Give Lively - Terms of Use

updated on 8.22.2017

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN THE ENTITY OR PERSON ("YOU","YOUR","DONOR", "NONPROFIT" or "USER") AND GIVE LIVELY, LLC, (HEREINAFTER, “GIVE LIVELY” OR “WE” OR “OUR” OR “US”), WHICH PROVIDES A VARIETY OF FEATURES AND FUNCTIONALITY, INCLUDING THE COLLECTION OF PAYMENT CARD INFORMATION FOR DONATIONS MADE THROUGH MOBILE APPLICATIONS AND WEBSITES (THE "SERVICES"). BEFORE ACCESSING, DOWNLOADING OR USING ANY PART OF THE SERVICES, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT BECAUSE YOUR ACCESS TO AND USE OF THE SERVICES ARE SUBJECT TO THESE TERMS OF USE (THE “TOU”), AS WELL AS TO ALL APPLICABLE LAWS AND REGULATIONS. GIVE LIVELY IS WILLING TO LICENSE AND ALLOW THE USE OF THE SERVICES ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TOU. IF YOU DO NOT AGREE WITH THESE TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SERVICES AND ARE INSTRUCTED TO DELETE OR OTHERWISE REMOVE THE SERVICES FROM YOUR DEVICE(S) IMMEDIATELY. THESE TERMS OF USE MAY BE CHANGED, MODIFIED, SUPPLEMENTED OR UPDATED BY GIVE LIVELY FROM TIME TO TIME WITHOUT ADVANCE NOTICE BY POSTING ON THE WEBSITE AND YOU WILL BE BOUND BY ANY SUCH CHANGED, MODIFIED, SUPPLEMENTED OR UPDATED TERMS OF USE IF YOU CONTINUE TO USE THE SERVICES AFTER SUCH CHANGES ARE POSTED. THE DATE THESE TERMS OF USE WERE LAST UPDATED IS STATED AT THE BEGINNING AND END OF THIS DOCUMENT. YOU ARE ENCOURAGED TO REVIEW THESE TERMS OF USE PERIODICALLY FOR UPDATES AND CHANGES.

TERMS AND CONDITIONS

Description of the Service
Give Lively creates Mobile Applications and Websites that allow donors the opportunity to make charitable gifts. Give Lively creates Mobile Applications and Websites that allow nonprofits to receive charitable gifts from donors.

Registration & Restrictions; Eligibility
Registration may be required if you want to make a donation or utilize any of the additional functionality of the Services. If you opt to register, you will be required to create an account, and in doing so you will need to provide us with some personally identifiable information, including your name and email address. During registration and thereafter, donors may have the option of providing payment information that they can use to make donations to charitable organizations via the Services, as further described below.

As part of the registration process, you may be asked to create a user name and password. The username and password that you provide are your credentials (“Credentials”), and you will use these Credentials in order for the Services to authenticate you as a registered user. You may not have more than one active set of Credentials. Additionally, you are prohibited from selling, trading, or otherwise transferring your Credentials to another party. You also agree to provide true, accurate, current and complete information about yourself as prompted during the registration process. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Give Lively has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). If you use the Services, you are responsible for maintaining the confidentiality of your Credentials and for restricting access to your device. You agree to accept responsibility for all activities that occur under your account. You agree to notify us immediately - by emailing us at support@givelively.org - of any unauthorized use of your account or any other breach of security.

Please note that unless as qualified below, you must be 18 years of age or older to use the Services. Use of the Services is voidable where prohibited. If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Services if you are not permitted to do so by such local jurisdiction. If you are less than 18 years of age, you are only permitted to use the Services with parental/guardian consent and supervision.

Integration with Social Media
We may also provide you the ability to register or otherwise link to, or integrate with, certain social media platforms, such as Facebook®, Twitter®, Pinterest®, Google®, and others as a service to you or in order to provide you additional venues in which you can leverage or share the giving opportunities of the Services. Please note that in any instance with which you provide us with your login credential for such platforms, Give Lively will have access to all information related to such account(s) – as permitted by the policies of such platforms and your then current privacy settings, if applicable. By opting to provide us with your login credentials, you hereby assent to any such access that we may have. If you have any questions or concerns about such access, then we suggest you review the applicable social media platform’s policies and your privacy settings prior to providing us with any such information.

Trademarks and Service Marks
Certain trademarks are the service marks and trademarks of Give Lively or one of its affiliates. All page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Give Lively or one of its affiliates. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Services are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from these Services without the prior written authorization of Give Lively or their respective owners.

Copyright
Except as otherwise expressly stated, all content appearing on the Services is the copyrighted work of either Give Lively or its third party content suppliers or authorized users, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content is also the exclusive property of Give Lively, and is protected by U.S., and international copyright laws.

Except as otherwise expressly stated herein or as expressly permitted, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or content obtained from the Services, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Give Lively, or any applicable third-party suppliers or authorized users. The use of content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Give Lively. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Give Lively does not warrant nor represent that your use of any content or materials displayed on the Services will not infringe rights of third parties.

Give Lively License Grant
Give Lively Services are provided by Give Lively, and these TOU provides to you a revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Services on any mobile device or tablet that you own or control and to use the Services solely for your own use. Your use of the Services and any other services, materials or information made available through the Services is conditioned on your continued compliance with the terms and conditions of these TOU. Accordingly, you expressly acknowledge and agree that Give Lively transfers no ownership or intellectual property interest or title in and to Give Lively.

No Solicitation or Endorsement
The Services provide users with the ability to make a donation, and to request that the donation gets disbursed to a charitable organization selected from an aggregated list. In some cases we may also display a charitable organizations logo or provide additional information about that charitable organization, apart from the aggregated list. Be advised that the listing or display of a charitable organization on the Services does not constitute a solicitation of donations; Give Lively does not engage in any solicitation activities on behalf of, or endorse, any of the charitable organizations that may be included in the Services, nor does it consult on the solicitation of contributions, on behalf of any individual, entity, or organization that may be included in the Services.

Where lists or search results for charitable organizations are displayed on the Services, they have been compiled by GuideStar – a third party vendor – and is provided as a convenience to you, and is not intended to constitute advice, endorsement or recommendations of any kind. The list or search results may be updated or amended at anytime. Unless otherwise specifically indicated, Give Lively does not endorse and has no affiliation with any of the organizations listed on the Services. Similarly, any information that we may provide to you related to what charitable organizations your “Facebook friends” support or “like,” is not intended to and does not constitute advice, endorsement or recommendation by Give Lively of any organization included in the Services. In regard to the information that may be linked with any such charitable organizations listed on the Services, while we have used reasonable efforts in providing such information, we make no warranty or guarantee about the accuracy, completeness, or adequacy of the information. Give Lively has not independently verified any of the information provided by GuideStar or any other source we may use to provide information, and the sole and complete responsibility to assess, review and verify the suitability of any charitable you want to support through your donation through the Services rests entirely with you. It is the sole responsibility of donors to review and research the charitable organizations listed on the Services and determine which organization(s), if any, they would like to request that their donation gets directed to.

Reservation of Rights; Termination
Give Lively reserves the right, in its sole discretion and at any time, to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the Services, in whole or in part, including, but not limited to, as we deem necessary for purposes of maintenance, upgrades and the like, or to maintain the Services, or to comply with applicable law. Additionally, Give Lively may at any time, and for any reason or for no reason, terminate your access to the Services or your ability to use the Services. Give Lively shall not be liable to you or to any third party for any such modifications, suspensions or discontinuances of the Services.

Payment Options

Donations and Donations Processing; Rules for All Payments; Fees
Please note that when a donor selects a charitable organization that they would like to support, their donation is distributed in one of two ways:

(a) Directly to your Nonprofit

Nonprofits that create a Stripe account of their own, and link that account with ours (“Connected Account”) receive donations directly. When a donation is made through one of Give Lively’s services, it is directed to the Nonprofit’s Stripe account. Therefore, the tax receipt Give Lively sends a donor will represent a direct donation to the selected Nonprofit. Because Stripe makes fund transfers to Connected Accounts every 2 business days, Give Lively still has some control over funds directed to a Connected Account within the 2 day window. However, once the funds have been transferred to the Connected Account's bank, Give Lively is no longer in control of the funds. Stripe Connect terms are located in the Stripe Connected Account Agreement on stripe.com. Donations made nonprofits that that do not have Connected Accounts will continue to receive funds via check from Give Lively LLC, as outlined below.

(b) Through the Give Lively Foundation to your Nonprofit:

The Give Lively Foundation is a charitable fund organized as a 501(c)(3) tax-exempt organization (EIN: 81-0693451). To comply with federal tax laws and Internal Revenue Service regulations, the Give Lively Foundation retains legal control over any charitable contributions it receives, and also retains the authority and discretion to re-grant the funds to other charitable organizations as it sees fit. Although your donation is first collected and processed by this charitable fund, a donor's credit card or bank statement will list "Give Lively" as the "merchant of record" and not the charitable organization that you have designated to receive the donation. In addition to the necessity that the charity selected by you meets certain criteria, as further detailed and clarified below, please note that generally speaking, before a disbursement is made to a particular charity, a minimum of $50 is required to be collected on behalf of such charity (“Minimum Disbursement”). In instances in which the Minimum Disbursement amount is not met, donations are generally held and disbursed as follows: (1) in cases in which the aggregate donation amount(s) received from all donors for a particular charity is equal to, or greater than $50, disbursements to the designated charitable organizations are made within thirty days from the last day of the previous calendar month in which the Minimum Disbursement amount was met; or (2) in instances in which the aggregate amount(s) received from all donors for a particular charity is less than $50, then, at Give Lively’s sole discretion, either: i) a disbursement will be made to the selected charitable organization within one (1) year from the last day of the previous calendar month in which the first donation for such a particular charity was received; or ii) a disbursement will be made to an alternative charitable organization within one (1) year from the last day of the previous calendar month in which the first donation for such a particular charity was received. Please note that the foregoing information applies only to nonprofits who have not become Give Lively Nonprofit Members with Connected Accounts. Connected Account holders, as detailed and clarified above, are not subject to the Minimum Disbursement and receive funds directly.

Please note that grants will not be made to private foundations or to supporting organizations. While unlikely, it is possible that you may designate a charity that does not satisfy the then current criteria, has opted not to receive contributions made through the Services, or who returns your contribution. You therefore acknowledge and agree that, if it is determined that it would be inappropriate or improper to disburse the funds designated for a particular charity because, for example, the charity is no longer accepting donations, is no longer recognized as a public charity, is no longer in good standing with state or federal regulators, or is no longer participating as a participating charitable organization in the Services or does not or will not accept contributions from the Services, your donation may be redirected to another charitable organization, or returned to you. In such cases, without requiring any approval or assent from you, your funds may be withheld, you may be asked to select an alternate charity to receive the donation, or a disbursement of your donation may be made to another charity working in the same or similar issue or area, with or without notice to you. In instances in which donations are re-granted to an alternate charity, the goal will be to deliver the re-granted funds to the newly designated charities on no less than a quarterly basis.

Payment Methods

We currently accept Visa, MasterCard, American Express, JCB, Discover, and Diners Club and ACH/Bank Accounts. Please note that the collection of your credit card or bank account information takes place on our Website. After your payment information is entered, it is securely transmitted to a third-party payment processor, Stripe, Inc. We have engaged the services of Stripe to process all credit card donation/payment transactions and to manage the routing of applicable customer information through the credit card and electronic check processing networks. Give Lively is not affiliated with Stripe, and we are not responsible in any way for their actions or performance (or lack thereof). Accordingly, Give Lively expressly disclaims responsibility and liability for all services provided by Stripe, including those related to donation/payment transactions, and you hereby agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your use of such services. Additionally, since Stripe will have access to the information you provide to them when making a donation/payment transaction, we recommend that you review their privacy policy – which can be accessed from their website located at stripe.com.

You hereby acknowledge and agree that, for all donations/payment transactions, you will only use a valid credit or debit card or other payment method, and that for all such payment methods you are the authorized account holder. Additionally, you also acknowledge and understand that like any tax-deductible charitable donation, your donation cannot be cancelled or returned once it has been processed, and therefore except in limited circumstances of fraud – as determined by Give Lively in our sole discretion - all donations/payment transactions are final and non-refundable as soon as a donation is processed via the Services. If you have any questions regarding any payment transaction, please contact us by email at support@givelively.org.

When a donation is made, Stripe also collects a variable processing fee depending on the payment method you select. Stripe discounts its fee for 501(c)(3) organizations. The variable fees for those nonprofits who have succesfully applied Stripe's discounted fee program are currently 3.5% when using American Express, 2.2% + .30c when using MasterCard, Visa, and Discover (“Credit Card Variable Fee”), and 0.8% with a max of $5 for ACH/bank account transactions. Please note that Give Lively pays all other expenses and fees related to the use of the Services to make a donation, so that the full amount of donations, less these aforementioned fees, are disbursed to charitable organizations.

Use of Funds
Please note that all donations made through the Services are granted to charitable organizations as unrestricted grants. Neither Give Lively nor the Give Lively Foundation monitors or controls any of the charitable organization’s activities, and neither shall be responsible, in any manner for form, for the use or non-use of any funds granted by the Give Lively Foundation to any charitable beneficiaries.

Representations and Acknowledgements
You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Give Lively Services. Further, when using the Services to make a donation on behalf of another person, you hereby represent and warrant that you are in lawful possession of such person’s contact information, and have the right to share with us such information.

In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the Give Lively Services is solely at your own risk. While Give Lively has endeavored to create secure and reliable Services, you should understand that the confidentiality of any communication or material transmitted to/from the Give Lively Services over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Give Lively is not responsible for the security of any information transmitted to or from the Services.

Prohibited Use/Activities
In addition to any other restrictions or conditions of use, you hereby acknowledge, and represent and warrant, that your use of the Services will not be, or alleged to be: (1) unlawful, unauthorized, fraudulent or malicious in purpose; (2) a violation, misappropriation or infringement on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (3) false, offensive, abusive, libelous, hateful, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, pornographic; (4) invade another's right of privacy or publicity. In addition, you agree you will not: (5) create a false identity for the purpose of misleading others or impersonate any person or entity; (6) violate any applicable local, state, national or international law; (7) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or in any way; (8) modify or make derivative works based upon the Services; (9) create Internet “links” to the Service or “frame” or “mirror” any App on any other server or wireless or Internet-based device unless the link or frame is expressly provided to you by Give Lively as part of its Services; (10) reverse engineer or access the Services in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Services or Application, or (c) copy any ideas, features, functions or graphics of the Services or Application; (11) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services; (12) interfere with or disrupt the integrity or performance of the Services or the data contained therein, or attempt to gain unauthorized access to the Services or its related systems or networks.

Give Lively will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. You acknowledge that Give Lively has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services and providing the Services, to ensure your compliance with these TOU, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Give Lively reserves the right, at any time and without prior notice, to suspend or terminate your account, or restrict, disable or permanently bar your use and access to the Services (or any portion thereof) if we believe, in our sole discretion, that you have engaged, or may engage, in any of the above prohibited activities.

DISCLAIMERS
WHILE GIVE LIVELY ENDEAVORS TO PROVIDE A RELIABLE AND FUNCTIONAL SERVICES, THE INFORMATION, APP, WEBSITE AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE APP, WEBSITE, SERVICES, AND INFORMATION, INCLUDING ANY INFORMATION THAT MAY BE PROVIDED BY GUIDESTAR. GIVE LIVELY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND WEBSITE, AND ALL ELEMENTS THEREOF, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, SATISFACTORY QUALITY, QUIET ENJOYMENT AND ACCURACY, OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. GIVE LIVELY ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL BE COMPATIBLE WITH YOUR MOBILE DEVICE, OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SERVICES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL GIVE LIVELY (AND ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, DEVELOPERS, NETWORKS, AND DISTRIBUTORS) BE LIABLE FOR: (i) ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OR PROFITS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE APP, WEBSITE OR ANY OF THE SERVICES; OR (ii) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY GIVE LIVELY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICES; OR (iii) ANY ACTION TAKEN IN CONNECTION WITH, OR RELATED TO, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION, OR ANY DAMAGE TO YOUR MOBILE DEVICE OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR ANY OTHER ACTION. IN NO EVENT WILL GIVE LIVELY BE LIABLE TO YOU OR ANYONE ELSE FOR DEATH OR PERSONAL INJURY, EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. BY USING THE SERVICES, YOU EXPRESSLY AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN; IF YOU DO NOT AGREE TO THIS ALLOCATION OF RISK, YOU MUST NOT USE THE SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Indemnity
You agree to defend, indemnify, and hold harmless Give Lively and affiliates and all of their respective employees, funders, parents, subsidiaries, joint ventures, affiliates, agents, developers, directors, officers and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from: i) any breach or alleged breach by you of this TOU; or ii) any act or omission related to your use of the Services; or iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.

Governing Law
This TOU has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the internal laws of the State of New York, U.S.A. as applied to agreements entered into and completely performed in the State of New York. You and Give Lively each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue to the federal and state courts located in New York County, New York.

Arbitration
At Give Lively’s discretion, any disputes or claims under this TOU or its breach may be submitted to and resolved exclusively by arbitration conducted in accordance with American Arbitration Association rules. One arbitrator appointed under such rules shall conduct arbitration. Any such arbitration shall be in New York County, New York, and the laws of New York shall be applied. Any decision in arbitration shall be final and binding upon the parties. Judgment may be entered thereon in any court of competent jurisdiction. Notwithstanding the above, Give Lively may sue in any court for infringement of its proprietary or intellectual property rights. All claims you bring against Give Lively must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Any claim or cause of action arising out of or related to use of the Services or the TOU, must be filed within one (1) year after such claim or cause of action arose regardless of any status or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be barred. Any failure to act by Give Lively with respect to a breach by you or others does not waive Give Lively’s right to act with respect to subsequent or similar breaches.

Term and Termination.
This TOU and your right to use the Give Lively Services will take effect at the moment you download or access the Give Lively Services, and is effective, binding and enforceable for as long as the Services remains on your mobile or access the Services, whichever is later. In addition, Give Lively reserves all of its legal rights to pursue any and all legal remedies if we believe you are using the Services for fraudulent or unlawful activity or you are taking any actions or omissions that violate any term or condition of this TOU, or in order to protect its name and goodwill, its business, and/or other users. Additionally, Give Lively reserves the right to terminate your use of the Services at anytime, for any reason or for no reason. Termination will be effective without notice. You may also terminate this TOU at any time by removing the Services from your device(s) and ceasing to use the Services and all of its related features, but all applicable provisions of this TOU will survive termination, as identified below. Upon termination for any reason, you agree to delete or otherwise remove the Services from your device(s). In addition to the miscellaneous section below, the provisions concerning Give Lively's proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this TOU for any reason.

No Class Action
YOU AND GIVE LIVELY AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR GIVE LIVELY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR GIVE LIVELY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND GIVE LIVELY FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, GIVE LIVELY, AND ALL PARTIES TO ANY SUCH PROCEEDING.

Changes to the Terms of Use
Give Lively reserves the right to change, alter, replace or otherwise modify these Terms of Use at any time. The date of last modification is stated at the beginning and end of these Terms of Use. It is your responsibility to check this page from time to time for updates, and you hereby acknowledge and agree that you will be bound by the then current posted Terms of Use.

Miscellaneous
This TOU constitutes the entire agreement between you and Give Lively and governs your use of the Services, superseding any prior agreements between you and Give Lively. You will not assign the TOU or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Give Lively. Any purported assignment or delegation by you without the appropriate prior written consent of Give Lively will be null and void. We may assign these TOU or any rights hereunder without your consent. Failure by Give Lively to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver by Give Lively of that or any subsequent default or failure of performance. The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Give Lively to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Services, or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the service or other features that the Services provide. If any provision (or part thereof) contained in this TOU is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and Give Lively as result of this TOU or your utilization of the Give Lively Services. Headings herein are for convenience only.

Give Lively had a relationship with Do Something Inc. “doing business as” DoSomething.org a 501(c)(3) tax-exempt organization. The charitable fund services agreement established with Do Something Inc. was valid only through June 30, 2016. For more information please refer to our FAQ or email us at support@givelively.org.

Updated on 8.22.2017


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