By using this Website in any way (or by clicking through to another page, or submitting a query, etc.),
the user is bound to our "Terms of Service."
Terms of Service
You understand and acknowledge that in certain cases we use the support services of third parties to process your requests and to provide you with requested services. You understand that these service providers are not under our control and you agree to not hold us liable for the actions or inactions of such third party providers.
By using the Website or any of the services, you represent and warrant that you are of legal age to form a binding contract with us, and that your use of the Website does not violate any applicable law or regulation.
II. Accuracy of Information and Responsibility of Visitors
When describing our services and giving information, we attempt to be as accurate as possible. However, to the extent permitted by applicable law, we provide no warranty that the information, services, products or other content available on the Website is completely accurate. Additionally, we do not warrant that descriptions of our services or any other information are current or accurate.
We have not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, we do not represent or imply that we endorse the material there posted or believe such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity, intellectual property rights, or other proprietary rights of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We disclaim any responsibility or liability for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
III. Use of 1Purpose; Processing; Fees:
The services provided on the Website are free of charge to users. 1Purpose charges donors a small contribution fee at the time a contribution is made to a 529 Plan and Network for Good charges donors a small contribution fee at the time a donation is made to a charity through the Website, as provided in more detail below.
Fundraisers: The purpose of the Website is to provide to individuals a user-friendly fundraising platform to enable individuals to raise funds for charities or 529 Plans (your “cause”). To fundraise you create a profile with a described challenge. You may select a challenge from a drop-down menu or contact us with a request to add a particular activity or challenge to the drop-down menu. The challenges are goal-oriented activities, such as running, walking, losing weight, or reading. Once you create your profile and challenge plan you can then select a charity for which you are fundraising, or, alternatively, you may identify a particular 529 Plan for which you wish to fundraise. Once you complete your profile is setup, we will create a unique link which will be used to direct potential donors to your profile and enable them to make a donation. You agree that you will not send the link, or have us send the link, to individuals with whom you are not directly acquainted; you may not use our services to generate or send spam. When your selected cause is a 529 Plan and a minor is involved, you hereby represent and warrant that you are the parent or legal guardian of the child who’s account information is being provided in connection with the services or have received the express consent of the parent or legal guardian of the child who’s account information is being provided in connection with the services to use the account information of such minor.
Donations/Contributions: With the unique link created for your profile donors will be directed to your profile pages on our Website and enable the donor to make a donation through the Website for your selected cause. Depending on whether your selected cause is fundraising for a charity or for a college 529 Plan, the procedures, processing and fees will vary. We want to make sure you fully understand how we process contributions and we invite you to contact us with any questions about the processing of contributions.
Processing Donations to Charities; Fees: If the selected cause is a charity, all payments and donations will be processed entirely by Network for Good. To assist with the administration and facilitation of your donation to the chosen charity, Network for Good subtracts a nominal 4.75% fee before depositing the funds with the charity. 1Purpose does not profit from or deduct any portion of the donation when the selected cause is a charity and the donation is made to the charity. Please note that because we do not process payments made to charities (as they are processed entirely by Network for Good) we cannot control the timeliness of such processing or disbursements of the donation to the charity.
Processing Contributions to 529 College Plans; Fees: Unlike donations made to charities, which are processed by Network for Good, 1Purpose independently processes all contributions made to 529 Plans through the Website. To assist with the administration and facilitation of the 529 contribution to the chosen 529 Plan, 1Purpose subtracts a nominal 5% fee before dispersing the funds to the selected account. We will disburse contributions (whether by mailing a check or otherwise) to the selected 529 account within two (2) weeks of processing your payment.
IV. Intellectual Property
All content available on the Website, including but not limited to, text, graphics, logos, service marks, trademarks, icons, images, audio and video clips, data compilations, software, and other company identifying marks, and the compilation or combination thereof, or other content (collectively referred to as “Intellectual Property”), is the property of 1Purpose, its affiliates, partners and licensors, and is protected by United States copyright law, trademark law, international conventions and other intellectual property law.
Aside from the provisions in the limited license set out below, or as required by law, the Intellectual Property of the Website may not be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited in full or in part, for any purpose without the prior written consent of 1Purpose.
V. User License
1Purpose grants you a limited, revocable, and nonexclusive license to access and make personal use of the Website. Please note that you may not frame or utilize framing techniques to enclose the Website or any portion thereof without our prior written consent.
This license does not include the right to modify or download the Website or its contents (except caching or as necessary to view content), make any use of the Website or its content other than personal use, create any derivative work based on either the Website or its content, collect account information for the benefit of another party, use any meta tags or any other “hidden text” utilizing our name or our trademarks without our express prior written consent, or use software robots, crawlers, spiders, or any other data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure, bandwidth, or operating capabilities.
Any unauthorized use by you of the Website terminates the limited license set forth in this section without prejudice to any other remedy provided by applicable law.
By uploading Content onto the Website, you represent and warrant that you own or control the rights the Content. If you post any Content to the Website, you are entirely responsible for the content of, and any harm resulting from the Content. You may not use a false e-mail address or other contact information, impersonate any person or entity, or otherwise mislead us as to the origin of the Content.
VII. Standards of User Conduct
You may not use the Website and its related services to:
i. transmit Content which 1Purpose considers in its sole discretion to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin, or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable Content;
ii. sell or promote any products or services that are unlawful in the location at which the Content is posted or received;
iii. introduce viruses, worms, Trojan horses and/or harmful code on the Internet;
iv. display material that exploits minors under 18 years of age;
v. post or disclose any personally identifying information about minor or any third parties without their consent (or their parent’s consent in the case of a minor under 18 years of age);
vi. post any Content or otherwise infringe in any way or violate any copyright, patent trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
vii. promote, solicit or participate in multi-level marketing or pyramid schemes;
viii. harass, embarrass or cause distress or discomfort to another participant, user or other individual or entity;
ix. impersonate any other person, including but not limited to, a 1Purpose representative;
x. post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on the Website; or
xi. intentionally or unintentionally violate any applicable local, state, federal or international law, including but not limited to any regulations having the force of law while using or accessing the Website, or in connection with your use of the Website;
These are some, though not all, of the activities that may result in removal of Content which you post to the Website and/or termination of your access to the Website. You agree that you will be solely responsible for any action you take on the Website and for any Content you post on our Website. You further agree that you will indemnify us and hold us harmless in the event that legal action is taken or threatened against us because of your activities on the Website and that you will reimburse us for any expenses associated with our defense, including reasonable attorneys’ fees.
Digital Millennium Copyright Act
Pursuant to copyright complaints and notifications, we remove content that is infringing. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send the notification to Support@1purpose.com.
VIII. Links to Our Website
You may not create a hyperlink to our Website for business or commercial use without our prior written consent. If we provide prior written consent, you may be granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website for personal, noncommercial use only.
A website that links to our Website:
i. may link to, but not replicate, our content;
ii. may not imply that we are endorsing your or any other websites, companies, services, products, concepts, statements, or views;
iii. may not misrepresent its relationship with us in any manner;
iv. may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages and users;
v. may not portray 1Purpose or its products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;
vi. may not use any trademark without express written permission;
vii. may not link to any page of the Website other than the home page.
viii. We may, in our sole discretion, request that you remove any link to our Website, and upon receipt of such request you must immediately remove such link.
IX. Links to Third Party Websites
The products and services available on the Website are for personal use only. You may not sell or resell any of the products or services that you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of this Agreement.
In order to purchase products from the Website’s store, you must submit the necessary contact and payment information, including, without limitation, your name, address, credit card and email. You are responsible for the accuracy of the information in your accounts. By providing such information to 1Purpose by any means, you represent that any information or materials provided by you shall be accurate, complete and correct and that you shall have lawful right to provide such information to 1Purpose for use in processing your orders. By using the Website’s payment method, you confirm that you possess the legal authority to enter into this Agreement, including without limitation, instructing us or our authorized vendors to collect any payments from a credit or debit card, and to use the Website in accordance with this Agreement. Billing to your credit card or to your account occurs at the time of purchase or donation, or shortly thereafter. All sales of merchandise purchased from the Website are subject to our standard sales terms and conditions, which contain certain warranty and liability limitations. All returns and exchanges of merchandise purchased form the Website is subject to our standard return and exchange policy. We will charge tax in states where such purchases are taxable and your invoice will include both the purchase price and sales tax based on the bill-to address for the credit care at the sales tax rates then in effect at the time of purchase. You agree that you are responsible for all charges incurred by your use of the Website and you expressly authorize us to charge the credit card provided by you or listed on your account for any outstanding fees or costs due to us.
XI. Accounts and Passwords
If you use the Website, you are responsible for maintaining the confidentiality and security of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are accessing and using the Website on someone else’s behalf, you represent that you have the authority to bind that person as a principal to this Agreement, and you agree to accept liability for harm caused by any wrongful use of the Website resulting from such access or use. You must not describe or transmit information in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions, in connection with your account or password. We reserve the right to refuse service, terminate accounts, or remove or edit content for any reason, in our sole discretion with or without prior notice.
XII. Representations, Warranties, and Limitations of Liability
The Website is presented “as is.” We make no representations or warranties of any kind whatsoever, express or implied, in connection with this Agreement or the Website, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose (unless such representations and warranties are not legally excludable).
You agree that we will not be responsible or liable, under any circumstances, for any:
i. interruption of business;
ii. access delays or access interruptions to the Website;
iii. data non-delivery, mis-delivery, corruption, destruction or other modification;
iv. loss or damages of any sort incurred as a result of dealings with or the presence of third party website links on the Website;
v. computer viruses, system failure or malfunction that may occur in connection with your use of the Website, including during hyperlink to or from third-party Websites; or
vi. events beyond our reasonable control.
FURTHER, to the maximum extent permitted by law, we will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits), related to the Website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages, in no event shall our maximum aggregate liability exceed one hundred dollars ($100).
NEITHER 1PURPOSE NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. WE ARE NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The services are intended only to assist you in collecting funds for a college savings fund or for charity fundraising. Your personal financial situation is unique, and any information and advice obtained through the services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances. In addition, nothing on the Website should be construed as an offer to sell, or a solicitation of an offer to buy a security, a recommendation for any product or service by 1Purpose or any associated third party, or a suggestion regarding the purchase, holding or sale of securities.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your use of the Website. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of the Website in violation of this Agreement, or any other action you take that imposes an unreasonable burden, load, or risk on our infrastructure.
XV. Dispute Resolution
With respect to any dispute regarding the Website, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the Commonwealth of Massachusetts, as if this Agreement were a contract wholly entered into and wholly performed within the Commonwealth of Massachusetts.
In the event of any dispute arising out of this Agreement, you and 1Purpose each agree to use good faith efforts to resolve our differences amicably. In the event that those efforts are unsuccessful, you and 1Purpose agree to resolve the dispute through arbitration and not to commence litigation. Any dispute relating in any way to your visit to the Website that cannot be resolved amicably shall be submitted to arbitration in the Commonwealth of Massachusetts, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the Commonwealth of Massachusetts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
XVI. Term and Termination
This Agreement is effective from the date that you first access the Website or on the date that you activate your account and become an authorized user, whichever is earlier, and continues in effect until terminated in accordance with this Agreement. We reserve the right, at our sole discretion, to modify or replace any part of this Agreement.
We reserve the right to terminate your access to all or any part of the Website at any time, with or without cause or notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Website. Any obligations under this Agreement that either expressly or by their nature continue beyond the termination of this Agreement shall survive the termination of this Agreement, including without limitation Articles IV, XII, XIII and IX and XIV.
XVII. General Provisions and Miscellaneous Issues
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves our original objectives and intent as reflected in the original provision to the extent possible, as allowed by law.