Terms of Service
Last updated October 2020
Welcome to GreenFunder! GreenFunder is an online funding platform that enables users to connect with, promote, and donate to various organizations.
The following terms and conditions (these “Terms”) govern all use of the website located at https://www.GreenFunder.io and the associated services GreenFunder provides (collectively, the “Services”). The Services are provided to you (“you” or “your”) by GreenFunder, Inc. (“GreenFunder”, “us”, “we, or “our”). The Services are subject to your acceptance without modification of all of the terms and conditions contained herein. By accessing or using the Services – you agree to these Terms. The Terms are subject to modification at GreenFunder’s sole discretion. Your continued use of the Services constitutes your acceptance to any modification of the Terms.
If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at email@example.com.
ARBITRATION AND CLASS ACTION WAIVER.
WE HAVE CERTAIN REQUIREMENTS THAT YOU AGREE TO ARBITRATE DISPUTES YOU MAY HAVE WITH US – AND WAIVE RIGHTS TO BRING CLASS ACTION LAWSUITS. PLEASE SEE THE “CHOICE OF LAW; ARBITRATION; CLASS ACTION WAIVER” SECTION BELOW FOR MORE INFORMATION. BY AGREEING TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF ENTERING THESE TERMS.
Agreement to These Terms of Service.
By using our Services you agree to these Terms without modification. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You must be 18 years of age, or the age of majority in your providence, territory, or country to use our Services. Individuals under the age of 18, or the applicable age of majority, may only use the services with the involvement of a parent or legal guardian, under such persons account, and otherwise subject to these Terms.
Modifications to these Terms.
We reserve the right to change the Terms at any time. When we do we will bring it to your attention by placing a notice on our website, by sending you an email, and/or by some other means.
Your GreenFunder Account.
To use the Services, you may be required to sign up for an account, and select a password and username (“GreenFunder User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your GreenFunder User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You will not share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for any activity associated with your account. Backers may only use the Services for their own personal use, and not on behalf of or for the benefit of any third party (other than, with respect to any Transaction, for the benefit of the other Services user that is party to the Transaction with you). Listers may use the Services for the benefit of their organization or business. By creating an account and using the Services, the individual or individuals who create the account and use the Services represent and warrant that they have full authority to agree to these Terms on behalf of the Organization or Business.
When you create your GreenFunder account you will be required to provide a valid email address. You hereby consent to receive notices via email. All legally required notices will be sent to you via email to the email address you provided to us. It is your responsibility to update your email address within your GreenFunder Account if at any point you want us to send notices to a different email address.
Organizations, Listers and Backers.
Greenfunder Provides services whereby organizations seeking monetary contributions are connected with individuals wanting to financially contribute to Organizations. The organizational users seeking monetary contributions are referred to as “Listers”. Users who choose to financially contribute via the Services are called “Backers”
We reserve the right to approve which Listers are listed via the Services. The criteria for our approval will be at our sole discretion. We may reject a Lister for any reason. If we approve an Organization, we may subsequently remove it – for any or no reason – at our sole discretion.
The Services are simply a means of helping Listers and Backers find each other – Greenfunder is not a party to the transaction between Listers and Backers (“Transaction”). A Transaction is a direct legal agreement between the Lister and Backer. The information contained in the Lister’s profile on our website is provided directly from the Listers. GreenFunder does not alter the information in any substantial or meaningful way. GreenFunder has not independently vetted the information contained herein and does not provide any warranties regarding the accuracy and completeness of the information contained in the Listers’ profile.
Listers are required to provide truthful, complete, and correct information when creating their GreenFunder profile. When they submit their information to GreenFunder they are certifying and affirming that the information they provide to GreenFunder is truthful, complete, and correct. The Lister is under a continuing obligation to keep the information current and accurate. Listers are required to notify GreenFunder immediately upon discovering that information submitted to us is no longer true, complete, and correct.
As a Lister, you represent and warrant that your Organization will:
- Not provide any products or services that violate any laws, regulations, statutes, or ordinances;
- Not provide any products or services that violate any third party rights (such as intellectual property rights and privacy rights);
- Not be conducted in a manner that is deceptive, and
- Not engage in activities that are against public policy.
In addition, Listers involving the following are prohibited:
- Organizations that are illegal, heavily regulated, or potentially dangerous for Backers.
- Any item claiming to diagnose, cure, treat, or prevent an illness or condition (whether via a device, app, book, nutritional supplement, or other means).
- Contests, coupons, gambling, and raffles.
- Energy food and drinks.
- Offensive material (e.g., hate speech, encouraging violence against others, etc).
- Offering a genetically modified organism as a reward.
- Live animals. Organizations cannot include live animals as a reward.
- Offering alcohol as a reward.
- Offering financial, money-processing, or credit services; financial intermediaries or cash-equivalent instruments; travel services (e.g., vacation packages); phone services (e.g., prepaid phone services, 900 numbers); and business marketing services.
- Political fundraising.
- Pornographic material.
- Organization s that promote discrimination, bigotry, or intolerance towards marginalized groups
- Drugs, nicotine, tobacco, vaporizers and related paraphernalia.
- Weapons, replicas of weapons, and weapon accessories.
If you are unsure if your Organization falls under the above list of prohibited activities please contact us before posing your Organization , at firstname.lastname@example.org.
If your Organization involves something illegal, heavily regulated, or potentially dangerous for Backers and it is not on this list, please contact us before trying to post your Organization, at email@example.com.
Backers may register for a Monthly Subscription to GreenFunder. By registering for a Monthly Subscription at https://greenfunder.io/sign-up/, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your subscription at least five (5) business days before the date of your next scheduled recurring payment. If you cancel your subscription within five (5) business days of your scheduled recurring payment the payment will be drawn as scheduled and the cancellation will become effective as of the next billing cycle. When you cancel your Monthly Subscription, you will maintain access and all the benefits of a Monthly Subscriber for the remaining portion of the membership period for which you have already been billed.
Fees for Transactions will be as set forth in our Fees Policy. We may change our fees at any time by posting the changes to our Fees Policy (changes will be effective for any Transaction entered into after the posting of the changes).
You acknowledge we process transactions using a third-party payment processor. You hereby consent to our use of a third-party payment processor.
Refunds are in GreenFunder’s sole discretion.
As a Backer, you must have a payment method on file when backing a Organization – and pay all fees and applicable taxes associated therewith by the payment due date. You are responsible for ensuring that all details of your payment method are accurate and up-to-date at all times.
In any jurisdiction where we have an obligation to collect sales taxes from you on a Transaction, we may collect such sales taxes from you via the payment method on file or via any other means available to us.
If your payment method fails or your account is past due, we will suspend or limit your account.
We reserve the right to, upon notice or suspicion of any potential fraud or unauthorized charges or other misuse of the Services – place on hold any payment, or refund or provide credits.
Transactions Outside of the Services.
You will not try to circumvent the fees payable to GreenFunder hereunder. Therefore, you will not use the Services in any manner that encourages other users investing in the Services outside of the payment functionality provided in the Services.
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including GreenFunder);
- Violates any law or regulation, including any applicable export control laws;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your GreenFunder account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Your Warranties and Indemnity.
If you are a Lister, you represent and warrant that: (i) your Organization (including, for clarity, your activities, products, and services in connection therewith) will comply with all laws, regulations and third party rights, and (ii) to the extent your Organization requires a license or governmental permit or other authorization, you have secured, and will maintain as required, such license, permit, and other authorization.
To the fullest extent allowed by applicable law, you agree to indemnify and hold GreenFunder, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, actions, suits, demands, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to (a) your use of the Services (including any actions taken by a third party using your account), (b) if you are a Lister, your Organization and any rewards, (c) if you are a Lister, any claims by Backers with respect to your Organization or Rewards, (d) your violation of these Terms, or (e) your negligence, misconduct, or other fault. In the event of such a claim, action, suit, or demand (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). We may, in our sole discretion, control all defense and settlement activities.
Content on GreenFunder.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined in the “User Submissions” section below), and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property . You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including GreenFunder’s) rights.
You understand that GreenFunder owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
To the extent GreenFunder creates any content for a Organization (such as promotional videos) (“Created Content”), the applicable Lister acknowledges and agrees that GreenFunder owns all rights, title and interest in any to such content (excepting any Lister pre-existing intellectual property such as trademarks – “Pre-Existing IP”). Content Creator grants GreenFunder an irrevocable, perpetual, worldwide, sublicensable, transferrable, right and license to reproduce, publicly display, publicly perform, distribute, modify, create derivatives of, and use such Pre-Existing IP, as incorporated into any Created Content, for the purposes of marketing and promoting the Organization s and/or GreenFunder’s business.
For all User Submissions, you hereby grant GreenFunder a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users)(a “Limited Audience User Submission”), then you grant GreenFunder the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant GreenFunder the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all GreenFunder users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services. In addition, GreenFunder will have an irrevocable right and license to reproduce, display, distribute and use your Public User Submissions for GreenFunder’s own
business purposes – such as for marketing purposes. For example, if you post a review on the Services, or in the Google or Apple app store, GreenFunder may include such reviews (and your user identity) in marketing and promotional materials (such as digital advertisements). Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide, provided that when you delete your GreenFunder account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from GreenFunder’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.
Finally, you understand and agree that GreenFunder, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
As a Lister you acknowledge that users may leave a review about your organization and we are not liable for any reviews posted by users with respect to your Organization . We have no obligation to remove or edit any reviews.
Changes to the Services; Removal of Organization
We are always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to, in our sole discretion, with or without notice, remove any Organization from the Services at any time, for any reason (including, but not limited to, if someone alleges they are in violation of these Terms).
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED BY GREENFUNDER (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GREENFUNDER MAKES NO WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
AS A BACKER, YOU ACKNOWLEDGE AND AGREE THAT GREENFUNDER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY Organization .
AS A Lister, YOU ACKNOWLEDGE AND AGREE THAT GREENFUNDER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO AMOUNTS YOU WILL RAISE FOR YOUR Organization .
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL GREENFUNDER (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF FORESEEABLE, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF TOTAL AMOUNT PAID BY YOU OR YOUR ORGANIZATION TO
GREENFUNDER OR US$500 (WHICHEVER IS THE LESSER AMOUNT) OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL.
AS A BACKER, YOU ACKNOWLEDGE AND AGREE THAT (I) GREENFUNDER IS NOT LIABLE FOR THE SUCCESS OR FAILURE OR ANY Organization , AND (II) GREEFUNDER IS NOT LIABLE FOR THE ACTS, OMISSIONS, STATEMENTS, REPRESENTATIONS, GUARANTEES, WARRANTIES, OR INDICATIONS OF ANY Lister.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Disputes with Other Users.
You agree that GreenFunder is not responsible for any complaints you may have with other Services users. For example, GreenFunder is not responsible for any claims a Backer may have against any Lister. The Services are simply a means of helping Listers and Backer find each other – Greenfunder is not a party to the agreement between Listers and Backers. GreenFunder is not an agent or representative to Listers or Backers. Because GreenFunder is not the agent of either party (Lister or Backers) to any Transaction, GreenFunder will not act as an agent to such users in connection with resolving any disputes arising from any Transaction or otherwise. If you have a dispute with another user, you release GreenFunder (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his/her favor at the time of executing the release, which if known by him/her must have materially affected his settlement with the debtor.”
To the extent GreenFunder assists in the resolution of any dispute between any users, such assistance is only a courtesy and, therefore, you acknowledge that GreenFunder shall not be liable or otherwise responsible with respect to such dispute (or the resolution thereof).
GreenFunder will not be liable for any failure or delay in its performance of Services under these Terms due to any cause beyond its reasonable control, including but not limited to acts of God, the acts of other users of the Services, issues with Organization s, pandemic, natural disaster, war, strikes or labor disputes, embargoes, government orders or failure of the internet or telephone services.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without GreenFunder’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration; Class Action Waiver.
These Terms are governed by and will be construed under the laws of the State of Florida, without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Miami, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. In the event a dispute cannot legally be arbitrated (as decided by the arbitrator), you and GreenFunder each irrevocably consent to exclusive jurisdiction and venue in the state or federal courts located in Miami-Dade County, Florida.
Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND GREENFUNDER ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and GreenFunder agree that these Terms are the complete and exclusive statement of the mutual understanding between you and GreenFunder, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You and GreenFunder agree there are no third-party beneficiaries intended under these Terms.