Effective: July 1, 2020

Welcome to Piggybackr ("Site"), a fundraising platform that empowers teams of all sizes to raise money online. Piggybackr ("Piggybackr", "our") is owned and operated by Future Bright LLC. Please read these Terms and Conditions of Use ("Terms") carefully before using the Site. By accessing or using our Site, you ("user") agree to be bound by this agreement. If you do not agree, with these Terms, do not use this Site.

1. Acceptance of Terms

For Users

It is important that you go through these Terms so that you know what you can or cannot do on this Site. If you are under 13, go through the Terms with an adult so they can help you register. When you create an account and accept this agreement, you become a member. If you are under 13, this means that you accept the conditions below and that you confirm that your parent or a legal guardian has read and accepted the conditions.

For Parents

Contact us at [email protected] if you do not accept this agreement and you believe your child has already become a member of Piggybackr. Members under 13 will not be able to proceed without parental permission, which is necessary to activate their fundraising capabilities. Until the appropriate level of parental consent is obtained your child will not be able to proceed to use the Site and cannot publish anything to the Internet.

Piggybackr reserves the right to update the Terms at anytime without notice. Changes are effective immediately upon posting. We may contact you when changes are made but your continued use of the Site constitutes your acceptance of the revised Terms. By using and accessing our Site, you agree to our Terms and any other policies/legal notices that we post on our Site.

2. Definitions and Description of Service

Piggybackrs services include our website and any additional features, content, and functionality offered by us in connection with the Site.

• A "Visitor" is someone who is browsing through the Site.
• A "Leader" is someone who registers a team account. They assume the role of a fundraiser’s team leader.
• A "Team Member" is someone who registers an account and belongs to a team.
• A "Parent" is a legal parent or guardian whose child has registered with the Site.
• A "Supporter" is someone who gives or donates money to a fundraiser on the site.
• Team Member, Parent, and Leader are collectively referred to as "Members". Valid and accurate completion of the registration process leads to "Membership". Visitors and Members are referred to collectively as "Users" or "you".

3. Membership Obligations

You agree to:

• Provide true, accurate, current, and complete information when using the site, not limited to information about yourself, your organizations, and your fundraising activities. You will maintain the accuracy of all information you provide to us by updating it promptly. You authorize us to make inquiries, either directly or through third parties, to validate the registration information of Leaders and Parents. We reserve all rights to suspend or terminate your account, refuse any current or future use of the service, take legal action against anyone who misrepresents personal information or is not truthful about their identity, or presents inaccurate and incomplete information. However, you acknowledge that we cannot guarantee by 100% the accuracy of any information submitted by any User of the Site, nor any identity information about any User.
• When creating a fundraiser under the Leader registration process, you must be a US resident with a social security number or EIN. A Leader’s account may be terminated without warning, if we believe the Leader does not follow these guidelines.
• Parents may only register their own children, unless they are the child’s legal guardian (collectively "Parent"). A Team Member’s membership may be terminated without warning, if we believe that the Team Member is impersonating a child. A Parent Membership (and concurrently an associated Child’s Membership) may be terminated without warning if we believe that you are under 18 years old or are not the legal Parent of any child you have approved for membership on this Site.

4. Fees and Payments

Piggybackr is free to join. We do, however, charge fees for donations received. We update notification of those fees in our FAQ. We may change the fee from time to time. Changes are effective immediately after we provide you with notice on the Site. We may also temporarily change the fees for our services for promotions. These changes are effective when we post it on the Site.

All funds from donors are processed through Stripe, a third-party payment processor. All contributions are made one-time only and are limited to an amount specified by the donor. Funds are transferred to an account setup by the organization or individual designated to receive fundraiser proceeds by the Leader directly through Stripe, in the total amount of money given to the fundraiser minus credit card and transaction fees charged by our payment processors. Due to the occasional failures of some credit cards, Piggybackr cannot guarantee the full receipt of the amount. Organizations and individuals who receive and cash the proceeds are responsible for taxes applicable based on their net income or gross receipts.

Refunds requested by donors are the responsibility of fundraising leaders and can be processed during the fundraiser from the donations dashboard. Donations requested following the completion of the fundraiser after all funds are disbursed will be the responsibility of the fundraiser leader and any affiliated organization. These refunds are not able to be processed through Piggybackr after the fundraiser has completed because the funds have already been distributed to your bank account.

You are responsible for paying any fees associated with donations made through Piggybackr. A percentage-based transaction fee + credit card processing fee will be deducted from each online contribution received on Piggybackr. Contributions are subject to this fee one time-only. By launching your fundraiser, you agree to these terms. You will not be responsible for paying any fees if no money is received or donations are fully refunded.

In the event a fundraiser is removed from the Service for violating the Terms of Use, all fees paid are non-refundable, unless in its sole discretion Piggybackr determines that a refund is appropriate.User understands and agrees that our payment processors may alter their transaction fees at any point and such alterations are beyond the control of Piggybackr. Piggybackr reserves the right to change fees and will give notice of these changes to users by posting on the Site.

5. Raising Money on Piggybackr

Piggybackr is a website for fundraising and allows Leaders to create and post fundraisers with their team members. Piggybackr is not liable for your interactions with any organizations or individuals found on our Site. This includes, but is not limited, to the representations, warranties, and terms associated with fundraisers listed on Piggybackr. Piggybackr is not responsible for any damages or losses incurred as a result of dealings between you and such organizations or individuals.

Piggybackr is under no obligation to become involved with disputes between Users and Supporters, or between users and third parties. In the event of a dispute, you release Piggybackr and its parent company, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, regardless if they are known, suspected, or disclosed, that arise from or are in any way related to such disputes and our service.

Though Piggybackr cannot be held liable for the actions of its users, they are nevertheless responsible for fulfilling obligations both implied and stated in any fundraiser they create. Piggybackr reserves the right to cancel a fundraiser and refund all associated user’s payments at any time for any reason. Piggybackr reserves the right to remove a fundraiser, or suspend the listing from public listings for any reason.

6. Rules and Conduct

Postings which contain any of the below shall be considered in violation of this Terms of Use Agreement:

• Personal information which might identify a user or person that has not been approved by a child’s parent
• Profanity, obscenities, and personal attacks, bullying, or stalking of other individuals
• Impersonation of any person or entity without their consent, including, but not limited to, a Piggybackr employee, or falsely stating or otherwise misrepresenting your affiliation with a person or entity
• Slanderous, defamatory, obscene, pornographic, libelous, threatening, abusive, harassing, hateful, or otherwise objectionable, and any other information that Piggybackr, in its sole discretion, deems to be inappropriate for the site
• Actions to upload, post, e-mail or otherwise transmit Content that infringes or violates any third party rights, contains any viruses or other programs that are intended to do damage or intercept data, contains any form of solicitation that we consider in Piggybackr’s sole discretion to be unsolicited and unauthorized, interferes or disrupts the Site or servers & networks connected to the Site, or disobeys any policies or regulations of networks connected to the Site

Piggybackr will make every effort to ensure that the Site best serves the interests of all users, and, therefore, Piggybackr reserves the right to edit, delete, or refuse to post content that violate the above-referenced rules of participation, as well as revoke the privileges of users who do not comply with such rules.

If you believe that any content on the Site violates any of the provisions of these Terms, please send us a message at [email protected]. We reserve the right to take, or refrain from taking, any or all actions available to us once we receive a message.

We do not guarantee that others on the Site are or will comply with the Rules of Conduct or provisions of these Terms. You, not Piggybackr, assumes all risk of harm or injury resulting from any such lack of compliance.

7. No Commercial Use

The Site is only for your personal use. You may not use the Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity.

You agree to grant to us a royalty-free, worldwide, non-exclusive, sub-licensable right and license to exercise the copyright, publicity, and database rights you have in your Membership information, including any information generated by your Membership activity, in any media now known or not currently known, in accordance with our Privacy Policy. You agree that even though you may retain certain copyright or other intellectual property rights with respect to Content you post or upload while using the Site, you do not own the Membership you use to access the Site, nor do you own any data we store on our servers.

Except as when we specifically agree in writing, no Content from the Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Site, except that where the Site enables the download of particular Content if you do not use the Content in an unlawful manner or in a manner that suggests an association with any of our products, services or brands. We do not transfer the ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights in the Site or Content to you or any third party nor authorize you to create derivative works based on the Content.

You further understand and acknowledge that you may be exposed to User Content that may be inaccurate or that you find offensive or objectionable, and you agree to waive any legal or equitable rights or remedies you have or may have against us, and agree to indemnify and hold Piggybackr, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

Certain features or areas of the site may offer open communication between Users such as posting comments. You acknowledge these areas are for public and not private communications, and you have no expectation of privacy with regard to submissions in these areas. We make all such disclosures at your own risk. You are solely responsible for the Content you distribute on or through the Site under your username or otherwise by you.

You have a nonexclusive, limited, revocable license to use the Site while you are in compliance with this Agreement. You agree to follow certain rules of conduct and other rules that prohibit practices that we deem as harmful. These rules apply to all Users, including Visitors, Parents and Children. We reserve the right to take appropriate legal action against anyone who, in our sole discretion, violates any of these terms, including removing the offending content from the Site and terminating the Membership of such violators and any other involved parties.

8. Links to Other Websites and Content

The appearance of external links and postings made by third parties on the Site does not mean that Piggybackr endorses the opinions or views expressed. When you access third party websites, you do so at your own risk. These other websites are not under Piggybackr’s control. Piggybackr is not responsible or liable for any aspect of such websites. You further acknowledge and agree that Piggybackr is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

You release Piggybackr (and our shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the Site. You agree that: (a) we will have the right but not the obligation to resolve disputes between Users relating to the Site, and our resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent we elect to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Site and will not make judgments regarding legal issues or claims; © our resolution of such disputes will be final with respect to the Site but will have no bearing on any real-world legal disputes in which Users of the Site may become involved; and (d) you hereby release Piggybackr (and our shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with our resolution of disputes relating to the Site.

10. Privacy Policy

Use of the Site is governed by our Privacy Policy, which is incorporated herein by reference and is also subject to change from time to time.

11. Governing Law

This Agreement and the relationship between you and Piggybackr shall be governed in all respects by the laws of the State of New York without regard to conflict of law principles. You and Piggybackr agree to submit to the exclusive jurisdiction and venue of the courts located in Kings County of New York, New York except as provided below regarding optional arbitration.

Optional Arbitration For any Claim, excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than ten thousand U.S. Dollars ($10,000.00 USD), shall be settled through arbitration that takes place in New York, New York, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. The party electing arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties.

12. Termination

Piggybackr may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so from your account profile online or by emailing [email protected]. Any fees paid hereunder are non-refundable.

13. Severability

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Piggybackr may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

14. Indemnity

You hereby agree to indemnify, defend and hold Piggybackr, and their respective officers, directors, shareholders, employees, agents, licensors, representatives, and third party providers to the Site, harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms. Piggybackr reserves the right to assume, under its sole discretion, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Piggybackr in asserting any available defenses.

15. Warranty Disclaimer

Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, Piggybackr AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. Piggybackr will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that Piggybackr has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Piggybackr or through the Service, will create any warranty not expressly made herein.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PIGGYBACKR AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PIGGYBACKR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

16. MISCELLANEOUS

Piggybackr operates and controls this Site from its New York offices in the United States of America. Please send questions or inquiries to [email protected]. This Site is intended for residents of the United States. No software from this Site may be downloaded, exported, or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.