Terms & Conditions
Agreement between User and Otterfund LLC
1. Agreement: This Agreement constitutes a legally binding contract between you and Otterfund LLC doing business as Elefundo. You may be referred to as "User" "Customer" "Member"or as "You" throughout this Agreement. The www.otterfund.com and www.elefundo.com websites (the"Site") is comprised of various web pages and mobile device applications operated by Otterfund LLC doing business as Elefundo ("Otterfund"). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions,and notices contained herein (the "Terms"). By clicking on the "I Agree" button,you agree to all of the Terms outlined herein. Please read these terms carefully, and keep a copy of them for your reference. You may print a copy of these Terms and Conditions here.
2. About Otterfund: Otterfund is a professional fundraising and lead generating for- profit company which ownsand operates the Site with intent to generate money for qualifiedlaw-abiding non-profit organizations, schools, teams, organizations andother individualsin need. Otterfund has five primary ways to raise funds:
a. First, through straight creditcard donation("Donations");
b. Second, through generating andselling leadsto businesses ("Leads");
c. Third, through online affiliateshopping links (the"Applications");
d. Fourth,through event ticketing (“Events”);
e. Fifth,through silent auctions (“Auction”) (collectively the "Services").
Otterfund enables individuals and companiesrepresenting charitable causes, events, platforms, etc. (“Fundraisers”) to use theSite and its associated Services to raise money to benefit causes ("OtterfundCampaigns") by encouraging others ("Supporters") to participate in their Otterfund Campaigns by using the Services.
3. Your Responsibilities: In accordance with the terms andconditions contained herein, you agree:
a. tobe bound by the terms and conditions set forth herein;
c. complywith any technical specifications, rules of operation or security proceduresset forth by Otterfund from time to time on the Site.
From time to time Otterfund may revise or modify these terms andconditions by posting the revised terms and conditions through a link on theSite. While we will endeavor to provide notice to you of any changes to thepricing or other financial terms of these terms and conditions, whether or notwe provide notice to you, you will be bound by the revised terms and conditionsfor all subsequent uses of this Site after such modifications have been made.If you do not agree to any of the terms and conditions set forth herein, youmay not use this Site.
4. Otterfund Responsibilities: In accordance with the terms andconditions contained herein, if you are a User, Otterfund will perform, and Youauthorize Otterfund to provide as Your agent and on Your behalf, the followingservices:
a. Transmit Funds: Be paid and process online donations(Donations) made by Supporters to designated Otterfund Campaigns through theSite and Services.
c. Trust: Hold the funds received throughonline Donations in a non-operating bank account.
d. Fees: Remit funds to the designated Otterfund Campaign electronically to the bank account of the Otterfund Campaign, less (A) a services fee of $0.70 plus two percent (2%) on any given Donation; (B) a service fee of $0.70 plus two percent (2%) on each ticket sold for an Event; (C) a service fee of $0.70 plus two percent (2%) on each item purchased in an Auction or at a fixed price; (D) the fees as outlined on the Site for each Lead form of donation; and (E) the fees outlined on the Site for each purchase made through an Application. Such fees are subject to change at any time at the discretion of Otterfund.
e. Thank You: Send a thank you email and transaction receipt to Supporters. Otterfund also automatically generates and sends a series of emails to Fundraisers and Supporters to assist them in more effectively using the Site. Otterfund will make available to nonprofit users(i.e. an individual authorized by a nonprofit organization whose Supporters use the Site to raise money for such organization through an Otterfund Campaign),online reports identifying, where available, the name, address, email and transaction accounting details of the individuals or entities that have made online contributions to their organization through a Service along with the amount of the online contribution.
5. Becoming a User: By enrolling as a User of Otterfund, or byutilizing any of Otterfund's Services, you agree to be bound by this Agreement.You must be a User to start an Otterfund Campaign, receive donations for anOtterfund Campaign, or make donations through the Services as a Supporter.Enrollment as a User is simple: you must provide an email address, address, andother information to identify yourself so Otterfund can inform you when moneyor other rewards are credited to your account, or the account of your OtterfundCampaign, and so Otterfund can actually credit your account. Users must be atleast eighteen years old and agree not to use the Services for any illegal orfraudulent activity. Please be aware that participation in the Services and theopportunity to earn money for your Otterfund Campaign are offered at the solediscretion of Otterfund, and Otterfund has the right to change this Agreementin whole or in part, at any time, with or without notice.
6. Subscription Service: The Services available through Otterfund may bepurchased as a subscription through the website. You agree to be bound by theterms of the subscription service your purchase as outlined on the website(Subscription Service). In addition, all funds paid by you as part of thesubscription service shall be nonrefundable. You shall have access to theservices outlined in your Subscription Service at the price outlined on thewebsite. Any additional services you wish to use on the Site shall be purchasedand received pursuant to the terms of this Agreement.
7. Donations: Donations are straight credit card donations of a specific amount to adesignated Otterfund Campaign. The amount of donations to the OtterfundCampaign designated by you are charged on your credit card and paid to, andprocessed by, Otterfund or its affiliates on such Otterfund Campaign’s behalf.Any payments of donations are final and non-refundable. The donations will beheld in a non-operating bank account until such time as Otterfund forwards thedonations to the Otterfund Campaign or payee of funds. Otterfund forwardsdonations to the Otterfund Campaigns or payees at intervals as determined byOtterfund and the Otterfund Campaign or payee. The donations are made availableas soon as Otterfund deems the transaction complete at its sole discretion.Your donations to the Otterfund Campaign designated by you will be net of feesas designated in Section 4 above. This fee structure is subject to change fromtime to time at the sole discretion of Otterfund.
a. Valid Credit Card:Users agree not to use an invalid orunauthorized credit card in making transactions on the Site. Once a donation ismade, the transaction is final and not subject to dispute unless unauthorizeduse of the Supporter’s payment card is proved. If you become are of fraudulentuse of your card, or if it is lost or stolen, you must notify your cardprovider in accordance with its reporting rules.
b. User Responsibility: If you are a Supporter or an OtterfundCampaign, you are solely responsible for ensuring that you have selected thecorrect organization to fundraise for or donate to. All donations to OtterfundCampaigns are made as unrestricted gifts and may not be specified for anyparticular purpose.
c. Transactions: Otterfundonly pays and/or makes a donation once a transaction is deemed accepted and complete by Otterfund. As such,when you offer to donate, open an Otterfund Campaign, or otherwise contractwith Otterfund for Services, such transaction is not complete until Otterfunddeems it accepted and completed.
d. Your Warranty of Payment:When you provide payment information, you represent and warrant thatthe information is accurate, that you are authorized to use the payment methodprovided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating servicesto obtain current expiration dates on credit cards. Furthermore, donations or other payments madeby credit card may be charged a processing fee which may vary but shall notexceed 4% of the total transaction. Suchamounts are charged in addition to the percentage paid to Otterfund forfacilitating the donation. Credit cardpurchases made on third-party sites are subject to the charges and feesassociated with that third-party site. Members and Otterfund Campaigns shall beresponsible for the taxes based on its net income or gross receipts.
e. Link to Third-Party Payment Source: When you create an Otterfund Campaign, you must link your OtterfundCampaign to your PayPal, WePay,Stripe or other Otterfund approved payment processingaccount where donations made to your Otterfund Campaign may be deposited. You are solely responsible for any costs orfees associated with the use of your PayPal, WePay, or other account.
f. Potential Taxes: Anycampaign that receives donations via purchases made through third-party sitesmay be subject to federal and state income taxes and fees. Otterfund shall provide each OtterfundCampaign with the appropriate tax documents to document the income earned bythat Otterfund Campaign from purchases from third-party sites.
8. Leads: Otterfund contracts with certain businesses to provide them leads ofpotential clients or customers. When such leads frequent or purchase from thosebusinesses, the businesses make a donation to a designated Otterfund Campaign.By attending, visiting, or purchasing from a Lead business, you authorize thatbusiness to make a donation to the Otterfund Campaign to which such business isa Supporter. Such donation amount isidentified on the Site. You further authorize such business and Otterfund toexchange your identifying information to ensure donations are made to theproper Otterfund Campaigns and for other purposes as Otterfund deemsappropriate.
a. Transaction Complete: A transaction will be deemed completed atOtterfund’s sole discretion; nevertheless, a transaction cannot be completeuntil the Fundraiser clicks on the appropriate link in an email confirming thatsuch Fundraiser accepts the donation and until the Lead/Supporter clicks on anemail confirming that it intends to make a donation pursuant to the termsoutlined on the Site.
b. Frequency of Payment: Money shall be charged to each Supporter/Leadno more than one time each week. The Supporter/Lead agrees to be charged asfrequently as one time each week for donations which are confirmed prior tosuch time.
9. Applications: Earning back a portion of your purchases as adonation to your Otterfund Campaign ("Cash Back") is straightforward.Choose a store, product, coupon or other link displayed on Site, click theaccompanying shopping link to be directed to an affiliated store's website("Affiliate Store"), and complete a purchase to earn Cash Back onpurchases made 'in-store' or at a limited number of stores by presenting acoupon from Otterfund at time of check out.
a. Identification: Such stores and coupons are clearly identifiedon the Site. Specific Cash Back amounts vary by store and product category andare provided in detail at the Site. Please note that the net purchase amountexcludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns orcancellations, and extended warranties.
b. Exclusions: Certain Affiliate Stores exclude a limited number of products andpurchases from the Services. Otterfund does its best to minimize and maintainan up-to-date list of exclusions on the Site. Additionally, to earn Cash Back,you must complete your purchase during the same shopping session you startafter clicking the link on the Site.
c. Limitations: If you visit other sites before completing your purchase or use couponsnot provided by Otterfund, your purchase might be associated with a serviceother than Otterfund and your Otterfund Campaign might not earn Cash Back onyour purchase. If you disable 'cookies' on your computer you will not be ableto earn Cash Back as cookies are used to authenticate the user and be certainCash Back is assigned to the proper Otterfund Campaign account.
d. Payment: To receive payment of accrued Cash Back and any other rewards, you mustestablish and maintain Your account with Otterfund with the informationnecessary to process your payment: a valid email address at which are you ableto receive email, a valid postal address at which you are able to receive mail,your first and last name, and a password to protect your account. To maintain Youraccount, you must update your information if it changes and have shopped viathe Site or have accrued Cash Back at any time within the last twelve (12)months. Otterfund pays its Fundraisers' Otterfund Campaigns accrued Cash Backand other rewards upon request after sixty (60) days max. Fundraisers mayselect or change their payment options, and their respective charity, at theSite. Each payment represents Cash Back and other rewards earned and accruedduring the prior quarter based on the schedule below. The minimum paymentamounts is $10.00. Balances below $10.00 remain in your account for potentialpayment during the next payment period.
i. PurchasePeriod AvailabilityDate
Jan. 1 - Mar 31 May15
Apr 1 - Jun 30 Aug15
July 1 - Sept 30 Nov15
Oct 1 - Dec 31 Feb15
e. Delay of Payment:Please note that orders from a few AffiliateStores may be delayed by one pay cycle due to delayed processing and reportingby the stores. We do our best to expedite payments and to maintain a list ofstores whose practices might delay our ability to pay Cash Back on yourpurchases. Otterfund reserves the right to delay payment for any purchase basedon changes to Affiliate Store policies and procedures at any time. Furthermore,a transaction is not deemed complete until such time as Otterfund deems itcomplete in its sole discretion.
10. Events: Through the Services, Otterfund provides a simple and quick means for registered Fundraisers to create event registration, speaker profile, organizer profile,fundraising and other webpages related to their events, to promote those pagesand events to visitors or browsers of the Services and to sell tickets andregistrations (or issue free registrations), solicit donations and sellmerchandise related to those events to users who wish to make purchases,registrations or donations from or to such events (including to free events).
a. Your Use of Event Service: Otterfund hereby grants you a personal, non-exclusive, non-transferable,non-sublicensable (except to sub-Users registered via the Services), revocable(in accordance with Section 19 of theseTerms), limited right to access and use the Services solely for the purposes of(a) browsing the Services and searching for, viewing, registering for or purchasing tickets or making donations to an event that is registered on the Services; and/or (b) if you are a Fundraiser,creating event registration, speaker profile, organizer profile, fundraising and other web pages with respect to, and promoting, managing, tracking, and collecting sales proceeds for, an event, in each case (i) in compliance with these Terms; and (ii) to the extent permitted under all applicable local,state, provincial, national and other laws, rules and regulations.Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly (A) copy, modify, reproduce, translate, localize,port or otherwise create derivatives of any part of the Services; (B) reverseengineer, disassemble, decompile or otherwise attempt to discover the sourcecode or structure, sequence and organization of all or any part of the Services(except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local, state,provincial, national or other law, rule or regulation); (C) rent, lease,resell, distribute, use the Services for timesharing, service bureau or othercommercial purposes not contemplated by this paragraph or otherwise exploit theServices in any unauthorized or unintended manner; (D) remove or alter any proprietary notices or labels on or in the Services; or (E) engage in any activity that interferes with or disrupts the Services. Any rights notexpressly granted in this paragraph are reserved.
b. Access: Youmay access and create an event through our Services.For clarity, any access to or use of the Services and the events themselvesshall be deemed to be part of the Services and subject to the Terms. This rightto access and use the eventservice maybe revoked in accordance with Sections14 and 27of the Terms and Otterfund may discontinue or modify the Servicesas set forth in Sections 3 above and 35 below.
c. Listing Service and LimitedAgent: Otterfund is not the Fundraiseror owner ofthe events listed for sale orregistration on the Services. Otterfund provides the Services,which allow Otterfund Campaigns and theirFundraisersto list and promote their events, but all sales are made by the respective Otterfund Campaign listed on the applicable event page. In the event that an Otterfund Campaign has elected to use Otterfund’s paymentprocessing service,Otterfund also acts as the Otterfund Campaign’s limited agent solely for the purpose of using its thirdparty payment providers to collect payments made by Supporters on the Services with respect to an event and passing such paymentsthrough to the applicable OtterfundCampaign/Fundraiser. It is the OtterfundCampaign’s and the Fundraiser’s sole obligation to ensure that any event page posting onthe Services and the nature and conduct of the underlying event meet all applicablelocal, state, provincial, national and other laws, rules and regulations, andthat the goods and services described in any event page posting are actuallydelivered in a satisfactory manner.
d. Payment Method: As an OtterfundCampaign or Fundraiser, you may select your preferred payment processing methodfor your event, provided, that once you sell the first ticket to an event youmay not change the payment processing method for that event. As a Supporter, you will be using whatever payment processing method the Otterfund Campaign or Fundraiser of the applicable event has selected. If the Otterfund Campaign has selected a payment processing method, if such option is available, that uses a third party to process the payment, thenneither Otterfund or any of its third partypayment processing partners processes the transaction but may transmit yourpayment details to the Fundraiser’s/Otterfund Campaign’s designated payment provider. If the Otterfund Campaign has elected to use Otterfund’sPaymentProcessing Service, Otterfund will use third party paymentprocessing partners to process the transaction as the Otterfund Campaign’s limited payment agent.
e. Fees: Creating an account, listing anevent and accessing the Services is free. We charge our fees only when you sellor buy paid tickets or registrations. All descriptions of standard fees on theServices represent the standard fees that Otterfund charges to Otterfund Campaigns. These fees may vary based on individual agreementsbetween Otterfund and certain Otterfund Campaigns. Otterfund Campaigns ultimately choose ifthese fees will be passed along to Supports and shown as “Fees” onthe applicable event page or absorbed into the ticket or registration price andpaid by the Otterfund Campaign out of ticket andregistration gross proceeds. The fees charged to Supporters may include certain other charges, including without limitation,facility fees, royalties, taxes, processing fees and fulfillment fees.Therefore, the fees paid by Supportersfor anevent are not necessarily the same as those charged by Otterfund to the applicable OtterfundCampaign orthe standard fees described on the Services to Otterfund Campaigns. In addition, certain fees are meant, on average, todefray certain costs incurred by Otterfund, but may in some casesinclude an element of profit and in some cases include an element of loss. Otterfund does not control (and thus cannot disclose) fees levied by your bankand/or credit card company, including fees for purchasing tickets andregistrations in foreign currencies or from foreign persons. Be sure to checkwith your bank or credit card company prior to engaging in a transaction tounderstand all applicable fees, credit card surcharges and currency conversionrates.
f. Refunds: Becauseall transactions are between an OtterfundCampaignand its respective Supporters, Otterfund asks that all Supporters contact the applicable Otterfund Campaign organizing their event with any refund requests. Otterfund Campaigns agree to post and maintain a refund policy on each eventpage and that refund policy will govern, provided that the refund policy mustbe consistent with Otterfund’s refund policy requirements as outlined herein. In the event that an Otterfund Campaign has not responded to a refund request within two (2)business days or there is a dispute between an Otterfund Campaign and a Supporter that cannot be resolved, either party may contact Otterfund. Otterfund may, in its discretion, attemptto mediate such dispute, however, Otterfund will have no liabilityfor (a) an Otterfund Campaign’s failure to giverefunds; (b) Otterfund’s failure to mediate a dispute;or (c) Otterfund’s decision if it does mediatethe dispute.
g. Email.Otterfund may make available to you features and tools that allow you tocontact other users of the Services or third parties via email (the “EmailTools”). In the event that you use these Email Tools, you represent, warrantand agree that:
(b) your use of the Email Tools is in compliance with allapplicable local, state, provincial, national and other laws, rules andregulations, including those relating to spam and email;
(c) your use of the Email Tools will be solely toadvertise, promote and/or manage a bona fide event that you have listed on theServices;
(d) your use of the Email Tools and the content of youremails complies with Section 9(g) of these Terms;
(e) you will not use false or misleading headers ordeceptive subject lines in emails sent using the Email Tools;
(f) you will identify the email message as anadvertisement or commercial in nature;
(g) you will not hide, disable, remove, or attempt tohide, disable or remove the unsubscribe link that Otterfund includes on every email; and
(h) you will not email any person that you know or havereason to know has opted out of receiving emails from you.
If you fail to abide by any of the foregoing, if your useof the Email Tools results in bounce rates, complaint rates or unsubscriberequests in excess of industry standards or if your emails are found to causedisruption to the Services, Otterfund may, among other actions, limit orsuspend your access to the Email Tools.
h. Conduct.You understand that you areliable for all Content, in whatever form, that you provide or otherwise makeavailable to or through the Services, including to other users of the Services.You agree (1) to use the Services in accordance with these Terms; and (2) not to use the Services to:
(a) upload, post, email, transmit or otherwise makeavailable any Content that is unlawful, harmful, threatening, abusive,harassing, tortious, defamatory, vulgar, obscene, libelous, invasive ofanother’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) facilitate gambling, gaming, lotteries, raffles,contests, sweepstakes and/or any other activity featuring the award of a prizeother than raffles, contests or sweepstakes conducted in a manner that compliesin all respects with theseTerms or other conditions outlined by Otterfund;
(d) impersonate any person or entity, including, but notlimited to, an Otterfund representative, or falsely state or otherwisemisrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers inorder to disguise the origin of any Content transmitted through the Services;
(f) upload, post, email, transmit or otherwise makeavailable any Content that you do not have a right to make available under anylaw or under contractual or fiduciary relationships (such as insideinformation, proprietary and confidential information learned or disclosed aspart of employment relationships or under nondisclosure agreements);
(g) upload, post, email, transmit or otherwise makeavailable any Content that infringes any patent, trademark, trade secret,copyright, right of publicity or personality, or other intellectual property orproprietary rights of any person or entity;
(h) upload, post, email, transmit or otherwise makeavailable any Content related to the sale or provision of goods and servicesother than the sale or provision of tickets and registrations to bona fideevents listed on the Services and other goods and services being sold orprovided in conjunction with such events;
(i) upload, post, email, transmit or otherwise makeavailable any Content that contains viruses or any other computer code, filesor programs that interrupt, destroy or limit the functionality of or tootherwise interact with the Services in a manner not permitted by the Terms;
(j) interfere with or disrupt the Services or servers ornetworks connected to the Services, or disobey any requirements, procedures,policies or regulations of networks connected to the Services;
(k) attempt to probe, scan or test the vulnerability ofany Otterfund server or network or breach any security or authenticationmeasures, unless you are an authorized contractor of Otterfund specificallyengaged to provide such services;
(l) attempt to avoid or circumvent any technologicalmeasure implemented by Otterfund to protect the Services or Content on theServices, including without limitation, encryption technology used to protectsensitive personal information;
(m) solicit any User to use a third party service thatcompetes with Otterfund;
(n) advertise your event but complete sales independentof the Services in order to circumvent the obligation to pay fees related tothe Services;
(o) intentionally or unintentionally violate anyapplicable local, state, provincial, national or other law, rule or regulation,including without limitation laws and regulations regarding the sale of tickets;
(p) resell tickets or registrations;
(q) collect credit card number, expiration date or CSCcode or any other credit card information other than in the fields under“Payment” on the order payment page;
(r) collect social security or insurance number,financial account number, drivers’ license number, health information or othersensitive information required to be secured under applicable local, state,provincial, national or other law, rule or regulation or for which disclosureis required in case of a data breach without first obtaining Otterfund’s priorwritten consent; or
(s) stalk or otherwise harass any person or entity.
i. Certain Remedial Rights. You acknowledge that Otterfunddoes not pre-screen Your Content or the Content of any other User in connectionwith the Services, but that Otterfund and its designees shall have the right(but not the obligation) to monitor, alter, edit or remove any of Your Content,in whole or in part, based on violations of the Terms. If we believe that YourContent could be changed so as to not violate the Terms of Service, we willattempt to send you notice prior to taking any such action, provided, that ifwe must act immediately to comply with applicable local, state, provincial,national or other law, rule or regulation or to limit our liability, we maytake such action without prior notice. You acknowledge and agree that Otterfundmay preserve Your Content and account information and may also disclose YourContent and account information if required to do so by law or in the goodfaith belief that such preservation or disclosure is reasonably necessary to(a) comply with legal process; (b) respond to claims that any of Your Contentviolates the rights of third parties; (c) enforce or administer the Terms;and/or (d) protect the rights, property and/or personal safety of Otterfund,its users and/or the public, including fraud prevention. You understand thatthe technical processing and transmission of the Services, including YourContent, may involve transmissions over various networks and/or changes toconform and adapt to technical requirements of connecting networks or devices.
j. Sub-domains.Otterfund may provide you with the right to use asub-domain within the Site (e.g., [sub-domain prefix].Otterfund.com) for agiven event. All such sub-domains are the sole property of Otterfund and wereserve the right to determine the appearance, design, functionality and allother aspects of such sub-domains. In the event Otterfund provides you with asub-domain, your right to use such sub-domain will continue only for so long asyour event is actively selling on the Services and you are in compliance withthe Terms. If Otterfund terminates your right to use a sub-domain for any otherreason, it will provide you with a new sub-domain.
l. PaymentData. Otterfundwill not share with an Fundraiser/OtterfundCampaignany Payment Data. “Payment Data” means any full credit card number or otherfull payment account number and the related expiration date and security codeentered by an Attendee on the Services in order to purchase a ticket orregistration, make a donation or purchase merchandise related to events, solong as such information is entered in the fields under “Payment” on the orderpayment page. Note that if an Attendee enters such information in other areasof the Services or otherwise provides it to another User, it may not beencrypted and may be automatically shared with the applicable Fundraiser/Otterfund Campaign, so Attendees should enter such information onlyunder “Payment” on the order payment page.
11. Auctions: Otterfund provides a platform for Otterfund Campaigns to carry out silentauctions online. You agree to the following additional terms and conditions ifyou elect to engage in any way with a silent auction.
a. Internet Access and Computer Equipment: To use The Services, you must have an Internet Connection and appropriatecomputer equipment to connect to the Internet and to the World Wide Web. Youare responsible for all fees related to your Internet Connection. We are notresponsible or liable for the integrity of your Internet Connection at any timebefore, during or after your event or for secure access to our services at anytime. Nor are we responsible or liable for any problems related to yourcomputer equipment.
b. Support: Otterfund hasan extensive online help system that is designed to answer virtually anyquestion you might have about the system. Please refer to the help systembefore requesting help via email.
c. Otterfund’s Role: Our role is limited to providing software and services that help you runyour fundraising event. We are not responsible for any agreement, contract ortransactions between you and your event attendees either online, physically atthe event or otherwise. We cannot guarantee the validity or accuracy of anyinformation presented through our Services by users of the system and wetherefore provide no warranty and assume no liability for such information.
d. User Submissions: Part of the functionality provided by The Services allows user to postinformation on the Otterfundweb site in the form of Contacts, Donations orother postings. As we have no immediate control over what Users may post on theweb site, you agree that neither you nor any members allowed into your groupwill post any fraudulent, deceitful or otherwise misleading information. Weassume no responsibility for any such information or information that may beharmful, offensive or distasteful in any way
e. Group Information: The group information you provide during the creation of your groupcontains information that we may use to contact you or your organization. Youagree to provide true, accurate, complete and current information and topromptly update this information should it change.
f. Group Administrator Registration Date: The Group Administrator or Group Administrators are responsible forgranting or denying access to the Group account created by the original GroupAdministrator. Silent Auction Pro™ is not responsible for unauthorized accessto your group's data resulting from a Group Administrator granting access to auser who otherwise should not have been granted access.
12. EarningBonuses & Other Rewards for Your Charity: Otterfund periodically offers monetary bonusesor other rewards for sign-up of an Otterfund Campaign, for referring other newMembers or for other specific actions. The terms and conditions accompanyingsuch offers will govern how they are earned and paid if the terms andconditions differ from this Agreement. To qualify for a referral bonus, a Usermust refer a new Fundraiser/Otterfund Campaign who establishes his or her own accountand begins to raise money via the Services. The referring User will receive a donation to their selected OtterfundCampaign based on a percentage of what is raised by the Otterfund Campaignwhich they referred for a period of one (1) year. Please note that sign-up andreferral bonuses are given for the purpose of attracting brand new Users toOtterfund.
14. Electronic Communications: Visiting the Site or sending emailsto Otterfund constitutes electronic communications. You consent to receiveelectronic communications and you agree that all agreements, notices,disclosures and other communications that we provide to you electronically, viaemail and on the Site, satisfy any legal requirement that such communicationsbe in writing.
15. Your Account: If you use the Site, you are responsible for maintaining theconfidentiality of your account and password and for restricting access to yourcomputer, and you agree to accept responsibility for all activities that occurunder your account or password. You may not assign or otherwise transfer youraccount to any other person or entity. You acknowledge that Otterfund is notresponsible for third party access to your account that results from theft ormisappropriation of your account. Otterfund and its associates reserve theright to refuse or cancel service, terminate accounts, or remove or editcontent in our sole discretion. As part of certain registration processes on theServices, you will create an account or change or add information about youraccount. You agree (a) to provide true, accurate, current and completeinformation about yourself, or if you are using the Services on behalf of anentity, the entity, as prompted by each Service registration form (the“Registration Data”); and (b) to maintain and promptly update the RegistrationData to keep it true, accurate, current and complete.
a. Dispute Between Users: Inthe event of any dispute between two or more parties as to account ownership,you agree that Otterfund shall be the solearbiter of such dispute in its discretion and that Otterfund’s decision (which may include termination or suspension of any accountsubject to dispute) shall be final and binding on all parties. In addition, you releaseOtterfund (and all employees, agents or related parties) from any and allclaims, damages and demands of all kinds connected in any way or arising fromsuch disputes.
b. Third Party Accounts: You will be able toconnect your Otterfund account to third party accounts. By connecting yourOtterfund account to third party accounts, you acknowledge and agree that you areconsenting to the continuous release of information about you to others (inaccordance with your privacy settings on those third party sites). If you donot want information about you to be shared in this manner, do not use thisfeature.
16. PersonalInformation: Otterfund is concerned about the safetyand privacy of children. For this reason, and to be consistent with the termsof use of any third party service providers used by Otterfund, you must be at least eighteen (18) years of age, or the legal age ofmajority where you reside, to use the Services. Otherwise you may use theServices only with the involvement of a parent or guardian. In any event, youmay not use the Services if you are under the age of thirteen (13).
b. Content: Youagree that all material, including without limitation information, data, text,editorial content, design elements, look and feel, formatting, graphics,images, photographs, videos, music, sounds and other content (collectively,“Content”), contained in or delivered via the Services or otherwise madeavailable by Otterfund in connection with the Services(collectively, “Site Content”) is protected by copyrights, trademarks, servicemarks, trade secrets or other intellectual property and other proprietaryrights and laws. Otterfund may own the SiteContent or portions of the Site Content may be made available to Otterfund through arrangements with third parties. The compilation of all SiteContent included in or made available through the Services is the exclusiveproperty of Otterfund and is protected by copyrightlaws. You will not modify, publish, transmit,reverse engineer, participate in the transfer or sale, create derivative works,or in any way exploit any of the ProtectedContent, in whole or in part, found on the Site. Except as expresslyauthorized by Otterfund in writing or inconnection with your permitted use of the intended functionality of theServices, you agree not to sell, license, rent, modify, distribute, copy,reproduce, transmit, publicly display, publicly perform, publish, adapt, editor create derivative works of any Site Content, or post any Site Content on anyother website or in a networked computer environment for any purpose. You shalluse the Site Content only for purposes that are permitted by these Terms andany applicable local, state, provincial, national or other law, rule orregulation. Any rights not expressly granted herein are reserved.
1. No Compensation: Nocompensation will be paid with respect to the use of your Submission, asprovided herein. Otterfund is under no obligation to post or use any Submissionyou may provide and may remove any Submission at any time in Otterfund's solediscretion.
2. Warranty: By posting,uploading, inputting, providing or submitting your Submission you warrant andrepresent that you own or otherwise control all of the rights to yourSubmission as described in this section including, without limitation, all therights necessary for you to provide, post, upload, input or submit theSubmissions.
ii. Feedback and Corrections:You hereby acknowledgethat (a) any and all suggestions for correction, change and modification to theServices and other feedback (including but not limited to quotations of writtenor oral feedback), information and reports provided to Otterfund by you (collectively “Feedback”); and (b) all improvements, updates,modifications or enhancements, whether made, created or developed by Otterfundor otherwise relating to Feedback (collectively, “Revisions”), are and willremain the property of Otterfund. All Feedback and Revisions become the soleand exclusive property of Otterfund and Otterfund may use and disclose Feedbackand/or Revisions in any manner and for any purpose whatsoever without furthernotice or compensation to you and without retention by you of any proprietaryor other right or claim. You hereby assign to Otterfund any and all right,title and interest (including, but not limited to, any patent, copyright,future copyright, trade secret, trademark, show-how, know-how and any and allother intellectual property right) that you may have in and to any and allFeedback and Revisions. You hereby agree to waive any moral rights you may havein any and all Feedback and Revisions, and consent to any act which amounts toan infringement of any such moral right, in favor of Otterfund. At Otterfund’srequest, you will execute any document, registration or filing required to giveeffect to these provisions.
17. Cancellation/Refund Policy: Otterfund only pays and/or makes a donation once Otterfund deems thetransaction accepted and completed. Once money is donated to an individual and/or organization it isfinal and can not be refunded by Otterfund for any reason. Any persons or businesses seeking a refund ofdonated money must contact the organization and or individual to which the donation was made.
18. Third party services: TheSite may contain links to other websites ("LinkedSites"). The Linked Sites are not under the control of Otterfund, and Otterfund is notresponsible for the contents of any Linked Site or any actions taken by Linked Site, includingwithout limitation any link contained in a Linked Site, or any changes orupdates to a Linked Site. Otterfund is providing these links to you only as aconvenience, and the inclusion of any link does not imply endorsement byOtterfund of the site or any association with its operators. Certain servicesmade available via the Site are delivered by third party sites and organizations.
a. Permission to Share Information: By using any product, service or functionality originating from the Site , you herebyacknowledge and consent that Otterfund may share such information and data withany third party with whom Otterfund has a contractual relationship to providethe requested product, service or functionality on behalf of the Site's Users. When youaccess the Site through a mobilenetwork, your network or roaming provider’s messaging, data and other rates andfees will apply. Downloading, installing or using certain Site functions may be prohibited or restricted by yournetwork provider and not all Site functions may workwith your network provider or device.
b. Link to Third Party: As part of the Services you may be able to link anaccount you have with a third party service, such as a social media website. Bylinking such third party account, you agree that Otterfund may access, makeavailable to and store any Content that you have provided to and stored in suchthird party account so that it is available on or through the Services. Suchcontent may include personally identifiable information.
19. Additional Services. Otterfundmay, upon request, and for such fees as Otterfund may establish from time totime in its sole discretion, provide additional services to you beyond thebasic functionality of the Site and Services, including withoutlimitation, marketing and promotion services, leasing ticket scanning and otherequipment, providing on-site entry management consultants to assist you withyour event set-up and providing dedicated account management services. All suchadditional services, whether provided prior to, during or following your event,shall be deemed a part of the Services and subject to all the terms andconditions of the Terms. Such additional servicesshall be set forth in additional terms and conditions or other writtenagreements between you and an authorized officer of Otterfund, and shall setforth the applicable fees and the other terms and conditions relating to suchadditional services.
a. Service Modifications. Wedo not guarantee any set of product features or functionality and reserve theright at any time to, and from time to time may, modify, suspend ordiscontinue, temporarily or permanently, any part of the Services for anyreason. Because you only pay fees to Otterfund as you use the Services, therewould be no refund of fees already due following any such change to Services because the cancelled Services would have already been used byYou.
20. No unlawful or prohibited use/Intellectual Property: You are granted anon-exclusive, non-transferable, revocable license to access and use the Site strictly inaccordance with these Terms. As a condition of your use of the Site, you warrant to Otterfund thatyou will not use the Site for any purpose that is unlawful or prohibited bythese Terms. You may not use the Site in any manner which could damage,disable, overburden, or impair the Site or interfere with any other party's useand enjoyment of the Site. You may not obtain or attempt to obtain anymaterials or information through any means not intentionally made available orprovided for through the Site.
21. Use of communication services and Otterfund.com: The Site may contain bulletin board services, chat areas, news groups,forums, communities, personal web pages, calendars, and/or other message orcommunication facilities designed to enable you to communicate with the publicat large or with a group ("Communication Services"). You agree to use the Communication Services only to post, send andreceive messages and material that are proper and related to the particularCommunication Service and theoverall purpose and goal of Otterfund.
a. Agreement to be Civil: By way of example, and not as a limitation, you agree that when using aCommunication Service and or theSite, you will not: defame, abuse, harass, stalk, threatenor otherwise violate the legal rights (such as rights of privacy and publicity)of others; publish, post, upload, distribute or disseminate any inappropriate,profane, defamatory, infringing, obscene, indecent or unlawful topic, name,material or information; upload files that contain software or other materialprotected by intellectual property laws (or by rights of privacy of publicity)unless you own or control the rights thereto or have received all necessaryconsents; upload files that contain viruses, corrupted files, or any othersimilar software or programs that may damage the operation of another'scomputer; advertise or offer to sell or buy any goods or services for anybusiness purpose, unless such Communication Service specifically allows such messages;conduct or forward surveys, contests, pyramid schemes or chain letters;download any file posted by another user of a Communication Service that youknow, or reasonably should know, cannot be legally distributed in such manner;falsify or delete any author attributions, legal or other proper notices orproprietary designations or labels of the origin or source of software or othermaterial contained in a file that is uploaded, restrict or inhibit any otheruser from using and enjoying the Communication Services; violate any code ofconduct or other guidelines which may be applicable for any particularCommunication Service; harvest or otherwise collect information about others,including e-mail addresses, without their consent; violate any applicable lawsor regulations.
b. Safe Experience: Otterfund is interested in providing a safe andpositive experience for all of its Users; nevertheless, Otterfundhas no obligation to monitor the Communication Services. Otterfund reserves theright to review materials posted to a Communication Service and to remove anymaterials in its sole discretion. Otterfund reserves the right to terminateyour access to any or all of the Communication Services at any time without noticefor any reason whatsoever.
c. Right to Disclose Information: Otterfund reserves the right at all times to disclose any informationas necessary to satisfy any applicable law, regulation, legal process orgovernmental request, or to edit, refuse to post or to remove any informationor materials, in whole or in part, in Otterfund's sole discretion.
d. Warning Regarding Disclosure:Always use caution when giving out any personally identifyinginformation about yourself or your children in any Communication Service.Otterfund does not control or endorse the content, messages or informationfound in any Communication Service and, therefore, Otterfund specificallydisclaims any liability with regard to the Communication Services and anyactions resulting from your participation in any Communication Service.Managers and hosts are not authorized Otterfund spokespersons, and their viewsdo not necessarily reflect those of Otterfund.
e. Limitations: Materialsuploaded to a Communication Service may be subject to posted limitations onusage, reproduction and/or dissemination. You are responsible for adhering tosuch limitations if you upload the materials.
22. National and InternationalUsers: TheSite iscontrolled, operated and administered by Otterfund from our offices within the State of Utah, United States of America. If you access the Site from a location outside Utahand or the UnitedState of America, you are responsible for compliance withall local laws. You agree that you will not use the Protected Content accessedthrough the Site in any country or in any manner prohibited by any applicable laws,restrictions or regulations.
23. Indemnification: You agree to indemnify,defend and hold harmless Otterfund, its officers, directors, employees, subsidiaries, agents andthird parties, for any losses, costs, liabilities and expenses (includingreasonable attorney's fees) relating to or arising out of your use of orinability to use the Site or Services, any user postings made by you, your violation of any terms ofthis Agreement or your violation of any rights of a third party, or yourviolation of any applicable laws, rules or regulations. Otterfund reserves theright, at its own cost, to assume the exclusive defense and control of anymatter otherwise subject to indemnification by you, in which event you willfully cooperate with Otterfund in asserting any available defenses. In theevent Otterfund is required to defend itself against a claim by a User or otherthird party, Otterfund shall be entitled to its attorney fees upon prevailingagainst the action.
24. Arbitration: In the event the partiesare not able to resolve any dispute between them arising out of or concerningthese Terms, or any provisions hereof, whether in contract, tort, or otherwiseat law or in equity for damages or any other relief, then such dispute shall beresolved only by final and binding arbitration pursuant to the FederalArbitration Act, conducted by a single neutral arbitrator and administered bythe American Arbitration Association, or a similar arbitration service selectedby the parties, in a location mutually agreed upon by the parties. Thearbitrators award shall be final, and judgment may be entered upon it in anycourt having jurisdiction. In the event that any legal or equitable action,proceeding or arbitration arises out of or concerns these Terms , theprevailing party shall be entitled to recover its costs and reasonable attorney'sfees. The parties agree to arbitrate all disputes and claims in regards tothese Terms or any disputes arising as a result of these Terms, whetherdirectly or indirectly, including tort claims that are a result of these Terms. The parties agree that theFederal Arbitration Act governs the interpretation and enforcement of thisprovision. The entire dispute, including the scope and enforceability of thisarbitration provision shall be determined by the Arbitrator. This arbitrationprovision shall survive the termination of these Terms.
25. Class Action Waiver: Any arbitration underthese Terms shalltake place on anindividual basis; class arbitrations and class/representative/collectiveactions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMSAGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF ORCLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVEPROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINSTTHE OTHER. Further, unless both you and Otterfund agree otherwise, the arbitrator may notconsolidate more than one person's claims, and may not otherwise preside overany form of a representative or class proceeding.
26. Liability disclaimer: THE INFORMATION,SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAYINCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TOTHE INFORMATION HEREIN. OTTERFUND AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTSAND/OR CHANGES IN THE SITE AT ANY TIME.
a. OTTERFUND AND/OR ITS SUPPLIERSMAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES ANDRELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENTPERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICESAND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY ORCONDITION OF ANY KIND. OTTERFUND AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALLWARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONSOF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE ANDNON-INFRINGEMENT.
27. NoIllegal Use: The use of theSite to perpetuate a fraud or engage in any illegal act is strictly prohibited. Otterfund makes no representations or warrantthat the Otterfund Campaigns are legitimate non-profit organizations properlylicensed and established pursuant to law, nor does Otterfund represent orwarrant that the Otterfund Campaigns are not in any way fraudulent or illegal. Otterfundis not responsible for fraudulent campaigns advertised or carried out using theSite.
28. Termination/access restriction: Otterfundreserves the right, in its sole discretion, to terminate your access to theSite and the related services or any portion thereof at any time, withoutnotice.
29. GoverningLaw: To the maximum extent permitted by law, this Agreement is governed bythe laws of the State of Utah and you hereby consent to the exclusivejurisdiction and venue of courts in Utah in all disputes arising out of orrelating to the use of the Site. Use of the Site is unauthorized in anyjurisdiction that does not give effect to all provisions of these Terms,including, without limitation, this section.
30. Rightto Comply with Court Orders: You agree that no jointventure, partnership, employment, or agency relationship exists between you andOtterfund as a result of this agreement or use of the Site. Otterfund'sperformance of this agreement is subject to existing laws and legal process,and nothing contained in this agreement is in derogation of Otterfund's rightto comply with governmental, court and law enforcement requests or requirementsrelating to your use of the Site or information provided to or gathered byOtterfund with respect to such use.
31. Severability:If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable lawincluding, but not limited to, the warranty disclaimers and liabilitylimitations set forth above, then the invalid or unenforceable provision willbe deemed superseded by a valid, enforceable provision that most closelymatches the intent of the original provision and the remainder of the Agreement shall continuein effect.
32. EntireAgreement: Unless otherwise specified herein, these Termsconstitute the entire agreement between the user andOtterfund with respect to the Site and it supersedes all prior orcontemporaneous communications and proposals, whether electronic, oral orwritten, between the user and Otterfund with respect to the Site. A printedversion of this Agreement and of any notice given in electronic form shall be admissiblein judicial or administrative proceedings based upon or relating to this Agreement to the sameextent and subject to the same conditions as other business documents andrecords originally generated and maintained in printed form. It is the expresswish to the parties that this agreement and all related documents be written inEnglish.
33. NoWarranty: Otterfund, its Services and Applications arebeing provided to Users "as is" with no warranty. Otterfund reservesthe right to terminate any of the Services or Applications at any time with orwithout notice. To the maximum extent permitted by law, Otterfund disclaims allrepresentations and warranties, express or implied, with respect to the Programand Applications. Otterfund does not warrant, guarantee, or make any representationsregarding the quality or accuracy of advertisements for any products orservices offered or provided by Affiliate Stores in conjunction with Otterfund.In addition, Otterfund does not warrant that access to this site or use of itsApplications will be uninterrupted or error-free, and Otterfund assumes noresponsibility for any damage caused by your access or inability to accessOtterfund.com or Otterfund's Applications.
34. Force Majeure: Neither party shall be liable for any default or delay in theperformance of its obligations hereunder if and to the extent such default ordelay is caused by: fire, flood, earthquake, elements of nature or acts of God,riots, civil disorders, rebellions or revolutions in any country; or any othersimilar cause beyond the reasonable control of such party. In such event thenonperforming party shall be excused from further performance or observance ofthe obligations so affected for as long as such circumstances prevail and suchparty continues to use its best efforts to recommence performance or observancewithout delay.
35. Miscellaneous: Otterfund will implement and maintain organizational, physical, andelectronic security measures for the secure acceptance, processing andtransmission of funds in keeping with industry standards in global e-commerce;and Otterfund will comply with applicable data protection and privacyprotections laws, codes of practice, and any other legal obligations associatedwith the collection, use and disclosure of personal information, if any,including disclosure to provide the Services and for your use of the Site.
36. Changes to Terms: Otterfund reserves the right, in its sole discretion, to change theTerms under which the Site is offered. The most current version of the Terms will supersede allprevious versions. Otterfund encourages you to periodically review the Terms tostay informed of our updates. Yourcontinued participation in the Site and use of the Services shall be deemedacceptance of any such modification.
38. NoWaiver: Otterfund's failure to insist upon or enforcestrict performance of any provision of the Terms shall not be construed as a waiver of anyprovision or right. These Terms constitute the entire agreement between you and Otterfund with respectto the Site.
Otterfund welcomes your questions or commentsregarding the Terms:
Effective as of April 13, 2016