Terms Of Use

These terms and conditions govern Mobilize Digital, LLC’s (“Mobilize Digital”, “we”, or “our”) relationship with you when you use the Mobilize Digital website, https://mobilize.us (“site”) and any and all services available on or through the site or otherwise provided by Mobilize Digital, including via a mobile application (collectively, including the Site, the “Services”). By using or accessing the Site or Services available by Mobilize Digital, you signify that you have read, understand, acknowledge, and agree to be bound by these Terms of Use (“Terms”) as well as by the Mobilize Digital Privacy Policy https://wearemobilize.com/privacy.

These Terms apply whether you are (a) an entity that uses the services to promote a cause and / or raise funds or solicit donations from individual users on the Site and Services (“Organization”) or (b) an individual. An Individual User who uses the Services to support a cause promoted by an Organization or to make a donation to an Organization is a “Supporter” of that Organization. An Individual User may be a Supporter of more than one Organization. An Organization may offer a Supporter the opportunity to help promote its cause or solicit donations for the Organization by having the Supporter become a ‘Mobilizer’ on behalf of the Organization. An Individual User may be a Mobilizer on behalf of more than one Organization.

If you create a account on behalf of an Organization, you represent and warrant that you: (a) are the authorized representative of the Organization with the authority (i) to raise funds and/or solicit donations for the Organization (if the Organization will use the Site and Services to solicit donations) and (ii) to bind the Organization to the terms of this Agreement.

An Organization that raises funds and / or solicits donations via the Services is a “Recipient Organization.” Each Recipient Organization represents and warrants that it will use all donated funds solely for the purpose stated on the Site. A Recipient Organization that is a 501(c)(3) non-profit organization is a “Charity.” Each Recipient Organization warrants that it will not represent itself as a non-profit organization or as a Charity unless it (a) has and will maintain tax-exempt status under section 501(c)(3) of the Internal Revenue Code, (b) has public charity status under Section 509(a)(1) or (2), (c) is not classified by the Internal Revenue Service as a Type III supporting organization under IRC Section 509(a)(3), and (d) will utilize all donations received via the Services in accordance with such tax-exempt status.

All donations made by Individual Users are made at that Individual Users’ own risk. Mobilize Digital does not warrant that donated funds will be used for any particular purpose and is not responsible for any misuse of the funds by the Recipient Organization receiving the donation. Mobilize Digital does not warrant that Recipient Organizations that represent themselves as Charities on the Services actually have and maintain tax-exempt status and are in compliance with these Terms.

All donations are processed via Stripe and go directly to the Recipient Organization’s Stripe account, after deduction of fees to Mobilize Digital, and will be governed by Stripe’s User Agreement and Privacy Policy. Mobilize Digital makes no representation as to whether all or any portion of any donation including transaction fees, are tax deductible. Mobilize Digital is not liable for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any donation.

Ownership of the Services. Mobilize Digital is and shall be the sole and exclusive owner of the Site and Services, existing or future applications, APIs, all materials and technologies with respect to the Services, all new versions, improvements, enhancements, additions, and modifications to the Services, all copyright, patent, trade secret, and other intellectual property rights related to the Services and such materials, and all tangible media on which the Services and such materials are maintained.

User Generated Content. When you are using the Services, you may have the opportunity to post, stream, transmit or otherwise provide photos, videos, ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other content (collectively “User Generated Content”). You alone, not Mobilize Digital, are responsible for all of your User Generated Content and you retain ownership to all User Generated Content. However, by submitting your User Generated Content to Mobilize Digital, you hereby grant Mobilize Digital a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (and waive all moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, your User Generated Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in your User Generated Content. You warrant that the holder of any worldwide intellectual property right, including moral rights, in your User Generated Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. Mobilize Digital is not a content-archiving service. We do not promise to store or make available on our platforms any User Generated Content that you or other users may post for any length of time. You are solely responsible for keeping backups of everything you post on our Service.

Use of Site and Use Restrictions To the full extent permitted by law, Services are provided “as is” with all faults. Your use of the Services is at your own risk. The Services may contain errors or omission, or may be out of date. The Services may, without prior notice, change, be deleted, modified or updated at any time in Mobilize Digital’s sole discretion. As a condition of your use of the Services, you represent and warrant that when you access or use the Services you will not:

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

Fees. Mobilize Digital is able to provide the Services, and to further develop and enhance the Services, because it receives fees.

Organizations agree to pay either a subscription fee on either a month to month basis, as set forth in Mobile Digital’s Pricing Schedule. The Pricing Schedule is subject to change, from time to time, in Mobilize Digital’s sole discretion.

Credit card payment processing services are provided by Stripe. In the process of creating a Mobilize Digital account, an Organization will input information that will allow Mobilize to create a Managed Stripe account for the Organization. If you are an Organization, you request and authorize Mobilize Digital to do so. Whether you are an Organization or an Individual User, at the time your transaction is processed you must accept Stripe’s Connected Account Agreement and the Stripe Terms of Service.

There is no fee to maintain an account as an Individual User. However, except when another User agrees to cover the transaction fees that would otherwise be collected, Mobilize Digital will collect a transaction fee from every donation made by an Individual User via the Services. You agree that Mobilize Digital may collect that transaction fee, in accordance with its then current Pricing Schedule. In addition, and in accordance with its agreements, Stripe shall also collect a transaction fee from every donation made by an Individual User via the Services.

If you make a donation via the Services, create a Stripe account, or have Mobilize Digital create a Managed Stripe Account on your behalf, Stripe will store certain information about you. For more information, please see Stripe’s Privacy Policy.

You agree that all donation transactions are final and non-refundable.

Term and Termination. If you are an Organization, you have entered into either a month-to-month for Services, in which case your subscription will continue on a month to month or annual basis, as the case may be, so long as it is paid, unless otherwise terminated by Mobilize Digital in its sole discretion, as discussed below, or terminated earlier by the Organization by deleting its account. Mobilize Digital does not refund subscription fees in the event of early termination.

If you are an Individual, you may terminate your receipt of Services at any time by deleting your account.

Regardless as to whether you are an Organization or an Individual, Mobilize Digital has the right in Mobilize Digital’s sole discretion to immediately terminate this Agreement or your account and/or to suspend or terminate Services at any time, with or without reason (“Termination”). You agree that any Termination shall be made in Mobilize Digital’s sole discretion and that Mobilize Digital shall not be liable to you or any third party for any Termination. All of the following will survive Termination: any obligation you have to pay or indemnify Mobilize Digital, any limitations on Mobilize Digital’s liability, any warranty disclaimers, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us. Any donations made prior to the effective date of Termination will continue to be processed.

No Warranties MOBILIZE DIGITAL HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONCERNING THE CAPABILITIES OF THE SERVICE OR THE RESLTS OF EFFICACY OF ANY SERVICE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. MOBILIZE DIGITAL, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE, THE SITE INFORMATION OR THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF SITE, SERVICES OR SITE INFORMATION. MOBILIZE DIGITAL ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, ANY USER GENERATED CONTENT) OR USER COMMUNICATIONS.

Limitation of Liability: To the fullest extent permitted under law, Mobilize Digital and its affiliates, suppliers, partners and agents have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability, or otherwise) for any indirect, incidental, special, punitive, or consequential damages or liabilities (including, but not limited to, any loss of data or content, revenue or profit, or personal injury or death) arising from or related to your use of the platforms , service, or any content provided by or through the platforms or service, even if we have been advised of the possibility of such damages in advance. Notwithstanding anything to the contrary contained herein, Mobilize Digital’s liability and the liability of each of its affiliates, suppliers, partners, and agents to you or any third parties under any circumstance is limited to the amount you have paid us in the past three (3) months. You may not bring any action, regardless of form, in connection with this Agreement more than one year after accrual of such action.

RELEASE. YOU HEREBY AGREE TO RELEASE MOBILIZE DIGITAL, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES OR THE SITE INFORMATION. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “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.

Indemnification You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold Mobilize Digital, our licensors, licensees, distributors, agents, representatives, and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities, and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your use of the Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Digital Millennium Copyright Act; Copyright Complaints. Mobilize Digital may, in appropriate circumstances and at our discretion, remove or disable access to material on the site or our network that infringes upon the copyright rights of others. Mobilize Digital also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to the site or users of our network repeatedly infringe on others’ copyrights, Mobilize Digital may in its sole discretion terminate those individuals’ rights to use the site or our network. If you believe that your work has been used on our site or network in any manner that constitutes copyright infringement, please notify Mobilize Digital’s copyright agent by written notice. The notice should include the following information:

Entire Agreement; Modification; Waiver; Choice of Law. These Terms constitute the entire agreement between the parties pertaining to the matters set forth herein and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. Mobilize Digital reserves the right to update, supplement, modify, or amend the Terms (“Updated Terms”) at any time, without notice to you, by posting updated versions of these Terms to the Services. Your continued use of any Services after Mobilize Digital’s modification of these Terms constitutes your acceptance of the terms and conditions of Updated Terms, therefore, you should review these Terms and any Updated Terms before using the Services. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Services from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms. No waiver by Mobilize Digital of any of the provision of the Terms shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. You agree that these Terms, for all purposes, shall be governed and construed in accordance with the laws of the State of Delaware, without giving effect to its conflicts of laws provisions.