Our Agreements

Privacy Policy

Date of Last Revision: March 12, 2019

Introduction

At RebelGive ("we," "us," "our," or the "Company"), we are committed to protecting your privacy. This Privacy Policy describes the types of information we collect about users of our websites and is designed to help you understand how we collect, use, and safeguard the information you provide to us and to assist you in making informed decisions when using our Services. This Privacy Policy also describes (1) the measures we take to safeguard the information we collect and (2) your rights and privileges concerning our collection, use, and disclosure of information about you.

This Privacy Policy applies to our website https://www.rebelgive.com (the “Website”). This Website is operated by RebelGive and has been created to provide information about our company, our online platform designed to allow churches who subscribe to our services to establish a platform to accept monetary donations, and our related services (together with the Website, the “Services”). Please read this Privacy Policy and the Terms of Service of our Website, found at https://www.rebelgive.com/legal before you use our Website or Services.

By using any part of the Services, you consent to the collection, use, and disclosure of your information as further outlined in this Privacy Policy.

If you are in Europe:

  • for the purposes of the EU General Data Protection Regulation 2016/679 (the “GDPR”), the data controller of information you submit, or we otherwise collect when you use our Services, is RebelGive, LLC, and we can be reached at the address under the section “How to Contact Us” below; and
  • “information” covers all personal data processed by us which means information that (either in isolation or in combination with other information) enables you to be identified directly or indirectly.

Please note however that RebelGive shall not be the controller of the third-party data you may submit to our Service, e.g., the personal data you process within your CRMs, email communication, etc. which may be integrated with our Service upon your decision and subject to the Terms of Service. We process such information within the Service solely in the processor’s role and, depending on the scope of your activity, you may be the data controller.

Changes to the Privacy Policy

The Services and our business may change from time to time. As a result, it may be necessary for RebelGive to make changes to this Privacy Policy. RebelGive reserves the right to update or modify this Privacy Policy at any time and from time to time. If you disagree with our revisions to the Privacy Policy, you may de-activate your account or discontinue the use of our Services. Please review this policy periodically, and especially before you provide us with any information through the Services. This Privacy Policy was last updated on the date indicated above. Your continued use of the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Information we Collect

We have access to and collect information that you voluntarily give us via email, webform or other direct contact from you. We will use your information to respond to you regarding the reason you contacted us. We will not sell this information to anyone. We may disclose information to our corporate affiliates and third parties to provide products and services to you or related to products or services you have purchased or downloaded from RebelGive. Unless you ask us not to, we may contact you via email in the future to tell you about our services, new products, or changes to this Privacy Policy or to provide you with informational or educational newsletters.

You may also provide us with special categories of personal data under the GDPR (also known as sensitive personal data) about yourself, such as religious affiliation, racial or ethnic origin, political opinions, or health information. When you provide such information, we will seek your explicit consent unless it is being published in relation to your church’s fundraising campaign.

Our Services allow you to invite others to manage your account or provide information. Do not provide personal information about others (including by connecting your work email address to our Services) unless you are authorized or required to do so by applicable law or contract. Before supplying personal information about others, you and the person about whom you supply the information must review and consent to the Terms of Use and Privacy Policy of the Website. By submitting any personal information about others, you represent and warrant that you are authorized to do so, that you have made the Terms of Use and Privacy Policy available to the person about whom you supply the information, and that you have obtained that person's written consent to our Terms of Use and Privacy Policy. You agree to indemnify, defend and hold harmless RebelGive, our parents, subsidiaries, officers, directors, employees and agents for any failure by you to comply with this paragraph.

Personal Information and Business Information

“Personal Information” as used in this Privacy Policy is information that we directly associate with a specific person or entity, such as name, address, payment information (including payment card number, expiration date, cardholder name and CVV code), mobile telephone number, and email address.

The Personal Information you provide will vary based upon the context, and we will not collect your Personal Information unless you make it available. You are not required to provide Personal Information at any time while visiting the Website; however, you may be required to provide Personal Information to use certain Services. You may provide us with Personal Information by participating in online surveys, subscribing to newsletters and other recurring offerings through the Website, and in connection with other products, services, features, or requests made available through the Website.

If you provide “personal data” (as defined under the Privacy Shield principles – See “Privacy Shield” section for more information on how we treat information from users who reside in the European Union, European Economic Area, and Switzerland) to the Services, you acknowledge and agree that such personal data may be transferred from your current location to the offices and servers of RebelGive and the authorized third parties referred to herein located in the United States.

RebelGive collects the Business Information (as defined below) necessary to enable us to respond to your requests for our Services and to send you information regarding our Services from time to time. We have defined “Business Information” as any information that identifies or may identify a company or an individual contact at a company or that allows others to contact a company or an individual contact at a company. When you visit our Website, you may be asked to submit information such as email address, company name, address, and phone number. In addition, we collect credit card and related payment information when you order Services online. Our information collection and use practices are described in more detail below.

Information that is Automatically Collected

When you interact with us through the Services, we automatically receive and store certain information from devices that you use to access the Services. This information is collected passively using various technologies, and includes the type of internet browser or mobile device you use, any website from which you have come to the Services, your operating system, and may include location data through an IP address that identifies the city and state where you logged into the Services or your precise geo-location if you have permitted your mobile device to provide that information to us. RebelGive may store such information itself or such information may be included in databases owned and maintained by RebelGive affiliates, agents or service providers.

Aggregated Data

In an ongoing effort to better understand and serve the users of the Services, RebelGive often conducts research on its customer demographics, interests and behavior based on information we collect. We may de-identify and/or aggregate the information collected through the Services for research purposes or any other purposes, and we may share this data with our affiliates, agents, or business partners.

Registration Information

To access information on the Website, a user may be required to register with RebelGive. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the Services in which you have expressed interest.

Cookies and Other Electronic Technologies

When you interact with the Services, we try to make that experience simple and meaningful. When you visit our Website, our web server sends a cookie to your computer or mobile device. Cookies are small pieces of information that are issued to your computer or mobile device when you visit a website or access or use a mobile application, and that store and sometimes track information about your use of the Website and Services. A number of cookies we use last only for the duration of your web or application session and expire when you close your browser or exit the application. Other cookies are used to remember you when you return to the Website and will last longer.

Some of the cookies used by the Website are set by us, and some are set by third parties who are delivering services on our behalf.

We may use cookies, and similar technologies to cookies, to collect information about your access and use of the Website. For example, we may use cookies or other technologies that: (1) allow you to navigate and use all the features provided by our Website; (2) customize elements of the layout and/or content within the Website and remember that you have visited us before; (3) identify the number of unique visitors we receive; (4) allow us to provide you with a customized experience; and (5) inform us how you use the Website (including how long you spend on the Website) and where you have come to the Website from, so that we can improve the Website and learn which functions of the Website are most popular with users. As we adopt additional technologies, we may also gather additional information through other methods.

Most web and mobile device browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You may consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). You can also manage the use of Flash technologies, including cookies and local storage objects with the Flash management tools available at Adobe’s website. Please note that by blocking any or all cookies, you may not have access to certain features or offerings of the Services.

If you are accessing our Services through a mobile device, you can also update your privacy settings on your device by setting the “Limit Ad Tracking” and Diagnostics and Usage setting property located in the settings screen of your Apple iPhone or iPad, or by resetting your Android ID through apps that are available in the Play Store. You can also limit information collection by uninstalling the App on your device and you can use the standard uninstall process available as part of your device for this purpose.

Social Media Data

Our Website allows you to interact with us on various third-party social media platforms such as Facebook, Twitter, and LinkedIn. When you choose to interact with us via social media platforms, we may automatically collect additional Personal Information from you. These may include your personally identifiable information list, the profile pictures of the contact list, education, work history, events, relationship status, likes, gender, location, URL, biography, any additional image or information. We may also collect your communications with us through the third-party social media platforms. Please visit the privacy policy of the relevant social media platform to find out more information about your rights and choices.

Third-Party Analytics

We may also allow certain third-party analytics service providers to include cookies within the pages of the Website on our behalf and to retain and use the information received from such cookies. Third-party service providers that collect this data on our behalf may offer information about their data collection practices, and in some cases, an opt out on their respective websites which you can access here: https://www.google.com/analytics/.

How We Use the Information We Collect

RebelGive uses the information collected from the Services in a manner that is consistent with this Privacy Policy. If you provide information for a certain reason, we may use the information in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the information you provide to answer your question or resolve your problem. Also, if you provide information about yourself, or have provided (or otherwise permitted the Services to access) any third-party data, we will use your information and any such third-party data to provide you with access to such services and to monitor your use of such services. For the purposes of the GDPR, we may use your information in the above ways as this is necessary for us to fulfill our obligations under our contract with you or in order to take steps at your request prior to entering into a contract.

Email Communication

Each email we send will contain instructions on how to unsubscribe should you decide not to receive future promotional emails. If you choose to opt-out of receiving promotional email communications from any RebelGive business unit, we may still periodically communicate with you via mail and telephone. Please allow up to 10 business days to be removed from our promotional email list.

We send notification emails about the Website and Services from time to time. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate and delete your account.

Information Collected through the Services

RebelGive may also use the information we collect through the Services to help us in providing the Services and support services, processing transactions, fulfilling requests for information, receiving and sending communications, updating marketing lists, analyzing data and research aimed at improving the accuracy, effectiveness, usability or popularity of the Services, to personalize the content and advertising that you see on Services and to understand how users interact with the Services, to associate your activities, customize content or tailor advertising across different device and browsers that you use to access the Services (for instance, computers, tablets, mobile devices, applications and websites), to comply with state, local, federal or international laws, to enforce our Terms of Service and this Privacy Policy, as otherwise described in this Privacy Policy, or in assisting with other tasks from time to time. For the purposes of the GDPR, we may use your information in the above ways as this is necessary: (i) to fulfill our obligations under our contract with you or in order to take steps at your request prior to entering into a contract; (ii) for our legitimate interest to maintain our relationship with you or protect you and us against fraud; or (iii) to comply with legal obligations.

We may also use data collected through the Services to send communications relating to the Services, in accordance with applicable laws. For example, we may send periodic emails to registered users of the Services relating to their recent interactions with the Services, such as donating to a church campaign, or preparing and providing a church with GivingFlows℠ and updating the user’s “Control Center.” Also, if you use any feature of the Services permitting you to communicate with third parties (such as to refer a third party to the Services or to communicate with them regarding a campaign or a donation), you acknowledge and agree that you have the authority of the relevant third party for us to access and use the relevant third-party data and that you have notified these third parties and informed them how their information is collected and used by RebelGive to provide the Services. We reserve the right to identify you as the person who has made the referral in any messages that are sent to them. In addition to sending the foregoing communications, we may also send reminders or related messages to you and to third parties on your behalf from time to time where permitted by applicable law. In each case, any such communications sent to third parties using third-party data will provide a means to “opt-out” of receiving further communication of the same nature.

How We Share Data

Unless you give us your permission, we do not share data we collect from you with third parties, except as described below:

Third-Party Service Providers or Consultants

We may share data collected from you on the RebelGive Website with third-party service providers or consultants who need access to the data to perform their work on RebelGive’s behalf, such as a website analytics company or our third-party advertising partners. These third-party service providers are limited to only accessing or using this data to provide services to us and must provide reasonable assurances that they will appropriately safeguard the data.

Compliance with Laws

We may disclose your data to a third party if (i) we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or government request (including to meet national security or law enforcement requirements), (ii) to enforce our agreements and policies, including this Privacy Policy and any applicable Terms of Service, (iii) to protect the security or integrity of the RebelGive Site or our services, or (iv) to protect ourselves, our other customers, or the public from harm or illegal activities.

Affiliates

We may share data collected from you from the Services with our affiliates. We will only use the data as described in this policy.

Business Transfers

As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, similar event, or steps taken in anticipation of such events (e.g., due diligence in a transaction), user information may be part of the transferred assets.

Church Organizers

If you donate to a church’s fundraising campaign, we may share your name, email address and other information you’ve provided in connection with your donation with the church, who may contact you. By donating to the campaign, you consent to our sharing the above information and to the campaign organizer contacting you.

Aggregated or De-Identified Information

We may aggregate and/or de-identify your information so that the information no longer relates to you individually. Our use and disclosures of such aggregated or de-identified information is not subject to this Privacy Policy and may be disclosed to others without limitation and for any purpose.

We do not share your data (including, but not limited to, the personal data of your end users) with third parties for their direct marketing purposes, unless you give us your consent to do so.

Unsolicited Information

Please be advised that some information you provide may be publicly accessible, such as information posted in forums or comment sections. We may also collect information through customer support communications, your communication to us of ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, with publicly-accessible information, “Unsolicited Information”). By sending us Unsolicited Information, you (a) agree that we are under no obligation of confidentiality, express or implied, with respect to the Unsolicited Information, (b) acknowledge that we may have something similar to the Unsolicited Information already under consideration or in development, (c) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Unsolicited Information, and (iv) irrevocably waive, and cause to be waived, against RebelGive and its users any claims and assertions of any moral rights contained in such Unsolicited Information. This Unsolicited Information section shall survive any termination of your account or the Services. This Privacy Policy otherwise does not apply to any information collected by RebelGive other than information collected through the Services.

Children

Our Services are not designed for use by individuals under the age of 16. If you are under the age of 16, please do not use the Services or submit any information through the Services. If you have reason to believe that a child under the age of 16 has provided personal information to RebelGive through the Services, please contact us at support@rebelgive.com, and we will delete that information from our databases to the extent required by law.

Links to Other Websites

This Privacy Policy applies only to the Services. The Services may contain links to other websites not operated or controlled by RebelGive (“Third-Party Sites”). The policies and procedures we described here do not apply to Third-Party Sites. The links from the Services do not imply that RebelGive endorses or has reviewed the Third-Party Sites. We suggest contacting those sites directly for information on their respective privacy policies.

Your Privacy Rights and Retention of Your Information

We may retain your information for a period of time consistent with the original purpose of collection. For instance, we may retain your information during the time in which you have an account to use our Website or Services and for a reasonable period of time afterward. We also may retain your information while it is needed for us to pursue our legitimate business interests, conduct audits, comply with our legal obligations, resolve disputes and enforce our agreements.

You may opt out of any future contacts from us at any time. Additionally, if the collection of your personal data was based on your consent, you have the right to revoke that consent at any time. Be aware that by revoking consent, you may lose access to the Services you previously opted to use.

You may request to review, correct, delete, or otherwise modify any of the personal information that you have previously provided to us through the Website and/or Services.

You may access and correct certain information about you by visiting the “Control Center” portion of our Services.

California Residents' Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To request a copy of such information, please contact us as described in the “How to Contact Us” section below, and we will respond within 30 days as required by law.

Users in Europe

  • Access – You have the right to request a copy of the information we are processing about you.
  • Rectification – You have the right to have incomplete or inaccurate information that we process about you rectified.
  • Deletion – You have the right to request that we delete information that we process about you, except we are not obliged to do so if we need to retain such data in order to comply with a legal obligation or to establish, exercise or defend legal claims.
  • Restriction – You have the right to restrict our processing of your information where you believe such data to be inaccurate; our processing is unlawful; or that we no longer need to process such data for a particular purpose unless we are not able to delete the data due to a legal or other obligation or because you do not wish for us to delete it.
  • Portability – You have the right to obtain information we hold about you in a structured, electronic format, and to transmit such data to another data controller, where this is (a) information that you have provided to us, and (b) if we are processing that data solely on the basis of your consent or to perform a contract with you.
  • Objection – Where the legal basis for processing your information is our legitimate interest, you have the right to object to such processing on grounds relating to your situation. We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests, or if we need to continue to process the data for the establishment, exercise or defense of a legal claim.
  • Withdrawing consent – If you have consented to our processing of your information, you have the right to withdraw your consent at any time, free of charge. This includes opting out from marketing messages.

You can make a request to exercise any of these rights in relation to your information by sending the request to us at the email address or mailing address set forth under “How to Contact Us” below. For your own privacy and security, at our discretion, we may require you to provide your identity before providing the requested information. Please note that RebelGive may take up to 30 days to fulfill such requests.

You also have the right to lodge a complaint with the local data protection authority if you believe that we have not complied with applicable data protection laws. A list of local data protection authorities in European countries is available at https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.

How to Contact Us

RebelGive commits to resolve complaints about our collection or use of your personal information. RebelGive takes its users’ privacy concerns seriously.

If you believe that RebelGive has not complied with this Privacy Policy with respect to your personal information, you should first contact us at RebelGive by emailing us at support@rebelgive.com, or by writing to the RebelGive Legal Department at the following address:

RebelGive, LLC
Attn: Legal Department
1601 Carmen Dr. Suite 215E
Camarillo, CA 93010

Please note that RebelGive is not responsible for the content or privacy practices of non-RebelGive websites to which this Website or any other RebelGive website may link. Also, RebelGive is not responsible for the privacy practices of its customers or users of its customer websites. You should review the additional privacy policy of the customer site before using the site.

Terms of Service

Date of Last Revision: Decemeber 31, 2019

By clicking the “I Agree” button at RebelGive.com (the “Website”) or by using the RebelGive Website management tools, including the Control Center, you certify that you have read, are authorized to agree to on behalf of your organization, and do hereby agree to, the terms of service set forth in the below document (the “Terms of Service”).

RebelGive, LLC provides its platform to you through its website and mobile applications (the “Platform”) and related services (collectively, the Platform, including any new features and applications, the “Services”), subject to the following Terms of Service, as amended from time to time. For purposes of the following Terms of Service, “RebelGive,” “we,” “us,” “our,” and other similar terms, shall refer to RebelGive, LLC, a California limited liability company, the party with whom you are contracting.

ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. When we do this, we will post the revised Terms of Service on this page and will indicate the date of such revision. Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service. To the extent allowed by law, the English version of these Terms of Service is binding, and other translations are for convenience only. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.

In addition, when using the Services, you will be subject to additional applicable policies including our Privacy Policy located at https://www.rebelgive.com/privacy. All such terms are hereby incorporated by reference into these Terms of Service (provided, however, these Terms of Service will take precedence in the event of conflict).

Access and Use of the Services

Services Description: The Services are offered as a platform to allow a church or charity (collectively, “Charities”) to create an online giving platform to accept monetary donations from donors.

The Services are a platform; we are not a broker, financial institution, creditor or charity: The Services are an administrative platform only. RebelGive facilitates online giving for Charities and permits donors to make donations to these Charities. RebelGive is not a broker, agent, financial institution, creditor or 501(c)(3) nonprofit corporation.

All information and content provided by RebelGive relating to the Services is for informational purposes only, and RebelGive does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any Charities, donations, donors, or any information or content relating to the Services, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.

We do not endorse any Charity, and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any donation campaign. You, as a donor, must make the final determination as to the value and appropriateness of contributing to any Charity.

All donations are at your own risk. When you make a donation through the Services, it is your responsibility to understand how your money will be used. RebelGive is not responsible for any offers, promises, rewards or promotions made or offered by Charities. We do not and cannot verify the information that Charities supply, nor do we represent or guarantee that the donations will be used in accordance with any fundraising purpose prescribed by a Charity or in accordance with applicable laws.

You, as a Charity, represent, warrant, and covenant that (i) all information you provide us is accurate, complete, and not likely to deceive reasonable users; (ii) all donations contributed to your Charity will be used solely as described in the materials that you post or otherwise provide; (iii) you will not infringe the rights of others; (iv) you will comply with all relevant and applicable financial reporting obligations, including but not limited to laws and regulations relating to tax reporting, political contributions, and asset disclosures for your project; and (v) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize RebelGive, and RebelGive reserves the right to, provide information relating to your campaign to donors, beneficiaries of your campaign or law enforcement, and to assist in any investigation thereof.

Your Registration Obligations

You may be required to register with RebelGive in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration form. Charities must register using their true identities, including their name and any image or video purporting to depict the Charity or the beneficiary of such campaign. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 16 years of age you are not authorized to use the Services, with or without registering. In addition, if you are under the age of majority in your jurisdiction (typically 18 years of age), you may use the Services, with or without registering, only with the approval of your parent or guardian. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., payment processors), with whom RebelGive has entered into contracts, in order to be able to benefit from their services. If RebelGive or one of our payments processors at any time discovers that the information you provided about you or the purpose of your donation request is incorrect or violates any of these Terms of Service or their terms of service, the Services may be suspended or terminated. You acknowledge and agree that the use of third-party payment processors is integral to the Services and that we may exchange information with such third parties in order to facilitate the provision of Services as set out in our Privacy Policy.

Service Fees for Charities

When accepted by RebelGive, the order (whether such order is submitted orally, online through the Website, or on a written order form) submitted by a Charity creates a contract between the Charity and RebelGive, consisting of the order, the documents made available by RebelGive to the Charity to describe the applicable Services at the time the order is accepted by RebelGive (the “Service Description”), and these Terms of Service. An order is “Accepted” by RebelGive when (i) with respect to orders submitted online, RebelGive provides Services in response to the order or bills the Charity for payment, and (ii) with respect to orders reduced to writing and signed on an approved RebelGive form, when an authorized representative of RebelGive executes such form.

RebelGive will provide, and the Charity will purchase and pay for, the Services specified in the order for the service fees specified in the order and the applicable Service Description (the “Service Fees”).

The Charity will pay to RebelGive the Service Fees in the manner set forth in the order. RebelGive may increase the Service Fees (i) in the manner permitted in the Service Description and (ii) at any time by providing thirty (30) days’ prior notice to the Charity. The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder. All Service Fees are non-refundable; provided, however, RebelGive, in its sole discretion, may grant a refund of Service Fees that are allocable to the unused portion of the Services in the event a Charity cancels the Services prior to the end of the applicable term. Any amounts payable to RebelGive not paid when due will bear interest at the rate of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less. RebelGive, in its sole discretion, may deactivate delinquent accounts. Upon a reactivation request by a Charity, the Charity shall pay RebelGive a reactivation fee in addition to full payment of the outstanding balance due. If RebelGive collects any payment due through an attorney or under advice from an attorney or through a collection agency, the Charity will pay all costs of collection and litigation, including, without limitation, all court costs and RebelGive’s reasonable attorneys’ fees. If any payment is returned for insufficient funds RebelGive will impose a processing charge of $25.

Taxes

It is your responsibility to determine what, if any, taxes apply to the donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.

Term and Termination

Services for a Charity will commence on the effective date indicated in the order and continue for the duration of the term specified in the Service Description. Thereafter, the order will automatically renew for successive monthly periods unless the order is earlier terminated in accordance with its terms or either party gives written notice to the other party of non-renewal at least 30 days prior to expiration of the then-current term. RebelGive may terminate this Agreement (i) if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, or (ii) immediately by giving written notice to a Charity if RebelGive determines in good faith that the Charity’s use of the Website, Services, or the Content violates these Terms of Service. Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. Notwithstanding the expiration or termination of this Agreement, the parties shall each remain liable to the other for any indebtedness or other liability theretofore arising under this Agreement. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which RebelGive may be entitled.

Member Account, Password and Security

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify RebelGive of any unauthorized use of your password or account or any other breach of security, and (b) sign out from your account at the end of each session when accessing the Services. RebelGive will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Services

RebelGive reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.

Public Content; Public Display of donations

Some of your activity on and through the Services is public, such as content you post publicly on the Website. Additionally, user profile information, including your first and last name, public email address, organization, personal biography, and other information you enter in connection with your user profile may be displayed to other users to facilitate user interaction within the Services. If you choose to provide information using public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our knowledge and without your knowledge, and search engines may index that information.

Data Retention

You acknowledge that RebelGive has no obligation to retain data relating to any account or donation campaign. You acknowledge that RebelGive reserves the right to delete data or to terminate accounts at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.

Mobile Services

The Services include certain features that may be made available via a mobile device, including the ability to (i) upload content to the Platform, (ii) browse the Platform and (iii) access certain items through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access Mobile Services, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your RebelGive account information to ensure that your messages are not sent to the person that acquires your old number.

Prohibited Conduct

You are solely responsible for all descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (the “Content”) that you upload, post, publish, display, transmit or otherwise use (collectively, “Upload”) via the Services. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Service.

The following are examples of Content or use that is illegal or prohibited by RebelGive. This list is not exhaustive, and we reserve the right to investigate anyone who, in our sole discretion, violates any of the terms of these Terms of Service. We further reserve without limitation the right to remove the offending Content, suspend or terminate the account of such violators, stop payments to any such Charity, freeze or place a hold on donations, and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and our users. Without limiting the foregoing, you agree not to use the Services to raise funds or contribute to any Charity involving (directly or indirectly):

  • violations of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with the Services;
  • any election campaigns;
  • content that is fraudulent, misleading, inaccurate, dishonest, or impossible;
  • illegal drugs, narcotics, controlled substances, pharmaceuticals or other similar products;
  • knives, explosives, ammunition, firearms, or other weaponry or accessories;
  • gambling, gaming or any other activity with an entry fee and a prize;
  • pornography or other sexual content;
  • offensive, graphic, perverse or sensitive content;
  • counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
  • products or services that infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
  • any other activity that RebelGive may deem in its sole discretion to be in support of individuals or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature;
  • transmit or otherwise Upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to Upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities or sales, “junk mail,” “spam,” “chain letters,” “sweepstakes,” or any other form of solicitation; or (vi) in the sole judgment of RebelGive, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose RebelGive or its users to any harm or liability of any type;
  • interfere with or disrupt servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  • harvest or collect email addresses or other contact information of other users from the Services by electronic or other means; or
  • raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust account for the sole benefit of the minor.

Additionally, with respect to all donations you make or accept through the Services, you agree:

  • not to make or accept any donations that you know or suspect to be erroneous, suspicious or fraudulent;
  • not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC);
  • to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation by adhering to any security procedures and controls required by RebelGive from time to time;
  • to maintain a copy of all electronic and other records related to donations as necessary for RebelGive to verify compliance with these Terms of Service and make such records available to RebelGive upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
  • at RebelGive’s request, including without limitation in case of investigations by RebelGive, a payment processing partner, or a regulatory or governmental authority, fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.

RebelGive reserves the right to refuse, condition, or suspend any donations or other transactions that we believe in our sole discretion may violate the Terms of Service or harm the interests of our users, business partners, the public, or RebelGive, or that expose you, RebelGive, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your donors, your donations, and transactions made through or in connection with your use of the Services.

Donations

In order to contribute to a Charity, a donor will be required to provide RebelGive information regarding its credit card or other payment instrument (“Payment Instrument”) that is linked to the donor’s account on the Services (a “Billing Account”). You, as a donor, represent and warrant to RebelGive that such information is true and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum donation amount may apply, and that all donation payments are final and will not be refunded unless RebelGive, in its sole discretion, agrees to a refund, in which event it will become the Charity’s obligation to reverse the entire donation transaction.

RebelGive uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any donations made, and donors acknowledge that by contributing a donation to a Charity, the donor is agreeing to all applicable terms of service set forth by our payment partners, currently:

  • Plaid (https://plaid.com)
  • CardConnect (https://cardconnect.com)
  • PrimaryPay/PrimaryChex (https://www.bluepay.com/payment-processing/gateway/echeck-processing/)
  • Amazon Web Services “AWS” (https://aws.amazon.com/serverless/?nc2=h_m2)

You may be charged a Platform Convenience Fee for any donation made through the Services, which amount will be shown to you before completing the donation.

RebelGive may at its sole discretion choose to cover the costs of some of these convenience fees (or any other financial processing-related fees or charges) on behalf of Donors and Charities. These fees and charges are covered by RebelGive in good faith to help Charities and Donors maximize their giving.

Any abusive, malicious, or excessive use or misuse of RebelGive’s platform — whether intentional or unintentional that results in abnormally high fees and charges being covered by RebelGive may be subject to cost-sharing, and all or a portion of the covered fees and charges may be be billed to the Charity at RebelGive’s cost. This billing will be in addition to the Service Fee a Charity pays RebelGive for use of the platform, and will be billed on a monthly basis if deemed necessary by RebelGive. By agreeing to our terms and using the service, you agree that RebelGive may charge your payment method on file for these additional amounts on a monthly basis whenever applicable.

Account Holds

From time to time, RebelGive may (in our sole discretion) place a hold on a Charity’s account, restricting Deposits (defined herein) to a Charity. Some of the reasons that we may place a hold on a Charity’s account include the following: (i) if we have reason to believe that information provided by a Charity is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) if we have reason to believe that a Charity has violated these Terms of Service, (iii) if we have reason to believe that there may be suspicious or fraudulent donation activity, or (iv) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations.

Receiving Donations

While RebelGive strives to make deposits available to you promptly, you acknowledge and agree that deposits may not be available to you for use immediately, and RebelGive does not guarantee that deposits will be available to you within any specific time frame, and RebelGive expressly disclaims any and all responsibility for any delay or inability to access and use deposits at any specified time, and any consequences arising from such delay or inability. You, as a Charity, are responsible for ensuring that the information you provide to RebelGive in order to process a deposit, including your bank account information, is accurate and up to date. RebelGive may, at any time, for any reason, without notice, and in its sole discretion, offer or issue a refund of donation(s) with or without consulting with you, which may comprise the entire amount donated to your campaign. RebelGive is not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by RebelGive issuing refunds, including, but not limited to transaction or overdraft fees.

You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by RebelGive, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally Upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by RebelGive from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of RebelGive, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by RebelGive.

The RebelGive name and logos are trademarks and service marks of RebelGive (collectively the “RebelGive Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to RebelGive. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of RebelGive Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of RebelGive Trademarks will inure to our exclusive benefit.

  • Third-Party Material: Under no circumstances will RebelGive be liable in any way for any content or materials of any third parties (including users and Charities) or any User Content (defined below), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that RebelGive does not pre-screen content, but that RebelGive and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any content that is available via the Services at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.

    We do not guarantee that any Services Content will be made available through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Services Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services Content or User Content, or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Services Content or User Content from the Services.

    You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to RebelGive are non-confidential and RebelGive will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

    You acknowledge and agree that RebelGive may preserve content and may also disclose content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of RebelGive, its users or the public.

  • Copyright Complaints: RebelGive respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify RebelGive of your infringement claim in accordance with the procedure set forth below.

    RebelGive will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to RebelGive’s Copyright Agent at support@rebelgive.com (Subject line: “DMCA Takedown Request”).

    If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to Upload and use the content in your User Content, you may send a written counter-notice to the above-listed Copyright Agent.

Payment Card Industry Data Security Standard

The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes, or stores credit cards. The primary purpose of the standards is to maintain controls around cardholder data to reduce credit card fraud. As a service provider, RebelGive is PCI DSS compliant and will maintain all applicable PCI DSS requirements to the extent that we possess or otherwise store, process, or transmit cardholder data on behalf of you, or to the extent that we can in any way impact the security of your cardholder data environment. RebelGive uses 256 Bit SSL technology for data transactions. All personal, credit card, and bank information is submitted using 256-bit encryption.

Third-Party Websites and Services

The Services or third parties may provide or facilitate links, tools, widgets or other features that allow you to access other sites, services and resources provided by third parties (collectively, “Third-Party Resources”). RebelGive has no control over such Third-Party Resources or any products, services or content made available through or by such Third-Party Resources, or the business practices of the third parties providing such Third-Party Resources, and RebelGive is not responsible for and does not endorse such Third-Party Resources or the products, services or content made available thereby. You acknowledge that RebelGive is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third-Party Resources. You further acknowledge and agree that RebelGive will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such Third-Party Resources. Any dealings you have with third parties found while using the Services are between you and the third party and may be subject to additional terms of the third party, which you agree to by using such Third-Party Resources, and you agree that RebelGive is not liable for any loss or claim that you may have against any such third-party.

Indemnity and Release

You agree to release, indemnify on demand, and hold RebelGive and its affiliates and their officers, members, managers, employees, directors and agents harmless from any and all losses, damages, expenses (including reasonable attorneys’ fees), costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to (i) your use of the Services, (ii) any donation, any User Content, or your connection to the Services, (iii) your violation of these Terms of Service, or (iv) your violation of any rights of another. You agree that RebelGive has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify RebelGive for the costs of its defense (including, but not limited to attorney’s fees.) If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.

Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. REBELGIVE AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

REBELGIVE AND ITS AFFILIATES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER REBELGIVE NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF REBELGIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL REBELGIVE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID REBELGIVE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

Disputes

ARBITRATION CLAUSE & CLASS ACTION WAIVER – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

  • Arbitration; Class Action Waiver: YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS, MEMBERS, OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, OR RIGHTS OF PRIVACY OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

    Notwithstanding the foregoing, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either of us to (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim.

  • The Process: Any arbitration between you and us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Service. The AAA Rules and filing forms are available online at www.adr.org by calling the AAA at 1-800-778-7879.

    A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Our current address for Notice is: RebelGive, LLC, 1601 Carmen Drive, Camarillo, CA 93010. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to work with you and make a good faith effort to resolve the claim directly, but if we aren’t successful within 60 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing or as provided by law.

  • Fees: If you commence arbitration in accordance with these Terms of Service, we will reimburse you for your payment of the filing fee unless your claim is for more than $10,000 in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at an agreed upon location in Ventura County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephone hearing or (c) by an in-person hearing as established by the AAA Rules in the county of your billing address. If the arbitration finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil procedure 11(b), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

  • No Class Actions: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

  • Modifications to this Arbitration Provision: If we make any future change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

  • Enforceability: If this Disputes section is found to be unenforceable, then the entirety of this Disputes section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the General section below will govern any action arising out of or related to these Terms of Service.

  • Confidentiality: We each agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers.

Termination

You agree that RebelGive, in its sole discretion, may suspend or terminate your account (or any part thereof) or your access to the Services and remove and discard any content or data at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Services and RebelGive will have no liability or responsibility with respect thereto. RebelGive reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.

General

These Terms of Service constitute the entire agreement between you and RebelGive and govern your use of the Services, superseding any prior agreements between you and RebelGive with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and RebelGive agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Ventura County, California. The failure of RebelGive to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) 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 these Terms of Service 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 Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of RebelGive, but RebelGive may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platform.

Questions? Concerns? Suggestions?

Please contact us at support@rebelgive.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Services.