Revised on: March 28, 2019 14 Eagles & Associates, Private Affiliate; 14 Eagles and 14Eagles.com (hereinafter, "14 Eagles") provides a Digital, Web Based Gifting Platform and other gifting related services for its registered, Enrolled and Active Members, subject to the following TERMS (as amended from time to time, the "TERMS"). As an enrolled member in 14 Eagles and using its digital gifting platform, you will have access to and the use of 14 Eagles' gifting platform for a period of time according to the following TERMS. We reserve the right, at our sole discretion, to change or modify portions of these TERMS at any time. If we do this, we will post the changes on the 14 Eagles members website and notify you by email. Access and Use of the Platform Description: The Platform is offered as a platform to registered, enrolled or active members of the 14 Eagles Platform, which may include Enrolled Members and Gifting Members (each defined herein) and other active members of the Platform (which may include enrolled or active members who simply "like" Gifting Activities or otherwise interact with the Platform or 14 Eagles Services). Among other features, the Platform is designed to allow an enrolled or active member ("Active Member") to post a Monetary Gift ("Gifter") to the Platform to accept gifts from any active members wishing to gift to another active member ("Gifter"). Charitable Giving: Gifts are not charities to which you can make tax-deductible charitable contributions. However, in addition to the Platform described above, 14 Eagles permits Active Members to gift directly to charitable organizations ("Charities") through the Platform. You understand and acknowledge that 14 Eagles is not a charity. If you or your organization would like to register and be listed as a charitable organization on the Platform, please contact 14eagles.com The Platform: The 14 Eagles Platform is a web based digital administrative facility that provides members with the ability to administer and keep records of their gifts and gifters. It is not a party to any agreement between an Active Member and a Gifter, or between any enrolled or active member and a Charity. 14 Eagles ¡s not a broker, agent, financial institution, creditor or insurer for any enrolled or active member, nor does it guarantee the success of any registered, enrolled, active or inactive member in their gifting endeavors. 14 Eagles disclaims all liability in this regard to the fullest extent permitted by applicable law. 14 Eagles does not guarantee that an Active Member or a Charity will obtain a certain amount of Gifts or any Gifts at all. We do not personally endorse any Active Member, or Charity, and we make no guarantee, explicit or implied, that any information provided through the Platform by an enrolled or active member ¡s accurate. We expressly disclaim any liability or responsibility for the success of any Active Member, or the outcome of any gifting purpose. You, as a Gifter, must make the final determination as to the value and appropriateness of gifting to any Active Member or Charity.
We do not and cannot verify the information that Enrolled Active Members provide, nor do we guarantee that the Gifts will be used in accordance with any fundraising purpose prescribed by an Active Member or Charity. We assume no responsibility to verify whether the Gifts are used in accordance with any applicable laws; such responsibility rests solely with the Active Member or Charity, as applicable. You, as an Active Member, represent, warrant, and covenant that (i) all information you provide in connection with an Active Member is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any enrolled or active member; (ii) all Gifts contributed to an Active Member will be used solely at their own discretion; (iii) you will comply with your jurisdiction's applicable laws and regulations when you solicit funds, particularly, but not limited to, laws relating to your marketing and solicitation for your projection; and (iv) 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. Your Registration Obligations: You may be required to register with 14 Eagles in order to access and use certain features and services of the Platform. If you choose to register you agree to provide and maintain true, current and complete information about yourself as prompted by the Platform' registration form. Taxes: It is your responsibility to determine what, if any, taxes apply to the Contributions you receive through your use of the Platform. It is solely your responsibility to assess, collect, report or remit the correct tax, ¡f any, to the appropriate tax authority. Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify 14 Eagles of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session when accessing the Platform. 14 Eagles will not be liable for any loss or damage arising from your failure to comply with this Section. Modifications to Platform: 14 Eagles reserves the right to modify, suspend or discontinue, temporarily or permanently, the Platform (or any part thereof). We will endeavor to give you notice of any such modification, suspension or discontinuance. You agree that, to the extent permitted by law, 14 Eagles will not be liable to you for any modification, suspension or discontinuance of the Platform in accordance with these TERMS. General Practices Regarding Use and Storage: You acknowledge that 14 Eagles may establish general practices and limits concerning use of the Platform, including without limitation the maximum period that data or other content will be retained by the Platform and the maximum storage space that will be allotted on 14 Eagles servers on your behalf. You agree that 14 Eagles has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Platform.
Mobile Platform: The Platform may include certain services that are available via a mobile device, including (i) the ability to upload content to the Platform via a mobile device, (ii) the ability to browse the Platform from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Platform"). To the extent you access the Platform through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Platform may be prohibited or restricted by your carrier, and not all Mobile Platform may work with all carriers or devices. By using the Mobile Platform, you agree that we may communicate with you regarding 14 Eagles and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Platform 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. Enrolled or active member Conduct: You are solely responsible for all Member Campaign descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or transmit or otherwise use via the Platform. The following examples shown in Section "A" below are the kind of content that are prohibited by 14 Eagles. However, this list is not exhaustive and 14 Eagles reserves the right to investigate anyone by engaging public and private organizations, including, but not limited to collection agents, private investigators, and local, state, federal and applicable international agencies, and take appropriate action against anyone who, in 14 Eagles sole discretion, violates any of the content or spirit of these TERMS (or the principles described in our preamble hereto), including, without limitation, removing the offending content, suspending or terminating the account of such violators, when 14 Eagles reasonably believes it to be required by applicable law, and reporting you to law enforcement authorities or otherwise taking appropriate legal action. Without limiting the foregoing, you agree to not use the Platform to: A. establish or contribute to any Active Member with the implicit or express purpose relating to any of the following:
Indemnity and Release You agree to release, indemnify on demand and hold 14 Eagles and its administrators, and their officers, employees, directors and agents harmless from any 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 your use of the Platform, any Gifts or Active Member, any Enrolled or active member Content, your connection to the Platform, your violation of these TERMS or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction you waive any comparable statute or doctrine. Disclaimer of Warranties YOUR USE OF THE FundMe247 PLATFORM AND SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 14 Eagles 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. 14 EAGLES AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT (I) THE PLATFORM AND SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, PLATFORM, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FundMe247 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 FundMe247 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 SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND PLATFORM RESULTING FROM ANY GOODS, DATA, INFORMATION OR PLATFORM PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 14 EAGLES 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 14 EAGLES 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 SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PLATFORM. Dispute Resolution by Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. Most enrolled or active member concerns can be resolved quickly and to the enrolled or active member's satisfaction by emailing 14 Eagles support at support@14 Eagles.com. In the unlikely event that our enrolled or active member support team is unable to resolve a complaint you may have we each agree to resolve those disputes by arbitration, which is often cheaper, faster and less formal than a lawsuit in court. Termination You agree that 14 Eagles, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Platform and remove and discard any content within the Platform under reasonable circumstances, including, without limitation, for lack of use or if 14 Eagles believes that you have violated or acted inconsistently with the letter or spirit of these TERMS. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Platform, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Platform under any provision of these TERMS may be enforced without prior notice and acknowledge and agree that FundMe247 may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Platform where such deactivation or deletion is permitted under these TERMS. Further, you agree that 14 Eagles will not be liable to you or any third party for any termination of your access to the Platform