The Website provides a platform which facilitates gifts by Donors but is not responsible to ensure that Donors actually pay their pledges. You agree that the Website acts only as a passive platform for online fundraising and giving, without any obligation to monitor content or disputes neither between Organizations and Donors nor between other users. Organizations agree to not abuse other users’ personal information. Abuse is defined as: using personal information for any purpose other than those explicitly specified in the Organization’s campaign.
Collection Of Payment
Generush will collect payment pending on the services that you register for. Platform Package and ACH fees will be withdrawn from the deposit account that is associated with the merchant’s Generush account.
In some cases ACH/ECheck transactions are pre-funded to the merchant’s account. Transactions that are rejected or returned by the donor’s financial institution for any reason are subject to a $25 return fee and the pre-funded amount will be deducted from the merchant’s account.
Information On This Website
The contents of this Website are protected by law, including, but not limited to, United States copyright law and international treaties. The material and functionality provided herein are used for information and convenience purposes only, and do not constitute advice, recommendations or counsel. The contents should not be relied upon in any way other than for informational purposes. The contents are subject to change without notice to You. GENERUSH makes no representation that the materials on this Website are accurate, appropriate or available for use in all locations. You should seek advice from the appropriate professional prior to making any decisions based on the information contained herein. Your interactions with the website may be recorded and viewed for the purpose of improving visitor experience.
By submitting content and other intellectual property (“Submission”) on the Website, you agree to the following terms: A. You are publishing your Submission, and you may be identified publicly by your name or User ID in association with your Submission. B. You further agree that your Submissions will not contain third-party copyrighted material or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material and to grant GENERUSH the entire license rights granted herein. C. You will pay all royalties and other amounts owed to any person or entity based on your Submissions. E. GENERUSH shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your submissions. F. All information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which that content originated. G. GENERUSH will not be liable for any errors or omissions in any Submission. H. GENERUSH cannot guarantee the identity of any other Users with whom you may interact while using the Service. I. All Content you access through the Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
The copyright in all material provided on this Website is held by GENERUSH or by the original creator of the material together with GENERUSH. None of the material may be copied, reproduced, distributed, republished, downloaded, displayed, or posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without prior written permission of GENERUSH or the copyright owner. Any unauthorized use of any material contained on this Website may violate laws of the United States and other territories including, but not limited to, copyright laws, trademark laws, the laws of privacy or publicity, and communications’ regulations and statutes.
The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Website are the Trademarks of GENERUSH and others. Nothing on this Website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Website, without the express written permission of the Trademark owner. The name Generush or the Generush logo may not be used in any way without prior written permission from GENERUSH. GENERUSH prohibits use of the Generush logo as a “hot” link to the Website unless the establishment of such a link is approved in advance by GENERUSH in writing. Organizations’ names are the trademarks of the respective organization and are used on the Website for identification purposes only.
If this Website includes hypertext links to sites controlled or hosted by third parties, GENERUSH is not responsible for, and does not endorse, the contents of such web sites.
Disclaimer Of Warranties
Limitation Of Liability
To the maximum extent permitted by applicable law, in no event will GENERUSH or its directors, employees, agents, subcontractors, partners, or licensors, be liable under any legal or equitable theory, for any lost profits, indirect, incidental, special, punitive, or consequential damages of any kind whatsoever, costs for procuring substitute products or services, substitute goods, including, but not limited to, any damages resulting from any bugs, viruses, trojan horses, or the like (regardless of the source of origination). GENERUSH shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond its reasonable control.
All claims and disputes arising under, or relating to, this Agreement are to be settled by binding arbitration in the state of Missouri. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award, as a result of any such arbitration proceeding, shall be in writing, and shall provide an explanation for all conclusions of law and fact, and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. An award of arbitration may be confirmed in a court of competent jurisdiction.