Terms of Use

Effective Date: September 2, 2016

Please read these terms of use (“Terms”) carefully. By browsing and using our website you (“User”), whether as a visitor, donor, or Client (as defined below), agrees to these terms and conditions. If you do not agree to the Terms, you are not permitted to use the Platform (as defined below).

We (meaning Revv, LLC, sometimes referred to as “Revv”) provide a website with related services and products that are used by organizations (“Clients”, who may also be Users) to raise money via donation. As such, we facilitate the processing of donations of online donations.

These terms of use apply to your use of our website, located at revv.co and/or our mobile applications, other platforms that connect to our website and/or mobile applications, and the products and services provided at our website and/or mobile applications, all as now existing or as may exist in the future (the “Platform”). If you are a User or Client, you accept these Terms.

Donations:

  • Authorization of Donation: By entering all of the information prompted on the Platform (including payment information, the “User Data”) in the process of making a donation, selecting a donation amount, and clicking “Donate” you thereby authorize us to process your donation by prompting our payment processing partner—Stripe—to charge the method of payment that you provided (a “Donation”).
  • Monthly Recurring Donations. In addition to the steps required to make a Donation, by selecting “Make this a monthly recurring donation.” you authorize us to process a Donation on every monthly anniversary of your initial Donation to the Client receiving your original Donation, in the amount of your original Donation, by prompting our payment processing partner—Stripe—to charge the method of payment used for your original Donation (“Monthly Donation”). If you do have a Revv account, you can opt out of a Monthly Donation by clicking here: app.revv.co/donor. If you do not have a Revv account, you can opt out by going here and following these instructions.
  • Weekly Recurring Donations. By selecting “Make this a weekly recurring donation.” you authorize us to process a Donation on every weekly anniversary of your initial Donation to the Client receiving your original Donation, in the amount of your original Donation, by prompting our payment processing partner—Stripe—to charge the method of payment used for your original Donation (“Weekly Donation”). If you do have a Revv account, you can opt out of a Weekly Donation by clicking here: app.revv.co/donor. If you do not have a Revv account, you can opt out by going here and following these instructions.
  • Email One-Click Donations. After making a Donation, you may receive an email from us or from a Client that prompts you to make a donation. By clicking the “Donate” link in the email, you thereby authorize us to process a donation by prompting our payment processing partner—Stripe—to charge the method of payment that you provided in your initial Donation.
  • Refunds. We do not handle nor are we responsible for refund requests for any donations. Please contact the Client that you donated to in order to receive a refund. We will process a refund at the direction of a Client.
  • Donation Representation. You represent and warrant that any Donation you make is not made in anyway to avoid applicable regulation or law.

Privacy and User Data. Please refer to our Privacy Policy for information on how we collect, use and disclose your information.

Data Accuracy. We shall have no responsibility or liability for the accuracy of ANY data uploaded to the Platform by any Client or User.

Data Deletion. If a User’s account has been delinquent, suspended, or terminated for at least 30 days, we may permanently erase User data.

Acceptable Use. User shall comply with these Terms. User shall not:

  • Provide Platform passwords or other log-in information to any third party;
  • Share non-public Platform features or content with any third party; or
  • Access the Platform in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the Platform, or to copy any ideas, features, functions or graphics of the Platform.

These Terms do not require that we take any action against User, Client, or other third party for violating the Terms, but we are free to take any such action if we see fit. Furthermore, we may suspend User’s or Client’s access to the Platform without advanced notice, for any reason or no reason, including when we feel you are violating these Terms.

Unauthorized Access. Users shall take reasonable steps to prevent unauthorized access to the Platform, including without limitation by protecting its passwords and other log-in information. Users shall notify us immediately of any known or suspected unauthorized use of the Platform or breach of its security and shall use best efforts to stop said breach.

Compliance with Laws. In its use of the Platform, User shall comply with all applicable laws, including without limitation laws governing the protection of personally identifiable information and other laws applicable to the protection of User Data.

Users & Services or Applications Access. User is responsible and liable for:

  • Users’ use of the Platform,
  • Unauthorized User conduct and any User conduct that would violate these Terms; and
  • Any use of the Platform through User’s account, whether authorized or unauthorized.

IP Rights to the Platform. We retain all right, title, and interest in and to the Platform, including without limitation, all software used to provide the Platform and all graphics, user interfaces, logos, and trademarks reproduced through the Platform. These Terms do not grant User any intellectual property license or rights in or to the Platform or any of its components. All Client licenses to use the Platform will be provided via written agreement. User recognizes that the Platform and its components are protected by copyright and other laws.

INDEMNIFICATION. User shall defend, indemnify, and hold harmless Revv and agent or employee of Revv against any “Indemnified Claim,” meaning any third party claim, suit, or proceeding arising out of or related to User’s alleged or actual use of, misuse of, or failure to use the Platform, including without limitation: (a) claims by Users or by User’s employees, as well as by User’s own users; (b) claims related to unauthorized disclosure or exposure of personally identifiable information or other private information, including User Data; (c) claims related to infringement or violation of a copyright, trademark, trade secret, or privacy or confidentiality right by written material, images, logos or other content uploaded to the Platform through User’s account, including without limitation by User Data; (d) claims that use of the Platform through User’s account harasses, defames, or defrauds a third party or violates the CAN-Spam Act of 2003 or any other law or restriction on electronic advertising; and (e) claims under the Telephone Consumer Protection Act that Revv is associated with violation of such Act due to a Client’s use of text messages that link to the Platform and that solicit donations. Indemnified Claims include, without limitation, claims arising out of or related to Revv’s negligence. User’s obligations set forth herein include retention and payment of attorneys fees and payment of court costs, as well as settlement at User’s expense and payment of judgments. Revv will have the right, not to be exercised unreasonably, to reject any settlement or compromise that requires that it admit wrongdoing or liability or subjects it to any ongoing affirmative obligations. This Indemnification agreement also applies to Revv’s officers, directors, shareholders, parents, subsidiaries, agents, successors, and assigns.

Clarifications & Disclaimers. The liabilities limited herein apply to liability for negligence, regardless of the form of action, whether in contract, tort, strict product liability, or otherwise, even if Revv is advised in advance of the possibility of the damages in question and even if such damages were foreseeable. If applicable law limits the Platform of the provisions herein, Revv’s liability will be limited to the maximum extent permissible. For the avoidance of doubt, Revv’s liability limits and other rights set forth herein apply likewise to Revv’s affiliates, licensors, suppliers, advertisers, agents, sponsors, directors, officers, employees, consultants, and other representatives.

Warranty Disclaimers. User accepts Platform “as is” and as available, with no representation or warranty of any kind, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, or noninfringement of intellectual property rights, or any implied warranty arising from statute, course of dealing, course of performance, or usage of trade. Without limiting the generality of the foregoing: (a) Revv has no obligation to indemnify or defend user or users against claims related to infringement of intellectual property; (b) Revv does not represent or warrant that the Platform will perform without interruption or error; and (c) Revv does not represent or warrant that Platform is secure from hacking or other unauthorized intrusion or that user data will remain private or secure.

Arbitration and Choice of Law. These Terms shall be construed under the laws of the State of Delaware. In the event of dispute or controversy relating to this Terms, or breach thereof, the Parties agree to submit such dispute to arbitration in the State of Delaware, under the Commercial Rules of Arbitration of the American Arbitration Association. The prevailing party in such a dispute is entitled to recover fees and expenses including a reasonable attorney’s fee.

Amendment. Revv may revise the Privacy Policy and Acceptable Use Policy at any time by posting a new version of either on the Platform, and such new version will become effective on the date it is posted.

If you have any questions concerning these Terms, please contact donations@revv.co.