Terms of Use for Åcahand Foundation

Effective December 1, 2021

Welcome

Welcome to the Åcahand Foundation! By using this Site  and the Services , in addition to any additional policies applicable to specific features, content and functionality of the Services (incorporated into the Terms by reference) offered by Acahand.org, Users  agree to be bound by these Terms.

AGREEMENT TO ARBITRATION. BY AGREEING TO THESE TERMS, USERS AGREE TO RESOLVE DISPUTES WITH ACAHAND THROUGH BINDING ARBITRATION (AND WITH VERY FEW LIMITED EXCEPTIONS, NOT IN COURT), AND USERS WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS (AS DETAILED IN THE DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER BELOW).

The Åcahand Foundation may amend the Terms  at any time in our sole discretion by posting a revised version of the Terms. Unless we make clear otherwise, access to or continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms. If we make any material change to these Terms, we will notify Users by sending an email, posting a notice through the Services, or any other place(s) where appropriate.

What is the Giving Machine?

The Åcahand.org Giving Machine (GM) is an online fundraising platform for Users to seek to raise funds for their own Campaigns  and to contribute to the Campaigns and charities of others. Charities may offer Items to Contributors  in exchange for a Contribution .

Your Account and Obligations

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:

a. You must be 18 years old. You must be 18 years or older to use our Services.

b. Follow the law and our policies. You may not take any action that violates the law, infringes, or violates anyone else’s rights, or breaches any agreements or legal obligations that you have toward anyone. You may not offer any Items that are illegal, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.

c. Be truthful. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.

d. Respect the rights of others. You may not threaten, abuse, harass, defame, or engage in behavior that is libelous, tortious, obscene, profane, or invasive of another person’s privacy.

e. Avoid spam and unsolicited communications. You may not distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Do not run mail lists, listservs, or any kind of autoresponder or spam on or through the Site.

f. Respect the property of others. You may not distribute software viruses, or anything else designed to interfere with (1) the proper function of any software, hardware, or equipment on the Site or (2) the use of the Site by any other User. You may not access our Site or Services if we have prohibited you from doing so.

g. Do not engage in activities that affect the functioning of the Site. You may not bypass any measures that we have put in place to secure the Services, take actions to gain unauthorized access to any system, data, passwords, or other site or User information or Services, reverse engineer or take apart any aspect of the Services to access any underlying information, or use any kind of software to “crawl” or “spider” any part of the Site.

h. Respect privacy. When you use the Services or create a Campaign, you may receive information about other Users, including personally identifiable information (“PII”) such as names, email addresses, and physical addresses. This information is provided for purely for the purpose of fulfilling the requirements of the applicable Campaign and other Services and may not be used for other purposes, including cross-promotional marketing, without separate, verifiable consent from the User. You will maintain records of all such verifiable consent.

Legal obligations of Charities

Charities will enter into an agreement with the Acahand Foundation to publish their campaign using the GM.

The Charity  enters into a legal agreement with a Contributor when they contribute to the Campaign, which includes the following obligations (in addition to all other Terms and Additional Policies):

a. Provide any Items associated with a Campaign in the timeframe that is communicated to Contributors.

b. Notify Contributors if there are obstacles or delays with the provision of Items and Prizes.

c. Respond promptly and truthfully to all questions posed to you by Contributors.

d. If you have received the Contributions from your Campaign, issue refunds to Contributors if you cannot deliver Items.

e. Comply with all applicable laws and regulations in the use of Contributions and delivery of Items and Prizes.

Your data controller duties include:

1. Determining and qualifying the necessary legal basis or bases for your collection or processing of personal information;

2. Managing and reporting security incidents;

3. Transfers;

4. Entering into contracts only with data processors that provide adequate protections for personal data and including appropriate contractual language;

5. Maintaining records of your data processing activities;

6. Conducting any required data protection impact assessments; and

Please remember that the Charity, is solely responsible for fulfilling the obligations of their Campaign and delivering Items. If they are unable to perform on this, or any of your other legal obligations, the Charity may be subject to legal action by Contributors.

f. Charities are not allowed to request personally identifiable information via custom fields.

Contributing to a Campaign

When a Contributor contributes to a Campaign, Contributor understands that the following rules and terms apply (in addition to any other Additional Policies as mentioned in the Additional Policies section above).

a. Voluntary Contributions. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor.

b. No Guarantee. Acahand does not guarantee that Contributions will be used as promised, that Charities will deliver Items, or that the Campaign will achieve its goals. Acahand also does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Item, or Contribution, or the truth or accuracy of User Content posted on the Services.

c. Limited Refund. Acahand offers a limited refund to Contributors only where the Campaign has not ended, the Contributor has not received an Item (as confirmed by Acahand), and the Contribution has not been sent to the Charity (full terms of the Refund Policy apply). Acahand does not offer refunds outside of our Refund Policy. In any situation where refunds are not available under the Refund Policy, a Contributor should contact the Charity directly to request a refund. Acahand may at its discretion facilitate communications between a Charity and a Contributor, but we have no obligation to do so or to become involved in any way in any dispute.

d. Credit Card Charges. When you Contribute to a Campaign, your card will be charged the amount of the Contribution after you confirm and submit your payment information.

e. Communications Between Charities and Contributors. Once you have contributed to a Campaign, the Charity may need to contact you to obtain additional information such as shipping address, specific preferences for an Item  (i.e. color or size of a t-shirt), or may ask for your feedback on the Campaign. In some instances, to receive an Item, you may need to provide the requested information within the requested time frame to receive the Item, otherwise, it will not be fulfilled. Please contact us here if you receive a request for information that appears to be excessive.

f. Taxes are your responsibility. Contributors are solely responsible for determining how to treat their Contributions and receipt of any Items for tax purposes.

The Acahand Foundation Role

a. We do not endorse any User Content . While Acahand supports the creation of Campaigns, we only provide the Site for Charities to interact Users. We do not pre-screen any Campaigns or endorse any User Content on our site.

b. We may remove User Content in our discretion. If you see User Content that violates these Terms, then let us know and we may remove it. Removing content or terminating accounts is not an action we take lightly, and we may take a while to investigate and determine if User Content should be removed. We do not communicate our reasons for removing, or keeping, User Content on the Site.

c.  We do not guarantee Items or Refunds. The Charity is solely responsible for the delivery of Items and offering refunds outside of our Refund Policy.

d. We do not provide tax or legal advice to Users. Users are solely responsible for determining how the tax laws, or any other laws, apply to running a Campaign, Contributing to a Campaign, or utilizing any of the Services.

e. We do not become involved in legal disputes between Users or third parties. Though we may facilitate discussions between Users who have disputes with each other, Acahand takes no responsibility and does not have any liability for any disputes or violations of agreements between any Users, including between Charities and Contributors or Charities and any third parties.

f. Acahand may offer services to Users, including, without limitation, helping with drafting Campaign content, assisting with the design of Campaigns, and referring vendors and other service providers to Charities. Such services may be subject to separate agreements between Charities and Acahand. Even if we help with your Campaign, Charities remain solely responsible for the Campaign and must comply with all obligations herein as the only responsible party for the Campaign.

Taxes

Taxing authorities may classify Contributions as taxable income to the Charity and any beneficiary who will receive funds directly from the applicable Campaign. Acahand may ask for the tax identification number (TIN) of Charities and any beneficiaries so that we may report taxable income to the relevant taxing authorities. Acahand may provide Charities with a tax document if required by the relevant taxing authorities. Acahand is unable to provide any User or third party with tax advice and suggests that such Users or third parties consult with tax advisors of their choice.

Our Intellectual Property

a. Acahand’s Services, Content  and Marks  (collectively “Acahand Intellectual Property”), are legally protected in a number of ways, including copyright, trademark, service marks, patents, trade secrets, and other U.S. and international intellectual property laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any Acahand Content, Services, or Marks accessed through the Site or the Services. You agree not to change, translate, or otherwise create derivative works of the Services.

b. Limited User Rights; License to Acahand Content. Acahand grants you a limited license to access and use User Content and Acahand Content, solely for use of the Services (the license is worldwide, non-exclusive, non-sublicensable, non-transferable license), in accordance with these Terms. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any User Content or Acahand Content unless we give you explicit permission to do so. User Content and Acahand Content is licensed, and not sold, to you. We reserve the right to revoke this license to access and use User Content and Acahand Content granted to you at any time.

Your Intellectual Property

Your User Content remains your property and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws. When you submit User Content to the Site or via the Services, you agree to the following terms:

a. You allow us to use User Content. You grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable, right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to User Content.

b. We can make changes to or delete User Content. You grant us the right to make changes, edits, modifications, translations, formatting, or otherwise change or delete any User Content.

c. You have all legal rights to User Content. You represent and warrant that: (1) you have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Acahand with respect to your User Content; (2) your User Content does not and will not infringe any third party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law; and (3) we shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use of your User Content or have any liability to a User or any other party as a result of any use or exploitation of your User Content.

Payment Services

In all cases, standard credit card or other third-party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third-party credit card processing or third-party payment services.

System Outages and Maintenance

The Services may be unavailable for scheduled maintenance and other purposes, or because of unplanned outages or other malfunctions. We are not responsible if the Services are unavailable, or if you lose any data, information, or User Content for any reason.

Indemnity

You agree to defend, indemnify and hold harmless Acahand, its subsidiaries and affiliated companies, and their officers, directors, employees, partners, contractors, representatives, agents, and third party providers from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to, breach of these Terms (including, but not limited to, failure to fulfill a Item or refund a Contribution) or violation of any laws. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you have agreed to indemnify us and you agree to assist and cooperate with us as reasonably required in the defense or settlement of any such matters.

No Warranty

ACAHAND HAS NO FIDUCIARY DUTY TO ANY USER. THE SERVICES, ACAHAND CONTENT, USER CONTENT, AND ANY OTHER MATERIALS MADE AVAILABLE OR THROUGH THE USE OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ACAHAND AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. ACAHAND AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY SERVICES AVAILABLE ON ANY THIRD-PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF ACAHAND OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE THROUGH THE USE OF THE SERVICES, OR ON THIRD-PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD-PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK.

Disclaimer of Liability

a. Use the Services at your own risk. We make no representations about the quality, safety, morality or legality of any Campaign, Item or Contribution or the truth or accuracy of User Content posted on the Services. We do not guarantee the fulfillment or the performance of any Items, or that Contributions will be used as described in the Campaign. We do not endorse User Content posted on the Site or in any Services and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of such User Content. Acahand is not liable for any damages or losses related to your use of the Services. We do not become involved in disputes between Users, or between Users and any third party relating to the use of the Services.

b. You release us from all claims. When you use the Services, you release Acahand from claims, damages, and demands of every kind – known or unknown, suspected, or unsuspected, disclosed, or undisclosed – arising out of or in any way related to such disputes and the Services. All Content that you access or use through the Services is entirely at your own risk and you are solely responsible for any resulting damage or loss to any party.

c. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND USER CONTENT, AND ANY CONTACT YOU HAVE WITH OTHER USERS OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER ACAHAND NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ACAHAND HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE SERVICES; (F) ANY COMMUNICATIONS OR OTHER INTERACTIONS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES; OR (G) YOUR CAMPAIGNS OR CONTRIBUTIONS.

IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF ACAHAND AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, SERVICES, OR USER CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO ACAHAND BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.

Legal Disputes

Legal Disputes Not Subject to Arbitration Will Be Handled in Salt Lake City, UT and Subject to Utah Law.

Acahand is in based in Salt Lake City, Utah, so for any actions not subject to arbitration, you and Acahand agree to submit to the personal jurisdiction of a state court located in Salt Lake City, UT, or the United States District Court for Utah. The Terms and the relationship between you and Acahand shall be governed in all respects by the laws of the State of Utah, without regard to its conflict of law provisions.

Dispute Resolution

Dispute Resolution, Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

We encourage you to contact us if you have an issue, as most issues can be resolved without the involvement of a court or arbitrator. If negotiations do not resolve any disputes relating to your use of Acahand or these Terms, you and we agree to submit the dispute to arbitration. The only exceptions to arbitration are (1) for intellectual property claims alleging misuse, Infringement, or misappropriation of intellectual property; (2) for claims falling within the jurisdiction of small claims court; and (3) where you have opted out of arbitration in accordance with these Terms.

Judgment on the arbitration award may be entered in any court with jurisdiction. Arbitrations may only take place on an individual basis. No class arbitrations or other grouping of parties is allowed. By agreeing to these terms, you are waiving your right to trial by jury or to participate in a class action or representative proceeding; we are also waiving these rights. If this prohibition of class arbitrations or other grouping of parties is deemed unenforceable, then this entire “Dispute Resolution, Arbitration and Class Action Waiver” shall be deemed void and severed from the Terms. We follow a Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness for all arbitrations done under these terms. Among other things, this means that if you initiate an arbitration against us, you will be required to pay a $250 filing fee, and Acahand will pay for the other fees, including arbitrator fees. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. It also means that the arbitration will be held in the county in which you live, or any other location we agree upon. If you do not live in the United States, however, you agree to initiate arbitration in Salt Lake City, Utah. If any portion of these terms do not follow that standard, that portion is severed from these terms.

To file an arbitration, you must: (a) submit a Demand for Arbitration and $250 in filing fees to JAMS; and (b) send one copy of the Demand for Arbitration to Acahand, ATTN: Legal Department.

You can opt-out of the arbitration and class action waiver provisions set forth above by sending an email letting us know that you are opting out by contacting us with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT” within thirty (30) days of your first use of the Site, or the Effective Date of the first Terms of Use containing an arbitration and class action waiver provision, whichever is later. Otherwise, you agree to arbitrate. If you opt-out of the arbitration and class action waiver provisions set forth above, we will not be subject to them either with respect to any disputes with you.

Acahand will provide thirty (30) days’ notice of any changes to this section by updating these Terms, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted the Site or sent to you. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this paragraph is not enforceable or valid, then this subsection shall be severed from the section entitled “Dispute Resolution, Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.

This “Dispute Resolution, Arbitration and Class Action Waiver” section shall survive any termination of your account, these Terms, or the Services.

Full Agreement Between You and Us

These Terms are the entire agreement between You and Acahand with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Acahand with respect to the Services and govern our relationship. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Acahand’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Miscellaneous

We may modify or discontinue the Services at any time, in our sole discretion. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Acahand’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Services, whether brought in arbitration or before a court of law, must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

[1] “Site” refers to the Acahand.org and LightOrlando.org and websites.

[2] “Services” refers to the Site, mobile applications or connected applications, other offerings and services provided on the Site

[3] “User”, “you” or “your” refers to a Charity, Contributors or any other visitor to the Site or users of the Services, either individually or collectively

[4] “Terms” or “Terms of Use” refers the Terms of Use, Acahand’s Privacy Policy, all applicable laws, and all conditions or policies referenced here;

[5] “Campaigns” are any fundraiser on the Site which enables a Charity to accept Contributions from other Users.

[6] “Contributors” refers to any User that makes a Contribution to a Charity through the Giving Machine.

[7] “Contribution” refers to any monetary or non-monetary transactions made to a Campaign 

[8] “Charity” or “charities” refers to a nonprofit organization, recognized by the IRS as described in Section 501(c)(3) of the IRC formed to support exempt purposes.

[9] “Item” refers to what a Contributor may receive in exchange for making a Contribution to a Campaign. This can include, but is not limited to, entries into a drawing or contest, prizes that a Contributor may receive from winning a drawing or contest, and any other tangible or intangible goods that are provided to a Contributor;

[10] “User Content” refers to Content uploaded, transmitted or posted to the Services by a User, including User Content in a Campaign

[11] “Content” refers to all software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, videoclips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof offered through the Services

[12] “Marks” refers to the trademarks, service marks, and logos used and displayed throughout the Services or in any or in any Acahand Content

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