Terms of Service

Updated: Rev. 05/14/21

THESE TERMS OF USE ( “TERMS OF USE”) DEFINE THE RELATIONSHIP BETWEEN CHANGEBOWL, LLC (“CB” OR “WE” OR “US”) AND YOU (“YOU” OR “YOUR”), THE PERSON ACCESSING CB’S WEBSITE (THE “SITE”). YOU MAY USE THE SERVICES (DEFINED BELOW) ONLY IF YOU CAN FORM A BINDING CONTRACT WITH US AND ARE NOT A PERSON BARRED FROM RECEIVING SERVICES UNDER THE LAWS OF THE UNITED STATES OR OTHER APPLICABLE JURISDICTION. IF YOU ARE ACCEPTING THESE TERMS OF USE ON BEHALF OF AN ORGANIZATION, GOVERNMENT, OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO DO SO. IF YOU CANNOT CONFIRM THE FOREGOING, THEN YOU MUST NOT ACCEPT THESE TERMS OF USE AND MAY NOT USE THE SITE, OR THE SERVICES. YOU MAY USE THE SERVICES ONLY IN COMPLIANCE WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS AND REGULATIONS.

We may amend these Terms of Use at any time by posting the revised Terms of Use on the Site. We may terminate these Terms of Use at any time by suspending or terminating access to the Site, and/or Services and/or notifying you. You can see when these Terms of Use were last revised by referring to the date above. Your continued use of the Site and/or Services after we have posted revised Terms of Use signifies your acceptance of such revised Terms of Use. No amendment or modification of these Terms of Use will be binding unless posted to the Site by our duly authorized representative.

Binding Arbitration ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THESE TERMS OF USE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN THE SECTION TITLED “BINDING ARBITRATION AND APPLICABLE LAW” BELOW. PLEASE READ THE SECTION TITLED “BINDING ARBITRATION AND APPLICABLE LAW” CAREFULLY.

Services

By using the Site, you can link a bank account of your choosing to the Site and, according to the parameters you establish during your enrollment, or by adjusting said parameters at a later time, you will be making a monthly donation (collectively, the “Services”) to the non-profit organization (the “Organization”) you selected. We are always working on new ways to improve our Services. We reserve the right to modify or change our Site or the Services, temporarily or permanently, with or without notice to you. You acknowledge and agree that we shall not be liable to you or any third party in the event that we exercise our right to modify, change or discontinue the Site or the Service. By enrolling, you authorize us to make a monthly withdrawal of funds from your linked bank account that is consistent with the donation parameters you have established and which can be changed at any time, by you, through your profile on the Site. By entering into this agreement, you agree to the terms of service of Plaid, our bank linking service and Stripe, our funds transfer service. This Service is not directly supported by, endorsed or certified by Plaid or Stripe and they provide no warranties and make no claims about this Service.

Agreement with Respect to Terms of Use

These Terms of Use constitute a legally binding agreement between Changebowl, LLC and you. You are responsible for regularly reviewing these Terms of Use. You can review the most current version of the Terms of Use at any time on the Site. Additional terms, including without limitation those set forth in any Agreements, may govern your use of certain Web pages accessible from the Site. In the event that any provision, term or guideline contained on a particular Web page accessible via the Site conflicts with these Terms of Use, the terms of such Web page shall control over these Terms of Use. You acknowledge that you have read these Terms of Use, and accept, understand and will be bound by such terms and conditions. You further acknowledge that these Terms and Conditions, together with the Privacy Policy and terms governing any individual Web page, represent the complete and exclusive statement of the agreement between us and supersede any proposal or prior agreement oral or written, and any other communications between us relating to your access or use of the Site and Services.

Registration

Certain features or services offered on or through the Site may require you to open an account and set up a profile, providing certain personally-identifiable information, including but not limited to your name, your address, your email address, phone number, and financial information (collectively, your “Client Information”). We restrict certain areas of the Site to registered users. You agree that you will maintain and promptly update your Client Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect such, we reserve the right to terminate your account and refuse any and all current or future use of the Site by you. We are committed to your privacy, and our privacy policy (the “Privacy Policy”), the terms of which are incorporated herein, explains the policies put in place and used by us to protect your Client Information and your privacy as you visit and use the Site and use our Services. You agree to notify us immediately of any unauthorized use of your account. We will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold harmless CB and the Organization and its managing members, directors, employees, partners, parents, subsidiaries, agents, affiliates, and licensors (collectively, “Affiliates”), as applicable, for any improper, unauthorized or illegal uses of your account and as otherwise set forth in these Terms of Use.

Use and Restrictions Content and Materials

All text, videos, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork, algorithms, functionalities, features and computer code, including but not limited to design, structure, “look and feel” and arrangement of the content available on the Site (collectively, “Content”) is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The Content and the Site are owned by CB and/or their licensors and suppliers (which may include lessors, lessees, owners, sellers, buyers, agents, brokers, multiple listing services, builders, service providers, content providers, vendors and others). Except as expressly provided in these Terms of Use, no part of the Site or the Content may be copied, reproduced, republished, posted, publicly displayed, translated, or distributed in any way. Subject to the limited rights to use the Site and Services pursuant to these Terms of Use, we retain all right, title and interest in and to the Site, the Content and Services, including all related intellectual property contained therein.

We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of third-party websites, including, without limitation, linked sites and websites linking to the Site. You should review applicable terms and policies, including privacy and data gathering practices, of third party websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Prohibited Uses

You may not use the Site or Services for illegal or unlawful or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole judgment, including, without limitation, the laundering of proceeds of any unlawful activity, the financing of terrorism or the commission of fraud or market manipulation. We reserve the right to take preventive or corrective actions to protect ourselves and our users. Your use of the Site and Services is conditioned in part on your compliance with the rules of conduct provided herein, and your failure to comply may result in termination of your access to and use of the Site and Services and liability for damages caused by your noncompliance. In addition to the foregoing, while using the Site and Services, you may not, except as may be expressly set forth above under “Permitted Uses” (a) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten or otherwise violate the rights of others, including without limitation privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another user’s account without permission, or solicit another user’s login information; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Services; (f) “frame” or “mirror” any portion of the Site, or Services; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or Services; (h) harvest or collect information about or from other users of the Site or Services; (i) use the Site or Services for any illegal activity; (j) probe, scan or test the vulnerability of the Site, nor breach the security or authentication measures on the Site or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, such as a denial of service attack; (k) access or use any portion of the Content if you are a direct or indirect competitor of the Organization, or provide, disclose or transmit any portion of the Content to any direct or indirect competitor of the Organization; (l) use or distribute any Content, including Content that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product; or (m) facilitate or encourage any violations of this Section.

Warranties, Disclaimers and Limitations of Liability

You represent and warrant that (a) all information, including, without limitation, Client Information, that you provide to us is accurate and truthful, (b) you have the authority to share Client Information with us and to grant us the right to use Client Information as provided in these Terms of Use and Privacy Policy, (c) you have the right to grant us the licenses specified in the Section titled “Content and Materials” above, if applicable, (d) your acceptance and use of the Site pursuant to these Terms of Use does not violate any applicable law or other contract or obligation to which you are a party or are otherwise bound, and (e) the Materials do not infringe the intellectual property rights, including any copyrights, trademarks, trade secrets, right of privacy, or right of publicity, of any person.

Disclaimer of Warranties

ALTHOUGH CB MAKES EFFORTS TO PROVIDE AN ACCURATE SITE, THE SITE AND SERVICES AND ALL RESPECTIVE PARTS THEREOF ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. THE ORGANIZATION AND ITS AFFILIATES AND THEIR RESPECTIVE MANAGING MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “CB PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE, THE APPLICATION AND THEIR RESPECTIVE CONTENT, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, (4) THE SITE AND CONTENT CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY ORGANIZATION PARTY AND (5) THAT ACCESS TO OR USE OF THE SITE, THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE SITE AND THE CONTENT IS AT YOUR OWN RISK AND CB MAKES NO WARRANTIES. CB RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME.

Your reliance upon the information available on the Site or located through utilization of the Services and your interactions with third users identified through the Services is SOLELY AT YOUR OWN RISK. Your interactions with other users or advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other person or entity, and you agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other person’s or entity’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party, we are under no obligation to become involved, and you agree that you will manage any such dispute or disagreement directly, and that you will not make any claims against us with respect to products or services purchased through your use of the Services.

The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet, mobile devices and electronic communications. We are not responsible for any delays, delivery failures or other damages resulting from such problems. We do not guarantee the Site or Services will be operable at all times. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site and Services, or any portion of the Site; (2) to modify or change the Site or Services, or any portion of the Site or Services, and any applicable policies or terms (except as described in the Privacy Policy); and (3) to interrupt the operation of the Site, and/or provision of Services, or any portion of the Site, or Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THESE TERMS OF USE.

Limitation of Remedies IN NO EVENT SHALL CB BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR THE CONTENT, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE SITE OR OTHERWISE ARISING OUT OF THE USE OR ACCESS OF THE SITE OR USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE ORGANIZATION HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SITE AND ALL OTHER USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Indemnification Content and Materials

You will indemnify and hold the CB and its Affiliates harmless with respect to any suits or claims arising out of (i) your breach of these Terms of Use, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; (ii) your fraudulent or malicious use of the Site and/or Services or your misuse or abuse of the Site and/or Services; (iii) your violation of applicable laws, rules or regulations in connection with your use of the Site or Services, or (iv) our use of Materials generated or uploaded by you in accordance with these Terms of Use. YOU AGREE TO INDEMNIFY AND HOLD CB, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE ORGANIZATION AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY PROVISIONS OF THESE TERMS OF USE.

Binding Arbitration and Applicable Law

(Continued from Section titled “Binding Arbitration” above) Arbitration shall be conducted by and submitted to a single arbitrator (“Arbitrator”) selected from and administered by the Las Vegas, Nevada office of JAMS (“JAMS”), in accordance with its then-existing Comprehensive Arbitration Rules & Procedures. The Arbitrator shall be authorized to award compensatory damages, but shall NOT be authorized to award non-economic damages such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages. Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Arbitrator and JAMS; however, the Arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the Arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the Arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Judgment on the award may be entered by any court of competent jurisdiction. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence. These Terms of Use are governed by the laws of Nevada without regard to conflicts of laws principles. Access or use of the Site and/or Application is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CB as a result of these Terms of Use or accessing or using the Site or Services. CB’s performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of CB’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Site or information provided to or gathered by CB with respect to such use.

Interpretation

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Except as otherwise specified in these Terms of Use, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the first business day after sending by email. Notices to us must be sent in writing to the following address: 9120 Double Diamond Pkwy, Reno, NV 89521. The Services, Content, other technology we may make available, and derivatives thereof may be subject to laws and regulations of the United States and other jurisdictions. No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise. We may assign our rights and privileges under these Terms of Use (including your user registration), without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or to an affiliate, or in connection with a change in control. Subject to the foregoing, these Terms of Use shall bind and inure to the benefit of the CB Parties, their respective successors and permitted assigns. The term of these Terms of Use will continue for as long as we allow you access to and use of the Site and/or Services. Sections titled “Content and Materials,” “Warranties, Disclaimers and Limitations of Liability,” “Applicable Law and Jurisdiction,” “Interpretation,” and “Indemnification,” and this Section shall survive any termination or expiration of these Terms of Use.

Donations

The Services provided by CB for the benefit of the Organization are subject to payment of fees by the Organization to CB. CB will offset those fees before settling payments to the Organization. The provision of tax receipts for donations by you to the Organization are the sole responsibility of the Organization.