Last updated: (12/4/2019)
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://goempathy.org website (the “Service”) operated by Go Empathy LLC (“Go Empathy”). These terms can be revised the discretion of Go Empathy. Any questions regarding terms of service can be addressed to firstname.lastname@example.org. Any changes or updates will be noted in the “Last Updated” portion of these Terms and Conditions.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
DESCRIPTION OF SERVICE
Go Empathy is a full-circle (recipients respond to the donors via a thank you video) semi-closed crowdsourcing website that allows users to open a Community Room to raise funds for a desired campaign. Go Empathy is not a charity. Go Empathy is a service and NOT a non-profit 501(c)(3). sponsors and recipients are to invite others to participate in the Community Room. The Community Room is NOT open to the public (semi-private/semi-closed) and in order to access the details of a Community Room a number or link must be added. A simple ‘Search’ will show donors the need summary but will not allow donors to write on the message board until a donation is received.
Each individual donation will be subject to the following transaction fees: 1. Credit card processing fees of 2.99% + .30¢ per transaction and 2. Go Empathy’s 3% service fee.
Due to Go Empathy’s commitment to a global connection, the 3% fee collected on donations in the Global Community Rooms will not be retained by Go Empathy and instead will be given directly to the organization that is chosen by the donor. However, because of computer programming at this time, the 3% service fee will still be charged on the initial donation, but will be immediately be donated by Go Empathy to the chosen organization upon receipt of the funds. See Payment Policy for donations received.
Go Empathy does not guarantee the amount raised within the campaign and you accept the risk in providing a donation. Go Empathy provides the platform and tools for success but does not guarantee any outcome. As well, Go Empathy is not liable for how the money will be used. We are not responsible for misuse of monies or fraud by recipients, donors and other third-parties.
COMMUNITY ROOM SPONSORS/USERS/CAMPAIGN RECIPIENTS
You agree that all content posted is true and accurate. Any fraud will be immediately reported to the authorities. In the event of fraudulent activity being discovered before funds are distributed, the amount of the fraudulent transaction will be deducted from the total campaign funds received.
All Users of a campaign are responsible for the content they post. Go Empathy has the right to remove any user from their system for any reason. Any inappropriate, hateful speech or harassment will not be tolerated. Go Empathy certainly hopes that all parties involved, sponsors, donors and recipients will act and behave in a compassionate and loving way. However, Go Empathy is not responsible for behavior, emotional distress or outcome of the campaign. Please report inappropriate behavior immediately to email@example.com.
If Education Code or your company policy indicates your school or corporation cannot write a check for funds raised for a specific person and additional fundraisers have been completed these funds can be mailed to Go Empathy and the money will be applied to your Community Room total. The 5% service fee will not be deducted at the time of dispensing the final payment. To mail outside funds write to firstname.lastname@example.org for the mailing address.
Recipients will comply with the law in connection with reporting tax to local, state and federal government. Go Empathy will comply with all government agencies requesting information. Go Empathy is not responsible for reporting any tax information or documentation to local, state or federal officials. All monies collected are considered gifts and must be reported by the recipient.
To ensure the full-circle affect in giving, all Sponsors/Recipients agree to upload a final “Thank you” video before a pay-out. The ‘Thank you’ video needs to be posted within three (3) business days of the campaign end date. We found a 20% increase in donations after a fundraiser has closed when people “see” how their money is being used. Therefore, the campaign will officially close (final closure) 7 business days after the campaign end date to ensure that donors have a chance to participate and a check will be issued within 30 days of final closure. Please allow for 3-7 business days for delivery by mail. See Payment Policies or contact email@example.com if you have any questions.
You agree and understand that all uploaded content including emails, names, phone numbers, personal data, videos, pictures and images are the property of Go Empathy and all proper consent for viewing, posting, reposting, and content has been given by agreeing to these Terms and Conditions. Our Service allows you to post, link, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”).
Go Empathy takes seriously the safety of children. We do not knowingly collect personally identifiable information from anyone under the age of 13 (or 16 in Europe). If you are a parent or guardian and you are aware that your child under the age of 13 (or 16 in Europe) has provided us with Personal Data, please contact us at firstname.lastname@example.org. If we become aware that we have collected Personal Data from children under the age of 13 (or 16 in Europe), we will take steps to remove such information from our servers.
ORGANIZATIONS WITHIN THE WORLD MAP
Our website contains links to outside organizations to grow global connection and compassion. You can obtain their non-profit number from the comments section of the Community Room. Due to the programming of the Service the 5% service fee will be charged during the transaction because of computer programming at this time, however, these organizations will receive your full donation less the credit card processing fees.
LINKS TO THIRD PARTY SITES
Our Service may contain links to third-party websites or services that are not owned or controlled by Go Empathy. Go Empathy has no control over, and assumes no responsibility for, and makes no representations regarding the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Go Empathy shall 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 such content, goods or services available on or through any such websites or services.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
All content included as part of the Service, such as text, graphics, logos, images, videos, recordings as well as the compilation thereof, and any software used on the Service, is the property of Go Empathy or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Service. Go Empathy’s content is not for resale. Your use of the Service does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Go Empathy and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Go Empathy or our licensors except as expressly authorized by these Terms. For intellectual property complaints, please contact us at email@example.com.
The Service is controlled, operated and administered by Go Empathy from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Go Empathy Content accessed through the Service in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
INDEMNITY AND RELEASE
You agree to indemnify, defend and hold harmless Go Empathy, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Service or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Go Empathy reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Go Empathy in asserting any available defenses.
THIS SERVICE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SERVICE, ALL SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
GO EMPATHY, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Although Go Empathy attempts to ensure the integrity and accurateness of the Service, it makes no guarantees whatsoever as to the correctness or accuracy of the Service. It is possible that the Service could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Service by third parties. In the event that an inaccuracy arises, please inform Go Empathy so that it can be corrected. Information contained on the Service may be changed or updated without notice.
ARBITRATION CLAUSE/WAIVER OF RIGHT TO JURY TRIAL OR CLASS ACTION PARTICIPATION
IN THE EVENT THE PARTIES ARE NOT ABLE TO RESOLVE ANY DISPUTE BETWEEN THEM ARISING OUT OF OR CONCERNING THESE TERMS AND CONDITIONS, OR ANY PROVISIONS HEREOF, WHETHER IN CONTRACT, TORT, OR OTHERWISE AT LAW OR IN EQUITY FOR DAMAGES OR ANY OTHER RELIEF, THEN SUCH DISPUTE SHALL BE RESOLVED ONLY BY FINAL AND BINDING ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT, CONDUCTED BY A SINGLE NEUTRAL ARBITRATOR AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, OR A SIMILAR ARBITRATION SERVICE SELECTED BY THE PARTIES, IN A LOCATION MUTUALLY AGREED UPON BY THE PARTIES. THE ARBITRATOR’S AWARD SHALL BE FINAL, AND JUDGMENT MAY BE ENTERED UPON IT IN ANY COURT HAVING JURISDICTION. IN THE EVENT THAT ANY LEGAL OR EQUITABLE ACTION, PROCEEDING OR ARBITRATION ARISES OUT OF OR CONCERNS THESE TERMS AND CONDITIONS, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ITS COSTS AND REASONABLE ATTORNEY’S FEES. THE PARTIES AGREE TO ARBITRATE ALL DISPUTES AND CLAIMS IN REGARD TO THESE TERMS AND CONDITIONS OR ANY DISPUTES ARISING AS A RESULT OF THESE TERMS AND CONDITIONS, WHETHER DIRECTLY OR INDIRECTLY, INCLUDING TORT CLAIMS THAT ARE A RESULT OF THESE TERMS AND CONDITIONS. THE PARTIES AGREE THAT THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. THE ENTIRE DISPUTE, INCLUDING THE SCOPE AND ENFORCEABILITY OF THIS ARBITRATION PROVISION SHALL BE DETERMINED BY THE ARBITRATOR. THIS ARBITRATION PROVISION SHALL SURVIVE THE TERMINATION OF THESE TERMS AND CONDITIONS. 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.
AS SUCH, YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY OR PARTICIAPTE IN A CLASS ACTION IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
If you have any questions about these Terms, please contact us at