wish to correct your Personal Information, please send us a written explanation of the particular information that you believe should be corrected.
Security. PledgeCents.com combines technical and physical safeguards with policies and procedures in order to help protect your information. We work to protect your information during transmission, and for certain transactions we use Secure Sockets Layer (SSL) software, which encrypts the information that you provide online at our Web Site. We will use commercially reasonable efforts and reasonably available technologies to protect your information.
Further, we permit only authorized PledgeCents.com employees and third parties to access any Personal Information that you supply to us. Notwithstanding anything to the contrary, you acknowledge that the Internet and computer networks are inherently insecure and we do not guarantee absolute protection of the Personal Information you share. Accordingly, do not share your Personal Information unless you understand and submit to these risks.
Links to Other Web Sites. When you click on a link on this Web Site that takes you to a web site operated by another company, or when we use Personal Information for the purposes of order fulfillment in which we send purchase orders to another web site containing Personal Information, you will be subject to that web site's privacy policies. We disclaim, and you agree to hold us harmless from, any policies and practices of third party sites, including, without limitation, PledgeCents.com's strategic partners, vendors and sponsors. Accordingly, we encourage you to read such third parties' privacy statements available on their web sites.
Dispute Resolution. Please direct any questions or concerns regarding the use or disclosure of Personal Information to us by using the Contact Information given below. We will investigate and attempt to resolve questions, complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Privacy Statement.
For complaints that cannot be resolved, we will make available to you an independent dispute resolution process. In the event of any legal proceeding arising hereunder, the parties irrevocably submit to the exclusive jurisdiction and venue of the courts in and for New York, New York County, New York, and the Southern District of New York, and waive all claims of inconvenient forum. The parties expressly opt-out of rights to demand a jury trial. The prevailing party shall be entitled to reasonable attorneys' fees and costs.
Contact Information In the event of questions about (i) access to your Personal Information, (ii) our collection, use, management, or disclosure of Personal Information, (iii) opting out of our e-mail blasts and/or newsletters, or (iv) this Privacy Statement, contact us at:
Monday through Friday (except holidays), 9:00 AM to 5:00 PM Eastern Standard Time. Please provide details in your correspondence to enable us to respond and take appropriate action. It may take up to thirty (30) days to see changes and results.