Blessity.org, Online crowdfunding website of eCharis, Inc., a Wisconsin non-profit corporation. (referred to herein as “eCharis” or “Blessity.org”)
Effective April 1, 2017
ACCEPTANCE OF TERMS/TERMS OF SERVICE
This Agreement constitutes the complete and entire understanding between eCharis, Inc. and you in connection with your use of this Service, content and software displayed on the Blessity.org, and hyperlinks to the Blessity.org. This Agreement supersedes any prior agreements, proposals, and or understandings between you and eCharis, Inc., including but not limited to prior versions of the Agreement. The failure of eCharis, Inc.to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. 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 Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms and Conditions may only be modified by an authorized executive of eCharis, Inc. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. Blessity.org processes payment transactions through 3rd-party payment solutions such as Stripe, WePay and PayPal, among others. eCharis, Inc. is not a chartered banking entity. All funds that are not part of a fee paid to eCharis, Inc. by users of Blessity.org are paid directly to 3rd-party payment solutions. eCharis, Inc. will not be liable or responsible for any funds or tax obligations on those funds paid to 3rd-party payment solutions. Donors and Church Partners and Persons in Need agree not to involve Blessity.org in any litigation that occurs due to using the Service. Blessity.org is owned by eCharis, Inc. and will not be held liable for any loss or damage due to failure to comply to the terms of this Agreement.
Electronic communications from Blessity.org will be sent to church partners to inform them of a variety of events that inform them about the state of their fund. Church partners agree to allow Blessity.org to send these communications to their email address. Church partners also agree that Blessity.org is not liable for any user 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 Blessity.org website and communications sent outside of the Blessity.org system.
Blessity.org reserves the right to delete Campaigns at our sole discretion and to redirect funds when necessary.
Blessity.org has the right to, though will not be obligated to, in Blessity.org’s sole discretion, to remove any content or block any individual or entity for any reason.
Blessity.org will have no obligation to provide a refund of any amounts previously paid.
By visiting Blessity.org you are responsible for protecting your equipment (computer, etc.) from any harm resulting from a visit to the website.
As a Blessity.org user, the online donation page you publish will be publicly available on the internet, for all to see, including search engines like Google and Yahoo. There are no private or hidden Blessity.org donation pages. Your activity is public.
Blessity.org may attempt to verify your identity and other information you provided to us, and we may delay, withhold, reverse, redirect or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any information to our satisfaction.
Blessity.org requires all church partners to sign up for an account by completing all required fields on the relevant application pages on the Site. As part of the registration process, you agree to provide:
(a) information about yourself that is truthful, current, complete and accurate; and
(b) update this information so as to maintain its accuracy.
You are solely responsible for maintaining the confidentiality of your church code and all uses of your Partner Account regardless of whether you have authorized such uses. You shall not share your account with anyone else. You agree not to use the account or church code of anyone else.
All of your registration information must be accurate and truthful. You agree to notify Blessity.org immediately if you discover that your User account has been used without your authorization or there has been any other breach of your User account’s security. You also agree to provide additional information we may reasonably request and to answer truthfully and completely any questions we might ask you in order to verify your identity.
In this Agreement the following phrases are defined as:
Blessity.org: Online crowdfunding website of eCharis, Inc., a Wisconsin non-profit corporation.
Service: Blessity.org website and its functions.
Church Partners: Church representatives using the Service to raise funds for others.
Persons in Need: People who benefit from funds raised.
Service Providers: Providers of the needs for which funds are being raised.
Campaigns: The fundraising campaigns.
Users: Church Partners and Persons in Need, Donors, and other visitors to the Service.
Donors: An individual or entity that contributes to a fund or posts a comment to a fund.
Contributions: Funds contributed by a Donor to a Campaign.
Blessity.org is a venue/what we do
Blessity.org is an online Christian fundraising/crowdfunding website that provides fundraising tools to Christian individuals and families seeking to raise money for their own Campaigns and to contribute to the Campaigns of others. Campaign causes and projects can include: neighborhoods in need, memorial/funeral expenses, medical expenses, tuition assistance, adoption fundraising, funding for mission trips, and other Christian causes. Each Church Partner who creates an active account may submit personal fundraising need on behalf of someone in need whom they have met with. Each Campaign allows Donors to donate money toward a specified goal, established by the Church Partner. Funds are distributed directly to the provider of the need, i.e. hospital, landlord, utility for at least 90% of needs. Gift cards for food or gas may be distributed, but never cash. Users use the Service at their own risk.
Eligibility to use the service
You are not eligible to use the Service without consent if you are under 18 years of age, or the age of majority as that is defined in your jurisdiction, whichever is older. By visiting Blessity.org or accepting this Agreement, You represent and warrant to Blessity.org that you have reached the age of majority in your jurisdiction and that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to Blessity.org that you will use Blessity.org in a manner consistent with any and all applicable laws and regulations. You are not eligible to use the Service if you have previously been suspended from using the Service for any reason and we have not explicitly authorized you to resume using the Service. We reserve the right to refuse use of the Service to anyone and to reject, cancel, interrupt, remove or suspend a Campaign at any time for any reason without liability.
Tax and legal representations
As a condition of using our service, you represent to us that:
(a) The funds you obtain through the methods on our website will be used solely for the purposes described in the materials that you post;
(b) 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 for your project.
Nothing contained in the Terms or the Service constitutes legal advice. If you have any questions regarding your legal rights and legal obligations, you should consult with your own attorney.
PROHIBITED ACTIVITIES/PROHIBITED CAMPAIGNS
You may not use the Blessity.org service for activities that violate any law, statute, ordinance or regulation related to: (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) certain weapons or knives.
You may not use the Blessity.org service for activities that violate any law, statute, ordinance or regulation related to transactions that: (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) 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, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing, or (g) 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.
You may not use the Blessity.org service for activities that violate applicable laws or industry regulations regarding the sale of: (a) tobacco products, or (b) prescription drugs and devices.
You may not use the Blessity.org service for activities that violate any law, statute, ordinance or regulation related to: involve 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 unless the operator has obtained prior approval from Blessity.org and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
Church Partners and Persons in Need are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam others. You must comply with all applicable laws and regulations in carrying out your Campaign.
Blessity.org is not a place for hatred, abuse, disrespect, profanity, meanness, harassment, or spam. We reserve the right to remove Campaigns for such activities.
OUR LICENSE TO YOU/RIGHTS AND LICENSES
(a) Blessity.org’s Ownership Rights. Blessity.org and its licensors own all right, title and interest, including without limitation all worldwide intellectual property rights in Blessity.org’s Products and Services, and all such rights to all derivative works or enhancements of, in and to, or relating to, the Blessity.org Products and Services. By entering into this Agreement or by Your participation, You will not acquire any intellectual property or similar rights in the Blessity.org Products and Services other than a limited right to use the Products and Services for Your personal benefit. You agree You will not (i) remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Blessity.org Products and services; or (ii) use Blessity.org’s name, logo, trademark, trade names or service marks except as expressly permitted in this Agreement without Blessity.org’s prior written consent.
(b) Your Ownership Rights. Subject to the licenses granted in this Agreement, You retain all right, title and interest, including without limitation all worldwide intellectual property rights, in and to Your Content that is submitted, posted or displayed by You on or through Blessity.org. By posting or providing Content You grant Blessity.org an unlimited, worldwide, non-exclusive right and license to use, display, distribute, copy, share, modify and create derivative works of Your content without further compensation or payment. Blessity.org shall not acquire any right, title or interest in or to such Content, except as provided herein. Any rights not granted by You herein are deemed retained by You. You represent and warrant that your User Content and our use of your User Content 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.
You agree that You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which offer such information, (I) containing or suggesting an endorsement by Blessity.org of You or Your Content; or (ii) relating to this Agreement, without the prior review and written approval of Blessity.org. Notwithstanding the foregoing, You may accurately disclose and describe Your Participation and Your Content (for example, describing and promoting Your Content on Your blog, social media sites, or in emails).
You understand that all fundraising campaigns, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service. As more fully described in (“Termination”), You have the right to terminate this Agreement and revoke certain licenses You are granting in this Agreement, with respect to Content You provide. If You choose to revoke in writing any of Your revocable licenses, Blessity.org will use commercially reasonable efforts to remove Your Content from the Blessity.org Site reasonably upon receipt of Your written notice of revocation. You acknowledge that You are aware that Blessity.org has limited practical ability to control or monitor possible infringement of Your intellectual property rights by other parties and that Blessity.org assumes no responsibility for controlling or monitoring such intellectual property rights. In addition, Blessity.org is not responsible for enforcing Your intellectual property or for suing or taking other legal action against infringers. You or a third party licensor, as appropriate, are responsible for protecting Your intellectual property rights.
UNSOLICITED IDEA SUBMISSIONS
Consistent with our culture of open innovation, we are always pleased to hear from our user community and welcome comments or suggestions to improve our products and services. However, to avoid future misunderstandings when new products, services and features developed internally by Blessity.org employees might be similar or even identical to a submission received by Blessity.org, the following Blessity.org policy applies to all third party submissions to Blessity.org of ideas, comments, suggestions, proposals or materials: (a) all submissions shall be considered non-confidential and non-proprietary; (b) we will have no obligation concerning the submission, contractual or otherwise (including, without limitation, confidentiality); (c) we will not be liable for any use or disclosure of any submission; and (d) Blessity.org shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to the submitting person.
COPYRIGHT INFRINGEMENT/DMCA NOTICE AND COMPLAINT OF INTELLECTUAL PROPERTY INFRINGEMENT
The contents of Blessity.org, and of all other Web sites under Blessity.org’s control, whether partial or otherwise such as text, graphics, images, logos, button icons, sounds, video, software and other Blessity.org content, are protected under both United States and foreign copyright, trademark and other laws. All Blessity.org Content is the property of eCharis, Inc. or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Blessity.org website is the exclusive property of Blessity.org and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the Blessity.org Content may violate these laws, and is strictly prohibited. You may use the Site and its content and materials only for the purposes stated in this Agreement. You may copy such content for your own personal, non-commercial use only, or as otherwise provided herein, provided you do not alter it or remove any copyright, trademark or other proprietary notice.
As a Donor to a Blessity.org online campaign page you have the option to publicly display your donation for all to see, including search engines like Google and Yahoo. To hide your Contribution, including your name, comment and/or Facebook photo from others visitor and search engines alike, simply click the ‘Anonymous’ checkbox during the donation process.
As a Donor, you are solely responsible for asking questions and investigating Campaigns to the extent you feel is necessary before you make a Contribution. All Contributions are made voluntarily and at your sole discretion and risk. Blessity.org doesn’t guarantee that Contributions will be used as promised or that the Campaign will achieve its goals. Blessity.org does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, or Contribution, or the truth or accuracy of content posted on the Service. You are solely responsible for determining how to treat your Contribution for tax purposes.
TRANSACTIONS BETWEEN PARTIES
Blessity.org serves as a funding platform for Donors and Church Partners and Persons in Need. If a Campaign is found to be in violation of the terms of this Agreement, Blessity.org reserves the right to terminate the Church Partners account or the Church Partners campaign(s). Blessity.org does not warrant that funds will be used for any particular purpose and is not responsible for any misuse of the funds by the Campaign Owner or the intended beneficiary. In addition, donations made on Blessity.org are non-refundable. All further dealings following a contribution are solely between Donors and Campaign Owner or the intended beneficiary.
DISPUTES BETWEEN CHURCH PARTNERS AND PERSONS IN NEED AND CONTRIBUTORS
Blessity.org can serve as an intermediary between Donors and Church Partners and Persons in Need, but is under no obligation to become involved in disputes between Church Partners and Persons in Need and Contributors, or Users and any third party. In the event of any dispute, such as a Campaign Owner’s alleged failure to comply with the Terms or alleged failure in completing a Campaign, we may provide the Campaign Owner’s contact information to the Donor so that the two parties may resolve their dispute. If a Campaign Owner is found to be in violation of the terms of this Agreement, Blessity.org also reserves the right to terminate the account(s). Blessity.org does not warrant that funds will be used for any particular purpose and is not responsible for any misuse of the funds by the Campaign Owner or the intended beneficiary. In addition, donations made on Blessity.org are non-refundable. All further dealings following a contribution are solely between Donor and Campaign Owner or the intended beneficiary.
FEES AND PAYMENTS
Blessity.org does not charge any mandatory fees! We are a FREE service!! We do provide an opportunity for the Donor, and Church Partner to donate to Blessity.org, allowing us to continue providing our free service. Setting up an account on the Service is free. We do not charge fees to Donors, or to the Church Partners, but ask Church Partners to contribute 5-10% of funds raised back to Blessity.org to cover operational costs. By using the Service you agree to our fees listed here http://Blessity.org/pricing-fees. Changes to fees are effective after we post notice of the changes on the Service. Updated fees are applied to Campaigns launched after the notice is posted. You are responsible for paying all taxes associated with your use of the Service. Contributions are usually made via credit card through PayPal. We are not responsible for the performance of PayPal or any 3rd party credit card processing services.
Users are also agreeing to one of the following fees based on the user’s selection during the sign-up process.
Payment processing services for Church Partners on Blessity.org are provided by PayPal and are subject to the PayPal Account Agreement, which includes the Paypal Terms of Service (collectively, the “PayPal Services Agreement”).
Blessity.org makes no guarantees regarding any aspect our third party payment processor’s decision to transact donations between the campaign creator and the Donor. Additionally, Blessity.org does not guarantee full receipt of the pledged amount because it does not control the financial transaction. Blessity.org is the only party that can initiate refunds, and it is at their own discretion to do so. Contributions, along with our fees and charges, are not refundable.
Your taxing authorities may classify funds you raise on Blessity.org as taxable income to you and any beneficiary who will receive funds directly from your Campaign. We encourage you to consult with a licensed tax advisor from your local jurisdiction when planning your Campaign so that you understand and prepare for the tax obligations you may incur from the funds you raise.
THIRD-PARTY WEBSITES, ADVERTISERS OR SERVICES/NON AFFILIATED CONTENT, SITES, AND SERVICES
The Blessity.org website and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Blessity.org, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Blessity.org and certain other Blessity.org Sites contain links to social media sites, including but not limited to authentication modules and fundraising modules. These links are provided solely as a convenience to You and not as an endorsement by Blessity.org of the content on such social media sites. Blessity.org is not responsible for the content, accuracy of such content, or manner in which such content is provided to these third party social media sites. You specifically agree that the use of these social media sites in conjunction with Blessity.org is at your own risk.
You agree that Blessity.org shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with third party sites or vendors. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Blessity.org is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Blessity.org, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
If you are a Campaign Owner that accepts Stripe or a Donor that uses Stripe, you agree to comply with the Stripe Acceptable Use Policy.
Blessity.org offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. Blessity.org permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that
(a) your use of the Blessity.org RSS feed is in conformity with this Agreement,
(b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it,
(c) you provide, adjacent to the RSS feed, proper attribution to Blessity.org’ as the source,
(d) your use or display does not suggest that Blessity.org promotes or endorses any third party causes, ideas, web sites, products or services,
(e) you do not redistribute the RSS feed, and
(f) your use does not overburden Blessity.org’s systems. Blessity.org reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time. Use of the Service beyond the scope of authorized access granted to you by Blessity.org immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Blessity.org.
BLESSITY.ORG SERVICE LIMITATIONS
You acknowledge that Blessity.org may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that maybe transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Blessity.org has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Blessity.org reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Blessity.org shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Blessity.org without restriction or consent.
You agree that Blessity.org, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Blessity.org believes that you have acted inconsistently with the letter or spirit of the Agreement. Further, you agree that Blessity.org shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
VIOLATIONS OF THE ACCEPTABLE USE POLICY
We encourage you to report violations of this Agreement to Blessity.org immediately. If you have a question about whether a type of transaction may violate this Agreement, you can email Blessity.org’s Compliance Department at: http://www.Blessity.org/contact/
DISCLAIMER OF WARRANTIES/NO WARRANTY/DISCLAIMER
Blessity.org has no fiduciary duty to you. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU AGREE THAT USE OF THE BLESSITY.ORG SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. BLESSITY.ORG DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BLESSITY.ORG SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE BLESSITY.ORG SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BLESSITY.ORG DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE BLESSITY.ORG SITE OR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
LIMITATION OF LIABILITY
BLESSITY.ORG (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES YOU PAID TO BLESSITY.ORG FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BLESSITY.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
GOVERNING LAW/FORUM OF DISPUTE
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 Wisconsin, without regard to its conflict of law provisions. You and Blessity.org agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Milwaukee, Wisconsin.
You agree that: (i) the Service shall be deemed solely based in Wisconsin (where we have our headquarters); and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Blessity.org, either specific or general, in jurisdictions other than Wisconsin.
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 Wisconsin.
If you fail to bring a dispute in compliance with these “Forum of Dispute” provisions, we 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.
WAIVER AND RELEASE
If you are a resident in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
We do not represent that materials on the Blessity.org site are appropriate for use in all locations. Persons who choose to access the Blessity.org site do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Church Partners and Persons in Need should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. We merely provide a technology platform to allow Church Partners and Persons in Need to connect with Donors. Those who access or use the Service do so at their own volition and are entirely responsible for compliance with applicable law.
You agree to indemnify and hold Blessity.org, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another.
COOPERATION WITH AUTHORITIES AND POLICE ENFORCEMENT
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service when requested.
You agree Blessity.org may provide notifications to you via email, written or hard copy notice, or through conspicuous posting of such notice on our website. You may opt out of certain means of notification or to receive certain notifications.
All subpoenas must be properly served on Blessity.org by mailing the subpoena to our Wisconsin registered agent:
6108 248th Ct.
Salem, WI 53168
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of this Agreement, or otherwise unenforceable, this Agreement will remain in force as though they had been entered into without that unenforceable provision being included in it. Blessity.org’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
CHANGES TO THIS AGREEMENT
We may amend this Agreement from time to time. When we amend this Agreement, we 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.
If you have any questions about these Terms, the practices of this site, or your dealings with this Website or complaints, please contact us at contact@Blessity.org or at address:
6108 248th Ct.
Salem, WI 53168