Terms of use

Revised: July 8, 2020

Welcome to Godonatenow. This Terms of Use Agreement (“Terms of Use”) is a legal agreement between you and Godonatenow, LLC on its behalf and on behalf of its subsidiaries and affiliates (“Godonatenow”, “we”, “us”, “our”). By using the Godonatenow website or mobile applications (collectively, "Godonatenow Platform" or “Platform”), you acknowledge that you have read, understood, and agree to abide by and comply with all terms contained in or referenced by these Terms of Use.

If you do not understand any of the terms of this Agreement, please contact us before using the Platform.

If you do not agree with these Terms of Use, then please do not use the Platform. Section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

We reserve the right, in our discretion, to update or revise these Terms of Use at any time without notice to you. The most current version of the Terms of Use can be reviewed by clicking on the "Terms of use" hypertext link located at the bottom of our website.

Your continued use of the Platform following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

1. Governing Law

The Platform is governed by the laws of the United States of America. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Platform. Although the Platform may be accessible worldwide, we make no representation that materials on the Platform are appropriate or available for use in locations outside the United States of America, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Platform from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

2. About Godonatenow

Godonatenow is a crowdfunding platform that allows fundraisers to raise money online from friends, family, colleagues, donors and other supporters (collectively, “Donors”).

3. Registration and Use

Certain areas of the Platform may require registration. In respect of your use of these areas of the Platform, you agree to:

  1. Provide true, accurate, current and complete information about yourself as prompted by the Sign up form.
  2. Maintain and promptly update such information to keep it true, accurate, current and complete.

Godonatenow is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the Platform should assist them in setting up any relevant accounts and supervise their access to the Platform. By allowing your child access to the Platform, he or she will be able to access all of the Platform, which may now or in the future include public and private communication tools as well as other features that may not be appropriate for use by children unsupervised. Please remember that the Platform is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether the Platform and/or the Content are appropriate for your child.

4. Privacy

From time to time, you may be requested to provide Godonatenow with personal information. Such personal information is subject to Godonatenow's Privacy Policy. View the Godonatenow Privacy Policy.

5. Payment Processing

By using our Platform, you agree that payment for donations will be facilitated via the Platform through a third-party payment processor. The processing of payments will be subject to the terms, conditions, and privacy policies of our payment processors (currently, Stripe, Inc., and Safaricom PLC), in addition to these Terms of Use.

6. Fees

The fees (“Fees”) we charge for using Godonatenow Platform are described on the Pricing and fees page. Godonatenow reserves the right, in its discretion, to revise the Fees at any time and to post such revised Fees on the Pricing and fees page. Please check the Pricing and fees page periodically for changes.

In addition to the Fees, you are also obligated to pay all taxes, fees and other charges imposed by any governmental authority ("Taxes").

7. Refund Policy

Godonatenow expects that anyone wishing to donate consider their decision carefully and check donation amounts during transactions.

We recognize that it is possible to make an error when making online donation or for the Donors to change their mind about the donation made.

Under this policy, Godonatenow is able to refund your donation before the funds were disbursed to the fundraiser. In the event that Godonatenow has disbursed funds to the fundraiser, refund requests must be directed to the fundraiser and handled in accordance with their separate refund policy (if any). Godonatenow is not liable for any damages or losses caused by Godonatenow issuing refunds.

8. User content

Godonatenow users may post, upload and/or contribute content to the Platform, including information, text, data, photographs, audio, video, images, graphics, logos, trademarks, service marks and other materials (“User Content”). You represent that you have the right to post any User Content which you post to the Platform, and that such User Content, or its use by us as contemplated by this Term of Use, does not violate these Terms of Use, applicable law, or the intellectual property rights of others. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you post on or in connection with Godonatenow.

Godonatenow does not monitor, review, or edit User Content, but reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Godonatenow’s sole discretion, violates these Terms of Use. Godonatenow may take these actions without prior notification to you. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

Godonatenow is not responsible for User Content nor does it endorse any opinion contained in User Content.

9. Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Godonatenow may terminate access to the Platform for any user who is alleged to infringe another party’s copyright upon receipt of proper notification to Godonatenow by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Platform in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

  1. electronic or physical signature of the copyrighted work owner (or authorized person);
  2. a description of the copyrighted work, including the URL on Godonatenow Platform where this infringing content is available or a copy of it;
  3. your contact details: email address, telephone and address;
  4. a statement in “good faith belief” that the work is not authorized by the copyright owner; and
  5. a statement by you, person who sends the takedown notice, that the information you send in the notice (above information) is accurate and that you are either the copyright owner or you are authorized to act on copyright owner’s behalf.

Notices to Godonatenow regarding any alleged copyright infringement should be directed to Godonatenow via email at: godonatenow@godonatenow.com.

10. Viruses, Hacking and Other Offences

You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. You must not attack our Platform via a denial-of-service (“DoS”) attack or a distributed DoS attack. By breaching this provision, you may commit a criminal offence in a number of different jurisdictions. Godonatenow may report any such breach to the relevant law enforcement authorities and we may co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform will cease immediately. Godonatenow will not be liable for any loss or damage caused by a distributed DoS attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any material posted on it, or on any website linked to it.

11. Termination

You agree that Godonatenow may in its sole discretion, terminate your account (or any part thereof) or use of the Platform, and remove and discard any content within the Platform, for any reason, including, without limitation, for lack of use or if Godonatenow believes that you have violated or otherwise not complied with any provision of, the Terms of Use. Godonatenow may also in its sole discretion and at any time discontinue providing the Platform, or any part thereof, with or without notice. You agree that any termination of your access to the Platform under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Godonatenow may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Platform. Further, you agree that Godonatenow shall not be liable to you or any third party in any way for any termination of your access to the Platform.

12. Links to Other Websites

Our Platform may contain links to third-party websites or services that are not owned or controlled by Godonatenow.

Godonatenow has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Godonatenow shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

13. Ownership

The Platform, Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other intellectual property laws. You acknowledge and agree that the Platform and Content, including all associated intellectual property rights, are the exclusive property of Godonatenow and/or its licensors or authorizing third parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform, Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Godonatenow used on or in connection with the Platform and Content are trademarks or registered trademarks of Godonatenow. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Platform, Content, and/or User Content are used for identification purposes only and may be the property of their respective owners.

You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform, Content, and/or User Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Godonatenow or its licensors, except for the licenses and rights expressly granted in these Terms of Use.

14. Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  1. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Godonatenow EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED TERM OF ACCURACY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
  2. Godonatenow MAKES NO WARRANTY OR REPRESENTATION THAT:
    1. THE PLATFORM WILL MEET YOUR REQUIREMENTS;
    2. THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
    3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE;
    4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS; AND
    5. ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Godonatenow OR THROUGH OR FROM THE PLATFORM SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TERMS OF USE AND Godonatenow DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY ANY VISITOR TO THE PLATFORM OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

15. Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT Godonatenow SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Godonatenow HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  1. THE USE OR THE INABILITY TO USE THE PLATFORM;
  2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM;
  3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM;
  5. RESULTS OF THE PLATFORM, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT; OR
  6. ANY OTHER MATTER RELATING TO THE PLATFORM.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE PLATFORM OR THESE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. IF YOU DO NOT DO SO YOU EXPRESSLY WAIVE ANY RIGHT YOU HAVE TO DO SO.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF USE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF Godonatenow OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16. Accounts, Passwords and Security

Certain features or services offered on or through the Platform may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Godonatenow immediately of any unauthorized use of your account or password, or any other breach of security.

17. Indemnification

You agree to indemnify and hold Godonatenow harmless from any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including without limitation reasonable legal fees, that may arise in connection with:

  1. your use of and access to the Platform; and
  2. your failure to comply with any provision of these Terms of Use.

18. Arbitration

You agree that all disputes between you and Godonatenow (whether or not such dispute involves a third party) with regard to your relationship with Godonatenow, including without limitation disputes related to these Terms of Use, your use of this Platform, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and Godonatenow hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither you nor Godonatenow will participate in a class action or class-wide arbitration for any claims covered by this agreement.

You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Godonatenow is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Godonatenow or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

You may opt out of this agreement to arbitrate. If you do so, neither you nor Godonatenow can require the other to participate in an arbitration proceeding. To opt out, you must notify Godonatenow in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

Godonatenow, LLC
ATTN: Legal – Arbitration Opt Out
1942 Broadway St. STE 314C
Boulder, Colorado 80302

You must include your name and residence address, and a clear statement that you want to opt out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Godonatenow.

19. Entire Agreement

These Terms of Use constitute the entire agreement between you and Godonatenow with respect to the subject matter of these Terms of Use, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms of Use. These Terms of Use create no third party beneficiary rights.

20. Violations

Please report any violations of the Terms of Use to Godonatenow via email: godonatenow@godonatenow.com.