www.CrystalClearDonations.com (hereinafter CCD) is a product of Eleosity PBC, a public benefits corporation registered in Delaware.
CCD charges a flat fee of 2.75% on all payments collected. CCD uses Stripe as a payment portal to ensure that all donations automatically go directly to the Campaigning Institution (CI). A chained payment mechanism provided by Stripe extracts Stripe’s fee and the 2.75% CCD fee.
In addition to CCD’s 2.75% fee, donors are also agreeing to Stripe’s fees. Stripe charges 2.9% AND $0.30 per transaction. Read Stripe’s Terms & Conditions (www.stripe.com).
Eleosity PBC is not the same company as Stripe and their fees and commissions are subject to change without notice from us.
As a CCD CI, the online donation page published for you will be publicly available on the internet, for all to see, including search engines like Google and Yahoo.
As a CCD CI, you are independently responsible for complying with all applicable laws and all of your actions related to your use of CCD's services,
regardless of the purpose of the use. In addition, you must adhere to the terms of the following Acceptable Use Policy.
Acceptable Use Policy
Tax & Legal Representations
As a condition of posting on our website, as a CCD CI, you represent to us that:
(a) Should you obtain all the requested funds through our website, the funds will be used solely for the purposes described in the posting;
(b) Should you obtain less than all the requested funds through our website within a 90 day posting window, the total amount of obtained funds will be used solely for purposes coincident with the mission of your entity; and
(c) You will comply with all relevant local, state, and federal laws applicable to you when you solicit funds, particularly but not limited to the laws relating to your marketing and solicitation.
Prohibited Activities
As a CCD CI, you may not use CCD for activities that violate any law, statute, ordinance or regulation related to sales of:
(A) items that facilitate, encourage, promote or instruct others to engage in illegal activity;
(B) certain controlled substances, narcotics, steroids, or other products that present a risk to consumer safety;
(C) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
(D) drug paraphernalia; (E) items that promote racial intolerance, hate, violence, or the financial exploitation of a crime;
(F) ammunition, firearms, or certain firearm parts or accessories; (G) items that are considered obscene; (H) certain sexually oriented services or materials;
(I) certain weapons or knives regulated under applicable law relate to transactions that:
(1) are for the sale of certain items before the seller has control or possession of the item; (2) show the personal information of third parties in violation of applicable law;
(3) are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing;
(4) support pyramid or Ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs; (5) are by payment processors to collect payments on behalf of merchants;
(6) are associated with purchases of real property, annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card; or
(7) provide certain credit repair or debt settlement services involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent violate applicable laws or industry regulations regarding the sale of: (a) prescription drugs; (b) devices involving gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; or (c) tobacco products.
Violations of the Acceptable Use Policy
Eleosity PBC encourages you to report violations of this Acceptable Use Policy to CCD immediately.
In this document the following phrases are defined as:
Service: This web site, CCD.
Campaigning Institution (CI): An individual or entity that registers an account for the service.
Donor: An individual or entity that donates to a campaign or posts a comment to a campaign.
Introduction
These Terms and Conditions may only be modified by an authorized member of CCD.
These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Stripe processes payment transactions. Eleosity PBC is not a chartered banking entity. The CI will receive all donations. Fees will be paid from the donations.
Fees include Stripe’s fee and CCD’s fee. As a CCD CI, you will not hold Eleosity PBC liable or responsible for any funds or tax obligations on those funds paid.
Donors and CIs agree not to involve Eleosity PBC in any litigation that occurs due to using the website.
Eleosity will be held liable for any loss or damage due to failure to comply to the terms of this agreement.
Disclaimer of Warranties
ELEOSITY PBC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE.
AS A CCD CI, YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT ELEOSITY PBC MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS,
FOR NON-LIMITING REASONS INCLUDING, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY,
YOU AGREE THAT ELEOSITY PBC IS ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT ELEOSITY PBC IS NOT RESPONSIBLE IN ANY WAY FOR OFFERS MADE BY THIRD PARTIES THROUGH OUR WEBSITE. THIS INCLUDES ANY FAILURE OF ANY GOODS OR SERVICES TO MEET YOUR EXPECTATIONS.
ELEOSITY PBC IS NOT RESPONSIBLE FOR ANY THIRD PARTY CHARITABLE OFFERS THAT MAY TURN OUT TO BE FRAUDULENT, IRRESPONSIBLE, OR OTHERWISE ADVERTISED IN BAD FAITH.
ELEOSITY PBC IS NOT RESPONSIBLE FOR ANY FAILURES ON THE PART OF OUR THIRD PARTY PAYMENT PROCESSORS. ELEOSITY PBC IS NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY,
INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS "REPRESENTATIONS & WARRANTIES"
SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability
that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, Eleosity PBC does not disclaim liability
for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
CCD Service
CCD enables CIs to collect money into their own Stripe accounts for a specific purpose. Upon becoming a CI through the Registration process,
or a Donor through the Donation process, you agree that Eleosity PBC may, in our sole discretion, modify the terms of this Agreement by updating
the modified terms to the CCD website. By continuing to use the product after registering you are accepting the modified Terms and Conditions of Service.
By using CCD, you agree to the following:
1) You are to alert the CCD about any unauthorized use of your CI accounts.
2) You are at least 18 years of age.
3) You will comply with all local, state/provincial, regional & national laws in your area of residence.
4) You agree to allow CCD to use anonymous aggregate data to enable CCD to offer a better service in the future.
Indemnification
You agree to defend, indemnify and hold harmless Eleosity PBC, Eleosity PBC employees, and Eleosity PBC agents
from and against any and all claims and expenses, including attorneys’ fees, costs, and disbursements, arising
out of your use of CCD, including but not limited to, out of your violation of any representation or warranty
contained in these Terms and Conditions. In the event of a claim such as one described in this paragraph, Eleosity
PBC may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though Eleosity PBC had proceeded with a trial.
CCD Accounts
Eleosity PBC reserves the right to delete CI accounts at our discretion. You are fully responsible for any content you post as a CI or a Donor. You agree by becoming a CI or Donor that you will not:
1) Attempt to circumvent or otherwise bypass the designated method of payment as provided by CCD;
2) Use obscenities, sexually explicit content, abusive/hateful language, or copyrighted material in any area of the site;
3) Provide information that is not complete and accurate; or
4) Use your CCD account for any illegal purposes.
Eleosity PBC has the right to, in the sole discretion of Eleosity PBC, to remove any content or block any individual or entity for any reason.
Eleosity PBC will have no obligation to provide a refund of any amounts previously paid. By visiting CCD, you are responsible for protecting
yourself from content that is offensive or harmful that may have been posted on the website by another CI. By visiting CCD, you are responsible
for protecting your equipment (computer, etc.) from any harm resulting from a visit to the website.
Choice of Law
These Terms and Conditions and our provision of services to you shall be governed by the laws—state, federal, or otherwise—applicable in the State of Maryland.
Forum of Dispute
Any dispute arising from or relating to these Terms and Conditions or our provision of services to you must be resolved in a court of competent jurisdiction in the State of Maryland.
If you fail to bring a dispute in compliance with these “Forum of Dispute” provisions, Eleosity PBC may make a motion to dismiss your claim, which you must consent to,
and you will be responsible for all of our reasonable attorneys’ fees, costs, and disbursements involved in making such a motion. Additionally, the successful party in
any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys’ fees, cost, and disbursements.
Communications
Electronic communications from CCD will be sent to CIs to inform them of a variety of events that inform them about the state of their campaign.
As a CCD CI, you agree to allow CCD to send these communications to your email address. You also agree that CCD is not liable for any CI
generated content that is sent to you as a part of these communications. You agree that you are liable for any communications you send to
potential Donors promoting your campaign. These communications include, but are not limited to, “share” emails sent through the CCD and communications sent outside of the CCD system.
Severability
In the event that a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision of the Terms and Conditions,
or otherwise unenforceable, the Terms and Conditions will remain in force as though they had been entered into without that unenforceable provision
being included in it. If two or more provisions are deemed to conflict with each other’s operation, Eleosity PBC shall have the sole right to elect which provision remains in force.
Amendments
Eleosity PBC may amend this Agreement from time to time. When Eleosity PBC amends this Agreement, Eleosity PBC will update this page and indicate the date that it was last modified.
You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You must visit this page each time you come to our website and
read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
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