Terms of Use

Last Modified: August 28, 2023

Acceptance of the Terms of Use 

These terms of use are entered into by and between you and PAYMENT-AS-A-SERVICE CORPORATION, D/B/A CLICK & PLEDGE (“Company,” “Click & Pledge”, “we,” or “us”). The following terms and conditions, together with any documents that are expressly incorporated by reference, including, without limitation, the Company’s Privacy Policy located at: https://clickandpledge.com/privacy/ (collectively, the “Terms of Use”) govern your access to and use of: (i) the Click & Pledge System (as defined herein); and (ii) https://clickandpledge.com/,  including any content, functionality, and services offered on or through https://clickandpledge.com/ (the “Website”), whether as a guest or a registered user. The Click & Pledge System and the Website are sometimes jointly and severally referred to herein as, the “Platform”. 

You are sometimes referred to as a “User” throughout these Terms of Use. 

Please read the Terms of Use carefully before you start to use the Platform. By using the Platform you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to the Terms of Use, you must not access or use the Platform.  

YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND USE THE PLATFORM. IF YOU ARE 13 YEARS OR YOUNGER, DO NOT USE THIS WEBSITE FOR ANY PURPOSE. BY USING THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY AND MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THIS WEBSITE.

By accepting these Terms of Use, you certify that you are of the legal age of majority in the jurisdiction in which you reside and you represent that you are legally permitted to use the Platform. These Terms of Use are void where prohibited by law.  Unless otherwise agreed or permitted by Click & Pledge in writing, you cannot share or transfer any software or other materials you receive from Click & Pledge in connection herewith.  

Changes to the Terms of Use 

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Platform.  

Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each and every time you access the Platform so you are aware of any changes, as they are binding on you.  

Accessing the Platform and Account Security

We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, in our sole and absolute discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users. 

You are responsible for both: 

• Making all arrangements necessary for you to have access to the Platform. 
• Ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them. 

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with the Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. 

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. 

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use. 

Section I

Use of the Platform

1. Limited License. Subject to the terms and conditions of these Terms of Use, you are hereby granted a personal, non-exclusive, limited, non-transferable, non-sublicensable, freely revocable license to use the Platform for your personal, noncommercial use only and as permitted by the Company and the features of the Platform. The Company reserves all rights not expressly granted herein, on the Platform, and the Company’s intellectual property (as more fully discussed below). The Company may terminate this license at any time for any reason or no reason. Click & Pledge retains ownership of the Platform, and except as expressly set forth herein, no other rights or licenses are granted or to be implied under any Click & Pledge intellectual property.  
2. Services. Your use of the Platform gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion (collectively, the “Services”) and we may subject the Services in all ways to the Click & Pledge End User License Agreement by and between the Company and a User.
3. Click & Pledge System. The Company provides services to certain Users by enabling and processing on-line pledges and credit card payments to a User from visitors to such User’s internet site (the “User’s Site”) via the Click & Pledge System. The Company maintains a “Click & Pledge” URL, HTML, hypertext button, or text link (the “Link”) on such User’s Site. The Link provides a “pop up” webpage on such Users Site maintained by the Company that contains an interface by which any Person making a payment, pledge, or other contribution through the Website (“Payor”) may (i) designate pledges to certain Users (to be mailed to such User by Payors) and (ii) initiate credit card payments to such User (together with the Link, the “Click & Pledge System”).
4. User Account. 
   1. Types of Accounts. Your account on the Platform (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion and the Company may at any time require any User to execute the Click & Pledge End User License Agreement for such User’s continued access to the Platform.
   2. Applicability. If you open a User Account on behalf of a team, company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Use, and that you agree to these Terms of Use on such entity’s behalf. By connecting to Company with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
   3. Security. You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use strong passwords (unguessable passwords of sufficient length and entropy) with your User Account. You must notify the Company immediately of any breach of security or unauthorized use of your User Account. the Company will not be liable for any losses caused by any unauthorized use of your User Account.
5. Support. As part of the Services, you may be entitled to customer support as more fully set forth in Your Comments and Concerns below. Click & Pledge is not obligated to provide you with any maintenance, technical, or other support for the Platform.
6. Prohibited Conduct.
   1. No Export. You agree that you will not export or re-export any of the Platform or Confidential Information received from Click & Pledge except as authorized by United States law and the laws of the jurisdiction in which the Platform was obtained.  In particular, but without limitation, no part of the Platform may be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists.  By using the Platform, you represent and warrant that you are not located in any such country or on any such list.  You also agree that you will not use the Platform for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You certify that the Platform will only be used for evaluation and testing purposes, and will not be rented, sold, leased, sublicensed, assigned, or otherwise transferred.  Further, you certify that you will not transfer or export any product, process or service that is a direct product of the Platform.
   2. No Reverse Engineering. You may not, and you agree not to enable any third party, to decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Platform or any services provided by the Platform, or any part thereof.
7. Third Party Data and Services. Portions of the Platform may include third party software and other copyrighted material. Acknowledgements, licensing terms, and disclaimers for such material are contained in the Platform, and your use of such material is governed by such respective terms.  Mention of third parties and third-party products in any materials, advertising, promotions or coupons provided to you are for informational purposes only and constitute neither an endorsement nor a recommendation.  All third-party product specifications and descriptions are supplied by the respective vendor or supplier, and Click & Pledge shall have no responsibility with regard to the selection, performance, or use of these vendors or products.  All understandings, agreements, or warranties, if any, take place directly between the vendors and prospective users.  
8. Miscellaneous.
   1. Location of Service. The Platform is controlled and operated from facilities in the United States. The Company makes no representations that the Platform is appropriate or available for use in other locations. Those who access or use the Platform from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Platform if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Platform are solely directed to individuals, companies, or other entities located in the United States.
   2. California Residents. The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
   3. Availability. We may, without prior notice, change the Platform; stop providing the services or features of the Platform, to you or to Users generally; or create usage limits for the Platform. We may permanently or temporarily terminate or suspend your access to the Platform without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms of Use, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Use.
   4. Feedback. Click & Pledge may provide you with the opportunity to submit bug reports, questionnaires, enhancement requests, issue reports and/or support information (collectively, “Feedback”) to Click & Pledge.  Click & Pledge may request this information from you through by email, web questionnaires, bug forms, and other mechanisms. By agreeing to these Terms of Use, you agree that Click & Pledge may contact you from time to time, and you hereby consent to receive such communications.  Except as otherwise set forth in the Privacy Policy, you agree that in the absence of a separate written agreement to the contrary, Click & Pledge will be free to use any Feedback you provide for any purpose.  

Section II

Intellectual Property Rights 

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 

These Terms of Use permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows: 

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. 
• You may store files that are automatically cached by your Web browser for display enhancement purposes. 
• You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution. 
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, provided you agree to be bound by our end user license agreement for such applications. 

You must not:

• Modify copies of any materials from this site. 
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text. 
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. 

If you wish to make any use of material on the Platform other than that set out in this section, please address your request to: support@ClickandPledge.com 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. 

Section III

Trademarks 

The Company name, the terms “Click & Pledge”,  the Company logo, and all related names, logos, product and service names, designs, and slogans are or will be trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Platform are/will be the trademarks of their respective owners. 

Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms of Use.  

You agree not to use the Platform: 

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).  
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set forth in these Terms of Use. 
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation. 
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing). 
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform, or expose them to liability. 

Additionally, you agree not to: 

• Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform. 
• Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform. 
• Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent. 
• Use any device, software, or routine that interferes with the proper working of the Platform. 
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. 
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.  
• Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack. 
• Otherwise attempt to interfere with the proper working of the Platform. 

Section IV

User Generated Content 

1. Generally. The Platform may contain message boards, personal profile pages, forums, bulletin boards, feature landing pages, support ticketing systems, aggregate and categorical lists, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Generated Content” or “User Contribution”, as applicable) on or through the Platform.
2. Content Standards and Restrictions. All User Generated Content must comply with the Content Standards set forth in these Terms of Use. You agree that you will not create, transfer, share, send, submit or upload any User Generated Content that: 
   1. is protected by copyright, patent, trademark or trade secret or otherwise subject to third-party proprietary rights, including but not limited to rights of privacy and publicity (unless you are or have permission from the rightful owner); 
   2. contains fraudulent statements or misrepresentations that could damage Click & Pledge or any third party; 
   3. contains any statements or materials that disparage, ridicule or scorn Click & Pledge or any third party; 
   4. is obscene, defamatory, threatening, harassing, predatory, pornographic, hateful, racially or ethnically offensive, or encourages conduct that would violate any law or is otherwise inappropriate; 
   5. is an advertisement or solicitation of business; 
   6. is an impersonation of another person; or     
   7. otherwise violates these Terms of Use or the Privacy Policy.

3. License. Any User Contribution you post to the Platform will be considered non-confidential and nonproprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, worldwide, fully paid-up, transferable, irrevocable, royalty-free and perpetual license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.

  

4. Representation and Warranties. You represent and warrant that:

1. 1. 1. Acknowledge that you have received good and valuable consideration from Click & Pledge for the license of the rights in your User Generated Content under these Terms of Use; 
      2. Agree that your creation or distribution of User Generated Content is not in any way based upon any expectation of compensation from Click & Pledge, its affiliates, licensors or distributors; 
      3. Agree that Click & Pledge, its affiliates, and licensors may – but are not required to – use your name, username, or applicable trademarks in connection with the distribution of your User Generated Content; 
      4. Warrant and represent that: (A) you created your User Generated Content; (B) you have all necessary rights to your User Generated Content to fulfill your obligations under these Terms of Use; and (C) your User Generated Content does not infringe on the intellectual property or other rights of any third party and is not obscene, defamatory, offensive or an advertisement or solicitation of business; and
      5. All of your User Contributions do and will comply with these Terms of Use.

You acknowledge that the Company has entered into these Terms of Use expressly on the reliance of the truth and accuracy of the representations and warranties set forth above. 

5. Power of Attorney. You hereby appoint Click & Pledge as your attorney-in-fact to request from third party’s removal under the Digital Millennium Copyright Act or other applicable law or basis, in Click & Pledge’s sole and absolute discretion, of any of your User Generated Content posted on a third-party network or Internet site. You agree to not contest Click & Pledge’s request for removal of your User Generated Content from such network or Internet site.  You also agree to execute all documents, as requested by Click & Pledge, to effect such removal.
6. Liability. You understand and acknowledge that you are responsible for any User Generated Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. WE ARE NOT RESPONSIBLE OR LIABLE TO ANY THIRD PARTY FOR THE CONTENT OR ACCURACY OF ANY USER GENERATED CONTENT POSTED BY YOU OR ANY OTHER USER OF THE PLATFORM.
7. Confidentiality.

1. Definition of Confidential Information. You agree that the Resources and any information concerning the Platform (including its nature and existence, features, functionality, and screenshots) and any other information disclosed by Click & Pledge to you in connection herewith will be considered and referred to in these Terms of Use as “Confidential Information.”  Information that otherwise would be deemed Confidential Information but (a) is generally and legitimately available to the public through no fault or breach of yours, (b) is generally made available to the public by Click & Pledge, (c) is independently developed by you without the use of any Confidential Information, (d) was rightfully obtained from a third party who had the right to transfer or disclose it to you without limitation, or (e) any third party software and/or documentation provided to you by Click & Pledge and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such software and/or documentation will not be considered Confidential Information under these Terms of Use.  All Confidential Information remains the sole property of Click & Pledge and you have no implied licenses or other rights in the Confidential Information not specified in these Terms of Use. 
2. Nondisclosure. Except as expressly permitted in this Section 7, you agree that you will not disclose, publish, or otherwise disseminate any Confidential Information to anyone other than individuals or as otherwise expressly permitted or agreed to in writing by Click & Pledge.  You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Confidential Information, including preventing access to or display of the Platform to third parties. You agree to use the Confidential Information solely for the permitted uses as set forth in these Terms of Use. You agree not to use Confidential Information otherwise for your own or any third party’s benefit without the prior written approval of an authorized representative of Click & Pledge in each instance.  You hereby acknowledge that unauthorized disclosure or use of Confidential Information could cause irreparable harm and significant injury to Click & Pledge that may be difficult to ascertain.  Accordingly, you agree that Click & Pledge will have the right to seek immediate injunctive relief to enforce obligations under these Terms of Use in addition to any other rights and remedies it may have.    

Section V

Monitoring and Enforcement; Termination

We have the right to: 

• Remove or refuse to post any User Generated Content for any or no reason in our sole discretion. 
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for the Company. 
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. 
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.  
• Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use. 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. 

However, we cannot undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.  

Section VI

Content Standards 

These content standards apply to any and all User Generated Content and use of Interactive Services. User Generated Content must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Generated Content must not: 

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable. 
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age. 
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person. 
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy. 
• Be likely to deceive any person. 
• Promote any illegal activity, or advocate, promote, or assist any unlawful act. 
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person. 
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.  
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising. 
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. 

Section VII

Copyright Policy 

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Platform infringe your copyright, you may request removal of those materials (or access to them) from the Platform by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: 

• Your physical or electronic signature. 
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Platform, a representative list of such works. 
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. 
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address). 
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law. 
• A statement that the information in the written notice is accurate. 
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. 

Our designated agent to receive DMCA Notices and Counter-Notices is: 

Click & Pledge Support Department 

Payment-as-a-Service Corporation d/b/a Click & Pledge

Email: support@ClickandPledge.com 

Phone: (866) 999-2542

 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. 

Please be aware that if you knowingly materially misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. 

If you believe that material you posted on the Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following: 

• Your physical or electronic signature. 
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.  
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled. 
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Platform may be found) and that you will accept service from the person (or an agent of that person) who provided the Platform with the complaint at issue. 

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice. 

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

 

Section VII

Reliance on Information Posted 

The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitors to the Platform, or by anyone who may be informed of any of its contents. 

The Platform may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 

Section IX

Changes to the Platform 

We may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.  

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.  

Section X

Linking to the Website and Social Media Features 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.  

This Website may provide certain social media features that enable you to: 

• Link from your own or certain third-party websites to certain content on this Website. 
• Send emails or other communications with certain content, or links to certain content, on this Website. 
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. 

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: 

• Establish a link from any website that is not owned by you. 
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking. 
• Link to any part of the Website other than the homepage. 
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use. 

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. 

We may disable all or any social media features and any links at any time without notice, at our sole and absolute discretion.  

Section XI

Links from the Platform 

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. 

Section XII

Limitation of Liabilities

1. Geographic Limitation. The owner of the Platform is based in the Commonwealth of Virginia in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. 

2. Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE 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 ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

3. As-Is. YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

4. Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

The limitation of liability set out above does not apply to liability resulting from our gross negligence. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

5. Indemnification. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, attorneys, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your violation of these Terms of Use, (ii) your use of the Platform, (iii) your User Generated Content, (iv) any use of the Platform’s content, services, and products other than as expressly authorized in these Terms of Use, or (v) your use of any information obtained from the Platform. 

Section XIII

Interpretation and Dispute Resolution

1. Governing Law. All matters relating to the Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction). 

2. Jurisdiction and Venue. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Virginia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

3. Arbitration. At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Virginia law. 

4. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

Section XIV

Assignment, Waiver, and Severability 

These Terms of Use may not be assigned by you in whole or in part. Any assignment made to the contrary shall be null and void. The Company may assign these Terms of Use at any time.

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.  

Section XV

Entire Agreement 

The Terms of Use, our Privacy Policy, End User License Agreement, and any additional licenses accompanying the Services (if applicable), including any appendices, exhibits, or schedules thereto, as amended from time to time, constitute the sole and entire agreement between you and Click & Pledge and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. To the extent these Terms of Use and the Privacy Policy conflict, the Privacy Policy controls. To the extent there is a conflict between the Terms of Use and the End User License Agreement, the End User License Agreement shall control.  To the extent there is a conflict between the Terms of Use and any additional licensing agreement, such licensing agreements shall control.  

Section XVI

Your Comments and Concerns 

The Platform is Operated by Payment-As-A-Service Corporation, D/B/A Click & Pledge, 2200 Kraft Drive, Suite 1000, Blacksburg, Virginia 24060.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy (above) in the manner and by the means set out therein. 

All feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: support@ClickandPledge.com 

All questions about billing and balances should be directed to: support@ClickandPledge.com  

Link to EULA: (HERE)

Link to Privacy Policy: (HERE)