Last Updated: September 14, 2017
This is a legal agreement (“Agreement”) between you (referred to herein as the “User”, “you” or “your”) and The Advocator Ventures, LLC (referred to herein as the “The Advocator”, the “Company”, “we” or “our”). These Terms govern your use and access of The Advocator site http://www.theadvocator.com, and any software applications (collectively, the “Services”), or accessing any content or material that is made available through the Service.
THE SERVICES COMPRISE AN ONLINE CROWDFUNDING PLATFORM THROUGH WHICH PEOPLE AND ENTITIES SEEKING TO RAISE FUNDS FOR THEIR OWN COALITIONS AND TO CONTRIBUTE TO THE COALITIONS OF OTHERS. COALITION LEADERS CAN OFFER GIFTS OR REWARDS IN THE FORM OF TANGIBLE ITEMS OR INTANGIBLE SERVICES (COLLECTIVELY “GIFTS”) TO CONTRIBUTORS. GIFTS ARE NOT OFFERED FOR SALE. THE ADVOCATOR MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SAFETY, MORALITY OR LEGALITY OF ANY COALITION, GIFT OR CONTRIBUTION OR THE TRUTH OR ACCURACY OF USER CONTENT (AS DEFINED BELOW) POSTED ON THE SERVICES. THE ADVOCATOR DOES NOT REPRESENT THAT COALITION LEADERS WILL DELIVER GIFTS OR THAT CONTRIBUTIONS WILL BE USED AS DESCRIBED IN THE COALITION. THE ADVOCATOR HAS NO CONTROL OVER THE CONDUCT OF USERS AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. USERS ACCESS AND USE THE SERVICES AT THEIR OWN RISK.
USERS AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT THEY ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF THE ADVOCATOR, INCLUDING, WITHOUT LIMITATION, BY INAPPROPRIATELY USING ANY INTELLECTUAL PROPERTY OF THE ADVOCATOR. USERS ACT EXCLUSIVELY ON THEIR OWN BEHALF AND FOR THEIR OWN BENEFIT, AND NOT ON BEHALF OF THE ADVOCATOR.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE WEB SITE, VIA ANY MOBILE APPLICATION OR OTHERWISE THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES OR HAVE AN ACCOUNT WITH THE ADVOCATOR (EACH, AN “ACCOUNT”). IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEB SITE, APPLICATION, AND SERVICES.
You acknowledge and agree that you alone are responsible for any and all Gifts that you provide or receive through the website or Services. Accordingly, Coalition Leaders represent and warrant that any Gift they provide via the Web Site, App and Services will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Gifts listed or included in a Coalition via the Services, website that you post (including having all required permits, licenses and registrations). Please note that The Advocator assumes no responsibility for a Coalition Owner’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. You acknowledge and agree that as a Coalition Owner or Contributor you are responsible for your own acts and omissions. The Advocator reserves the right, at any time and without prior notice, to remove or disable access to any Coalitions posted for any reason, including a Coalition that The Advocator, in its sole discretion, considers objectionable for any reason, in violation of these Terms or otherwise harmful to the website, or Services.
We may modify the Terms at any time, in our sole discretion. Upon material modification, you will receive a notice of updated terms with a summary of changes. By utilizing The Advocator Services, you give consent to the Terms in place at that time. You understand and agree that your continued use of the Services after we have made any such changes constitutes your acceptance of the new versions of the Agreements.
The Services we offer are designed to assist you with raising and donating funds. Neither The Advocator nor its Users are providing fundraising or tax deductible donation services to you. The Services we offer may change, be modified, and/or be discontinued, at any time and without notice, at our sole discretion.
A. Representations and Warranties
By using the Services, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction which restricts the use of the Services because of age, or restricts the ability to enter agreements such as this one due to age, you must abide by such age limits and you must not use the Services. Without limiting the foregoing, the Services are not available to persons under the age of 16. If you are entering into this Agreement on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity, its end users and its affiliates to this Agreement, in which case the terms “you” or “your” shall refer to such entity, its end users and its affiliates. If you do not have such authority, or if you do not agree with this Agreement, you must not accept this Agreement and may not use the Services.
To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are not currently restricted from the Services; or not otherwise prohibited from having an account with The Advocator; (2) are not a competitor of The Advocator and are not using the Services for reasons that are in competition with The Advocator; (3) will only maintain one account at any given time; and (4) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
IV. User Information
V. Your Account
A. Account Required.
In order to utilize The Advocator Services, you are required to register by creating an account (the “Account"). To register for an Account, you must be at least 15 years old. If you know a user is under the age of 15, please report them to us. You affirm that all information provided is true, accurate, current and complete. You agree to update such information, as needed, to keep it accurate, complete and up-to-date. Providing false information to create an account may result in suspension and/or termination of your Account, and/or civil and/or criminal legal action against you.
Third Party Applications
The Advocator Services may be integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that the The Advocator does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
C. Unauthorized Use of Your Account
You are responsible for maintaining the confidentiality of your password and Account and are fully responsible for any and all activities that occur under your password or Account. You agree to (a) immediately notify us of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session when accessing the Services. You agree that you are responsible for all activities that occur under your Account, whether or not you know about them. The Advocator will not be liable for any loss or damage arising from your failure to comply with this section.
D. Removal/Suspension of Your Account
1. With or Without Cause.
We reserve the right to remove and/or suspend your Account at any time without notice, with or without cause (“Removal”). You retain no rights to your User Content (as defined herein), including Coalitions, and/or the access thereto upon Removal.
2. Inappropriate Use.
You must not use the Services for any unlawful purpose. All information you provide through your Account must be truthful, accurate and current. You shall correct any information that is no longer accurate or current. You must not use the Service to “stalk” or otherwise harass another User or any other person. You must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. If you inappropriately use your Account we may remove and/or suspend it.
3. Forbidden Use.
You hereby agree that by using The Advocator Services you will not post or transmit any of the following materials on or through The Advocator Services:
4. Voluntary Account Cancellation
You may cancel your Account at any time by contacting the account administrator through the online form available here: [insert web link] on The Advocator website. Upon cancellation, you shall no longer have access to your User Content.
Upon any removal, termination, discontinuation, suspension, or cancellation of your Account, the following provisions of the Terms shall survive: Terms of sale; Content; Warranty Disclaimers; Limitation of Liability; General Terms; and this section on Survival.
VI. Terms of Sale
A. Creation of Coalitions
Coalition Leaders are not permitted to create a Coalition to raise funds for illegal activities, to cause harm to people or property, or to scam others. Users must comply with all applicable laws and regulations in connection with their Coalitions, including offering Gifts and using Contributions.
B. Tax Matters
Taxing authorities may classify funds raised on the Services as taxable income to the any beneficiary who will receive funds directly from the applicable Coalition. The Advocator may ask for the tax identification number (TIN) of any of said beneficiaries so that we may report taxable income to the relevant taxing authorities.
1. Prohibited Gifts (i.e. “Rewards”).
Coalition Leaders are not permitted to offer or provide any of the following as a Gift:
2. Performance on Gift Commitments is Responsibility of Coalition Owner.
Coalition Leaders agree to perform on any promise and/or commitment to Contributors (including delivering any Gifts). The Advocator does not recognize any third party and/or agency affiliated with the Coalition as a Coalition Owner. If a Coalition Owner is unable to perform on any promise and/or commitment to Contributors, the Coalition Owner will work with the Contributors to reach a mutually satisfactory resolution. The Advocator is under no obligation to become involved in disputes between Coalition Leaders and Contributors, or Users and any third party. In addition, The Advocator is under no obligation to become involved in disputes regarding the determination of the rightful Coalition Owner, and will not be obligated to make any changes to Coalition Owner accounts or transfer of ownership. In the event of any dispute, such as a Coalition Owner’s alleged failure to comply with the Terms or alleged failure in fulfillment of a Gift, we may provide the Coalition Owner’s electronic mailing address information to the Contributor so that the two parties may resolve their dispute.
D. Contributions Made on Voluntary Basis
Contributors are solely responsible for asking questions and investigating Coalition Leaders and Coalitions to the extent they feel is necessary before making a Contribution. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor. The Advocator does not guarantee that Contributions will be used upon receipt by PACs and lobbyists as promised, that Coalition Leaders will deliver Gifts, or that the Coalition will achieve its goals. Contributors are solely responsible for determining how to treat their Contributions and receipt of any Gifts for tax purposes.
E. No endorsement by The Advocator
The Advocator does not endorse any Coalition or Gift and The Advocator does not represent that any Coalition is suitable or safe for you. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular User or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from The Advocator with respect to such actions or omissions.
F. No Return, No Refunds
REFUNDS WILL NOT BE PROVIDED FOR ANY CONTRIBUTION. WE DO NOT PROVIDE CREDIT OR RETURN OF FUNDS FOR ANY CONTRIBUTION MADE ON THE ADVOCATOR. COALTION LEADERS WILL BE SELECTING A NATIONALLY RECOGNIZED NON-PROFIT TO RECEIVE THE FUNDS RAISED IN THE EVENT THAT FUNDRAISING TARGETS ARE NOT MET.
B. User Content.
1. Ownership of User Content.
You have the right to ownership of your User Content, such that you own and retain all of the Intellectual Property rights in any of your User Content.
2. Access of User Content.
You agree that you do not have the right to access your User Content via the Services. We reserve the right to Remove your Account for any or no reason. Upon Removal, you agree that you will no longer have access to your User Content on the Services. You agree that you have no right to such access, and you have no right to notice before Removal of your Account.
Although we have no obligation to review, screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, block, screen or edit User Content posted or stored on our Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our Services at your sole cost and expense. Further, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. You hereby waive any right to such removal and hold us harmless as to any retention of User Content.
User Perpetual License to Us
By making any User Content available through use of The Advocator, you grant to us a perpetual non-exclusive, worldwide, royalty-free, transferable license to use, copy, modify, print, post, link to, imbed links within, promote, display, perform and distribute the User Content and to create derivative works therefrom.
You are solely responsible for all of your User Content. You represent and warrant that you own all of your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that your User Content, your use and provision of your User Content to be made available through The Advocator, and any use of your User Content by us will not infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Advocator is not responsible for screening, policing, editing, or monitoring your or another User’s Content and encourages all of its Users to use reasonable discretion and caution in evaluating or reviewing any Content. Moreover, and except as provided above with respect to The Advocator's right and ability to delete or remove Content (or any part thereof), The Advocator does not endorse, oppose, or edit any opinion or information provided by its Users and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other User. The opinions, advice, statements, offers or other information or content made available through the Services are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such Content.
Rights in The Advocator Content
Subject to your compliance with these Terms, The Advocator grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view, copy, and display The Advocator Content in connection with your permitted use of The Advocator and solely for your personal and non-commercial purposes.
We exclusively own all right, title and interest in and to The Advocator Content, including all associated copyrights, trademark rights, and intellectual property rights of any kind. By utilizing the Services, you agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
Although we do not claim ownership of User Content you post using the Service, the Feedback you provide to us through the Services will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
Compliance with Subpoenas and Legal Requests
We will comply with all county, state, and federal court subpoenas and government subpoenas related to the production of records from use of The Advocator, including all User Content. By utilizing The Advocator, you hereby give Us the right to produce any and all messages or User Content of any kind produced by you to county, state, and federal courts and/or government officials in response to a subpoena or other court order.
By utilizing The Advocator Service, you agree that we may send you e-mails concerning your Account. You also agree that we may send you via email periodic emails summarizing your activity on The Advocator, as well as a weekly newsletter. You also agree that we may send you notification emails when you receive a message via the mobile App. You can change which emails you receive, or opt-out, by updating your email settings or by contacting The Advocator’s customer service support team. While this removes most emails, we may also send you service-related announcements when it’s necessary to do so.
IX. Copyright Infringement Reporting
We comply with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website here.
Please report alleged copyright infringements taking place on or through the App by completing the following DMCA Notice of Alleged Infringement and delivering it to [email protected], (“The Advocator’s Designated Copyright Agent”). Upon receipt of the Notice as described below, we will take whatever action, we, in our sole discretion, deem appropriate, including removal of the challenged material from the App.
C. DMCA Notice of Alleged Infringement ("Infringement Notice")
If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Services infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing The Advocator’s Designated Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
X. Third-Party Services
We have no control over any third party-owned websites or content referenced, accessed by or available on this site and, therefore, we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third-party websites or content or for the availability of such websites. In particular, we do not accept any liability arising out of any allegation that any third party-owned content (whether published on this, or any other, website) infringes the intellectual property rights of any person or any liability arising out of any information or opinion contained on such third-party website or content. If you link to third party sites from our Site, we encourage you to consult the policy statements and the terms and conditions of each site you visit.
XI. Payment Policy
There is no charge to create an Account with The Advocator. By using the Services, Users agree to ourPricing and Fees listed here (the “Service Fees”). Credit card payment processing services for Coalition Leaders on The Advocator are provided by Stripe, Inc. (“Stripe”) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By continuing to operate as a Coalition Owner through the Services, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition to The Advocator enabling credit card payment processing services through Stripe, you agree to provide The Advocator accurate and complete information about you and your business, and you authorize The Advocator to share any such information with Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.
You hold us harmless for any damages incurred by you through use of Stripe, or any third-party payment provider.
You agree to indemnify, defend, and hold us harmless including our affiliates, employees, officers, directors, agents, servants, and representatives, from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys´ fees and expenses) related to your violation of these terms and conditions.
XIII. Applicable Law; Arbitration of Disputes; Class Action Waiver
A. Governing Law
The Agreements have been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of New York, as applied to agreements entered into and completely performed in the State of New York. You agree to the exclusive jurisdiction and venue in New York, New York for all arbitration and other proceedings arising out of the Agreements. Any claim you might have against The Advocator must be brought within one (1) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to these Agreements and is hereby disclaimed. The Advocator makes no representation that The Advocator’s Services are appropriate or available for use in other locations outside the State of California, and access to The Advocator Services from states, territories, or nations where any aspect of The Advocator Services is illegal is prohibited. You access The Advocator Services on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of The Advocator Service.
B. Arbitration of Disputes
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN USERS AND US OR ANY OF OUR AFFILIATES OR THEIR RESPECTIVE AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS OR ASSIGNS ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY HEREOF, OR THE RELATIONSHIPS WHICH RESULT FROM THESE TERMS (INCLUDING TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”), as modified by these Terms, and will be administered by the AAA before a single arbitrator. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIMS. Nothing contained in this Section shall be deemed to prohibit us from seeking an injunction or other equitable relief in any court of competent jurisdiction to protect or preserve our rights in and to intellectual property or confidential information. The prevailing party will be entitled to receive from the non-prevailing party its costs relating to the arbitration proceeding including but not limited to, the arbitrator’s fees, attorneys’ fees and costs, witness fees, transcription fees, etc. and sales and use taxes thereon, if any.
No part of the procedures will be open to the public or media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
This arbitration agreement will survive the termination of your relationship with The Advocator.
C. Class Action Waiver
You and The Advocator each acknowledge and agree that it is the intent of the parties that arbitration and litigation between the parties will be of the parties’ individual claims, and that none of their respective claims may be arbitrated or litigated on a class-wide basis.
XIV. Warranty Disclaimers
You agree that neither us nor any other party involved in creating, producing, or delivering the Services, shall be liable for any incidental, special, exemplary or consequential damages, including but not limited to lost profits, loss of data, loss of goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these Terms or from the use of or inability to use the services or content through The Advocator, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not we have been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. This exclusion or limitation of liability for consequential or incidental damages, shall not apply where against the law.
In no event will our total liability arising out of or in connection with your use of The Advocator Service or from the use of or inability to use the services or content offered through The Advocator exceed the amounts you have paid to us for use of the services or content offered by The Advocator or one hundred dollars ($100), if you have not had any payment obligations to us, as applicable.
The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.
XV. General Terms
A. Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between us and you regarding use of The Advocator Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding such.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible by the court and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the Parties, their successors and permitted assigns.
Any notices or other communications provided byus under these Terms, including those regarding modifications tothese Terms, will be given: (i) via email; or (ii) by posting of theupdated Terms to the website. For notices made by e-mail, the date ofreceipt will be deemed the date on which such notice is transmitted. For notices posted, the date of posting shall be the date oftransmittal.
Our failure to enforce any right or provisionof these Terms will not be considered a waiver of such right orprovision. The waiver of any such right or provision will beeffective only if in writing and signed by our duly authorizedrepresentative. Except as expressly set forth in these Terms, theexercise by either party of any of its remedies under these Termswill be without prejudice to its other remedies under these Terms orotherwise.
Section titles in these Terms are for convenience only and have no legal or contractual effect.
G. Electronic Communications
By using The Advocator Service, you consent to receiving electronic communications (e.g., e-mail) from us or our affiliates. These communications will include notices about your Account and information concerning or related to the Services. These communications are part of your relationship with us and you receive them as part of being an Account holder. You agree that any notice, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including but not limited to, any requirements that such communications be in writing.
XVI. Contact Information
If you have any questions about these Terms or The Advocator Service, please contact us at: [email protected]