Calendar Fundraiser Terms of Service
Questions about our terms? Contact Us
Effective Date: September 1, 2024
1. Introduction
1.1 Purpose of the Terms: Welcome to Calendar Fundraiser! These Terms of Service, which we may update from time to time, apply to the Calendar Fundraiser platform, including our website at www.calendarfundraiser.net, mobile apps, and any new features we might add. These Terms of Service are important because they help define our relationship with you as you use the Platform. “Calendar Fundraiser,” “we,” “us,” “our,” and other similar terms refer to the party you are contracting with.
1.2 Acceptance of Terms: By using any of the services or the platform, you agree to these Terms of Service. This means you understand and accept all the rules about using our services. Whether you are donating as a Donor, setting up a Calendar as a Fundraiser Organizer, or withdrawing funds as a Fundraiser Organizer or Beneficiary, these terms apply to you. Depending on your location, you may be entering into this agreement with different Calendar Fundraiser entities. If you are located in the United States, you are contracting with Calendar Fundraiser, Inc. Please see the bottom of these Terms of Service for our contact information.
1.3 Quick Note on Arbitration: If you’re using Calendar Fundraiser in the United States, you should know about our arbitration agreement. By using our services, you agree that if there’s a disagreement or legal issue between you and Calendar Fundraiser, it will be resolved through binding arbitration, not in court. You also waive your right to be part of a class action lawsuit or to have a jury trial. Please make sure to read the “Dispute Resolution & Arbitration” section of these Terms of Service for more details.
2. Definitions
These are the key terms that will be referenced throughout these Terms of Service:
2.1. Account: A unique account created by a user to access and utilize Calendar Fundraiser’s services, which includes personal information, credentials, and activity logs.
2.2. Affiliates: Any entity that directly or indirectly controls, is controlled by, or is under common control with Calendar Fundraiser. This includes subsidiaries, parent companies, and other related entities.
2.3. Beneficiary: The individual, group, or entity for whose benefit the corresponding Calendar Fundraiser is conducted and who is the intended recipient of the funds raised.
2.4. Certified NPO: Any 501(c)(3) non-profit organization that is eligible to receive donations through the Calendar Fundraiser platform.
2.5. Donor: Any individual or entity that contributes funds to a Calendar Fundraiser on or through the services.
2.6. Fundraiser: A campaign initiated on the services with the goal of raising funds for a specific purpose for a Beneficiary.
2.7. NPO: A non-profit organization (including churches, universities, or other educational institutions) that is established for charitable purposes under applicable laws and is eligible to receive donations through the platform.
2.8. Organizer: An individual or entity (including a non-profit organization) who initiates and manages a Calendar Fundraiser on the platform.
2.9. Platform: The entire suite of online services provided by Calendar Fundraiser and its affiliates, including our website, mobile applications, and any related services or technologies.
2.10. Recurring Fee: A recurring fixed fee that we may charge when donors set up a recurring donation to a Calendar Fundraiser. To learn more about the platform and the applicable recurring fee, visit Calendar Fundraiser Pricing.
2.11. Services: The various features, functionalities, and tools provided by Calendar Fundraiser and its affiliates through its platform, enabling users to create and manage Calendar Fundraisers, donate, and interact with each other.
2.12. Services Content: All content and materials provided by Calendar Fundraiser on the services, including text, graphics, logos, images, and software, excluding user content.
2.13. Software: The proprietary software and applications provided and owned by Calendar Fundraiser that enable users to access and use the services.
2.14. Third Party Resources: Any websites, services, content, or resources provided by entities other than Calendar Fundraiser or its affiliates, which may be accessible through the services.
2.15. Transaction Fee: A fee charged by Calendar Fundraiser or its payment processors for processing donations. To learn more about the platform and the applicable transaction fee, visit Calendar Fundraiser Pricing.
2.16. Transfers: The process of moving funds raised through the services to the Beneficiary’s bank account or other designated account.
2.17. User: Any individual or entity that accesses, registers for, or uses the platform, including Organizers, Donors, and Beneficiaries.
2.18. User Content: Any content, including text, images, videos, and other materials, that a user posts, uploads, submits, or otherwise makes available or shares with other users on or through the services.
2.19. User Conduct: The behaviors and actions of users while using or otherwise accessing the services.
3. The Services We Provide
3.1. Description of the Services provided: We offer a platform for individuals, organizations, or nonprofits to create Calendar Fundraisers to collect monetary donations from Donors for themselves or a third party who will benefit from the funds raised. Our platform enables Organizers to create digital calendars where Donors can sponsor specific days and contribute funds.
3.2. Our Role and Limitations: Our services are a tool for running Calendar Fundraisers and for helping Organizers connect with Donors. We are not a bank, payment processor, broker, charity, or financial advisor. We do not solicit donations, and the availability of the platform is not a solicitation of donations. All information provided through our services is for general knowledge and should not be considered professional advice. If you need specific advice, particularly regarding financial, legal, or tax issues, you should consult with a professional. We do not control or endorse any User, Calendar Fundraiser, or cause, and we cannot guarantee the success of a Calendar Fundraiser. As a Donor, it is your responsibility to evaluate the legitimacy and worthiness of the cause before contributing.
3.3. Modification, Suspension, or Termination of the Services: We may change, pause, or discontinue all or part of the services at any time for any reason. While we will attempt to minimize disruptions, we may not always be able to provide advance notice, especially in emergencies or if required by law. We are not liable for any issues or losses these changes may cause.
4. Account Creation and Eligibility Requirements
4.1. What You Need for Registration: When you sign up to use certain services, you must provide accurate and complete information about yourself, your organization, or your NPO. This includes your real name, address, phone number, and any photos or videos you provide if you’re organizing the Calendar Fundraiser. Keeping this information up to date is crucial to ensure smooth operations. Our Privacy Notice and these Terms of Service govern the registration data and any other information you provide.
4.2. Compliance with Third-Party Services: You may also need to register with third-party payment processors we work with, which may involve agreeing to their terms (provided under the Payment Processor section below). If we or our payment processors discover that the information you provided is inaccurate, violates our Terms of Service or the payment processor’s terms, or if you misuse the funds, we may suspend or terminate your access to all or some of our services. Additionally, you could face legal action from relevant authorities.
4.3. Age Restrictions: Only adults in the United States, typically those 18 years or older depending on local laws, are permitted to use the platform or services. Minors are not allowed to use the platform or services, even with parental or guardian permission.
4.4. Keeping Your Account Safe: You are responsible for maintaining the confidentiality of your password and account information. Do not share your password with anyone. If you suspect unauthorized use of your account, notify us immediately. Always log out of your account after using it, especially on shared devices. Failure to keep your account secure and comply with these terms may result in losses for which Calendar Fundraiser will not be responsible. For more guidance, refer to our Account Security page.
4.5. Mobile Services and Text Messages: Our services include features accessible via mobile devices, such as uploading user content, browsing the platform, and accessing the platform through a mobile app (collectively, the “Mobile Services”). Your wireless carrier’s standard data rates and fees may apply. Certain Mobile Services may be restricted by your carrier, and not all Mobile Services will work on every device or carrier. By using the Mobile Services, you agree that we may communicate with you regarding your account via SMS, MMS, text message, or other electronic means. You may receive both automated and non-automated text messages related to your account. You can opt out by replying STOP to such messages, except for those related to account security. Message frequency will vary, and normal message and data rates may apply. If you change or deactivate your mobile phone number, you agree to promptly update your Calendar Fundraiser account to prevent messages from being sent to someone else.
5. Payment Processors
Calendar Fundraiser does not directly handle payment processing. We use third-party payment processors to manage and process all donations for Calendar Fundraisers. To transfer funds from Calendar Fundraiser, you must provide your bank account details or a check mailing address.
By making a donation, setting up a Calendar Fundraiser, or accepting the role of Beneficiary for a Calendar Fundraiser, you agree to the processing, use, transfer, or disclosure of data by the Payment Processors as outlined in these Terms of Service and the terms set forth by the applicable Payment Processors. Our current Payment Processors include: Square (Square’s terms of service). For more details on how data is handled with these third-party processors, please refer to our Privacy Notice and Square’s terms of service.
By registering your account, you agree to our terms and the Square Payment Terms.
6. User Responsibilities and Obligations
6.1. Organizers: As an Organizer, you represent and warrant that all information you provide about your Calendar Fundraiser is accurate, complete, and clear. You are responsible for describing how funds will be used and ensuring they are only used for that specific purpose. If you are raising funds on behalf of someone else, you must ensure that all funds are transferred or spent on behalf of that Beneficiary. When organizing a Calendar Fundraiser, you agree to follow all applicable laws and regulations, including those related to taxes and donations. If you use personal data from anyone, such as their name, image, or likeness, you must have valid legal permission to share it on the platform. You agree not to offer goods or services in exchange for donations. We may share information about your Calendar Fundraiser with Donors, the Beneficiary, legal authorities, and as described in our Privacy Notice.
(a) Maintaining Accurate Information: Keep your registration details accurate and current. This includes your name, address, and any images or videos you use. Transparency with Donors is essential, and compliance with legal requirements is mandatory.
(b) You Agree to Cooperate: By organizing a Calendar Fundraiser, you agree to cooperate with any verification requests we deem necessary. This may include providing details on how funds are handled, evidence of Fundraiser circumstances, the identity of involved parties, or proof of fund usage. We reserve the right to refuse, condition, suspend, freeze, or ban any donations, accounts, Calendar Fundraisers, or transfers that we believe may violate these Terms of Service or harm users, business partners, the public, or Calendar Fundraiser.
6.2. Donors: When you donate through Calendar Fundraiser, you are responsible for understanding how your donation will be used, and you donate at your own risk. We are not responsible for verifying information in Calendar Fundraisers or ensuring donations are used as promised. However, we take reports of fraud or misuse seriously and will take appropriate action if necessary.
(a) Making Donations: Donations must be made using a valid payment method linked to your account. You represent and warrant that your payment information is correct and that you are authorized to use it. Once made, donations are non-refundable unless Calendar Fundraiser decides to issue a refund under special circumstances.
(b) Recurring Donations: By opting into recurring donations, you authorize us and our payment processors to charge your payment method at the frequency you select. You may cancel recurring donations at any time, but any donations processed before cancellation will not be refunded unless specified otherwise.
(c) Refunds and Disputes: If an error occurs with your donation, contact us immediately. Fraud disputes or chargebacks may be contested based on your authorization.
(d) Reporting Concerns: Reports of fraud or misuse can be submitted through the “Report” button on every Calendar Fundraiser. We will investigate any reports thoroughly.
(e) No Restrictions When You Donate to NPOs: Donations to NPOs may be used at the NPO’s discretion, even if you specify a particular project or purpose.
(f) Tax Implications of Donating to NPOs: Consult a tax advisor to determine whether your donation to an NPO is tax-deductible. Calendar Fundraiser does not withhold taxes or guarantee tax deductibility.
(g) We Share Your Information with NPOs: In some cases, we may share your personal information with the NPO you donate to, in accordance with our Privacy Notice. The NPO may use this information for compliance or transactional purposes.
6.3. NPOs: If you are fundraising as an agent for an NPO or managing an NPO account on our platform, you represent that you are authorized to do so and will comply with all applicable laws. We may require additional verification of your authorization. Your NPO must maintain tax-exempt status and comply with local regulations.
(a) Refunds via Square: If a Donor is refunded and funds have already been transferred to the NPO, the refunded amount may be deducted from future payments or invoiced to the NPO. The NPO is responsible for repaying the full amount of any refunded donations.
(b) Adding or Claiming Your NPO on the Platform: NPOs may claim and manage public-facing pages on the platform.
(c) Removing Your NPO: If an NPO does not want to be listed on Calendar Fundraiser, an authorized representative can request removal by contacting us.
(d) Receiving Funds: Donations to NPOs are subject to transaction fees, and funds are processed according to the payment processor’s terms.
(e) Payment Processors for NPOs: Calendar Fundraiser uses Square to process donations for NPOs.
(f) Tax Responsibilities for NPOs: NPOs are responsible for all applicable taxes on donations received.
6.4. Tax Responsibilities for Organizers, NPOs, and Beneficiaries: Calendar Fundraiser does not withhold funds for tax purposes. Organizers, NPOs, and Beneficiaries are responsible for paying any applicable taxes on donations received.
7. Transfers, Holds & Chargebacks
7.1. Transfers: While we aim to make transfers available to you promptly, the speed and availability of transfers depend on Users providing correct information and our technical systems functioning as expected. You acknowledge and agree that: (i) Transfers may not be immediately available; (ii) we do not guarantee any specific time frame for Transfers, but we will use commercially reasonable efforts to process them as soon as possible; (iii) you will cooperate with any request for verification we deem necessary to ensure compliance with these Terms of Service; and (iv) we expressly disclaim any responsibility for delays in Transfers or inability to access donated funds within a specified time, to the extent permitted by applicable law. We will inform you when to expect the Transfer and provide a clear timeframe whenever possible.
(a) You must provide accurate info: As an Organizer and/or Beneficiary, you are responsible for (i) verifying your personal and bank account information, and (ii) ensuring that all information provided to Calendar Fundraiser or its affiliates, including bank details, is accurate and up to date.
(b) Refunds: We may, without notice and at our discretion, offer or issue a refund of donations, which may include the full amount donated to your Calendar Fundraiser. We are not liable for any claims, costs, or damages caused by issuing refunds, including transaction or overdraft fees, to the extent permitted by applicable law.
(c) Transfer Funds within 180 Days: Our payment processors cannot hold funds indefinitely. If you do not transfer donations to your bank account within 120 days of your first donation, our payment processors may refund or escheat the funds in accordance with applicable laws. You are responsible for working with the appropriate government authority to reclaim escheated funds.
Calendar Fundraiser uses Checkbook, Inc. to make payouts to Beneficiaries. TheCheckbook Terms and Conditionsapplies to your receipt of such Payouts. To receive payouts from Calendar Fundraiser, you must provide Calendar Fundraiser accurate and complete information about you and your business, and you authorize Calendar Fundraiser to share it and transaction information related to your payout with Checkbook, Inc.
7.2. Transfer Holds: We may place a hold on a Calendar Fundraiser, restrict transfers, initiate reverse ACH transfers, secure reserves, or take similar actions (collectively, a “Hold”) to protect our users. Reasons for a Hold may include, but are not limited to:
(a) We need additional information to verify compliance with our Terms of Service, or we determine a violation has occurred.
(b) We determine that funds should go to someone other than the Organizer, such as a legal Beneficiary or someone entitled by law to act on behalf of the Organizer.
(c) We identify activity on the Calendar Fundraiser that introduces risks unacceptable to us.
(d) We are required to take such action to comply with a court order, legal injunction, or applicable laws.
If you have questions about a Hold, or need information on how to resolve it, please check the email used to register or visit the relevant help page.
7.3. Payment Processor Chargebacks: Occasionally, a Donor may dispute a donation through a credit card charge or request a refund. If the Donor does not claim fraud (i.e., the transaction was not unauthorized), the Donor should first attempt to resolve the issue with the Organizer or us before seeking a chargeback. We will review each chargeback request to assess its legitimacy. If we determine the chargeback is not legitimate, we may use information submitted by you or available at the time of donation to contest the chargeback. We will also defend non-fraud chargebacks involving reason codes like "Merchandise/Services Not Received," as donations processed through Calendar Fundraiser do not involve the exchange of goods or services.
If a Donor disputes their transaction with their card issuer and it becomes a chargeback, the Donor forfeits any benefits or protections offered by Calendar Fundraiser related to that donation.
8. Prohibited Fundraisers and Related User Content
This section outlines rules regarding prohibited or illegal Fundraisers and User Content. We reserve the right to remove any User Content or Fundraisers that violate these Terms of Service. If you breach these Terms, we may ban or disable your access to the services, stop payments, freeze or place a hold on donations and Transfers, report you to law enforcement, or take other appropriate legal action. We may investigate any Fundraiser, User, or User Content to ensure compliance with these Terms of Service, using all available material, including social media, news, or other relevant information. While we reserve the right to remove, edit, or modify any content at our sole discretion, we are not obligated to do so. This includes content that is illegal, inaccurate, misleading, infringes on intellectual property rights, or violates these Terms of Service.
You agree not to use the services or platform for Fundraisers or User Content involving the following:
8.1. Violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound.
8.2. Fundraisers that are fraudulent, misleading, inaccurate, or dishonest.
8.3. Offensive, graphic, perverse, or sexual content.
8.4. Funding of ransom, human trafficking, vigilantism, bribes, or bounty.
8.5. Purchase or use of drugs, narcotics, steroids, controlled substances, or similar products that are illegal or prohibited.
8.6. Activities with or involving entities subject to U.S. and other economic sanctions, unless expressly authorized by the appropriate government authority.
8.7. Equipment or weapons for conflict, including explosives, firearms, knives, or ammunition.
8.8. Support of terrorism, extremism, hate, violence, harassment, discrimination, or money laundering.
8.9. User Content promoting bullying, harassment, discrimination, or intolerance based on race, ethnicity, religion, sexual orientation, gender, disabilities, or diseases.
8.10. Legal defense of financial or violent crimes, including money laundering, murder, robbery, assault, or sex crimes.
8.11. User Content promoting self-harm or suicide, except as permitted by law in a clinical setting.
8.12. Gambling, gaming, or any activity with an entry fee and prize, such as raffles, lotteries, sports betting, fantasy sports, or sweepstakes.
8.13. Activities that disguise or obscure the origin of funds.
8.14. Annuities, investments, loans, pyramid schemes, or cryptocurrencies.
8.15. Cash advances or lines of credit, including self-payments or payments with no clear purpose.
8.16. Products or services that infringe on third-party intellectual property rights, such as counterfeit goods.
8.17. The sale or resale of goods or services.
8.18. Electoral fundraising unless directly managed by the candidate or their committee.
8.19. Attempts to bypass or circumvent payment processing rules or regulations.
8.20. Activities that present an unacceptable financial risk.
8.21. Any other activity that Calendar Fundraiser deems objectionable or that restricts other users from enjoying the services.
9. Prohibited User Conduct
This section outlines prohibited or illegal User Conduct. We reserve the right to remove any User Content, including Fundraisers, if a User engages in conduct that violates these Terms of Service. Violations may result in banning, disabling access to the services, stopping payments, freezing donations, reporting to law enforcement, or other legal actions.
By using the services or platform, you agree to:
9.1. Not upload or transmit any User Content that:
(i) infringes on intellectual property or proprietary rights,
(ii) you do not have the right to upload under law or contractual obligations,
(iii) contains viruses or harmful code,
(iv) poses a privacy or security risk to any person, or
(v) constitutes unsolicited promotions or solicitation ("spam," "chain letters," "pyramid schemes," etc.).
9.2. Not interfere with or disrupt servers or networks connected to the services.
9.3. Not harvest or collect personal information of others.
9.4. Not raise funds for a minor without guardian permission unless funds are placed into a trust or similar account for the minor’s benefit.
9.5. Not post personal data or information about a third party without their consent.
9.6. Not use another User’s account or impersonate any person or entity, or misrepresent an NPO or Fundraiser.
9.7. Not create liability for Calendar Fundraiser or cause the loss of services from our vendors.
9.8. Not gain unauthorized access to the services, accounts, or networks.
9.9. Not obtain materials or information not intentionally made available through the services.
9.10. Not exploit the services for commercial purposes except for approved fundraising activities.
9.11. Not transmit more requests through the services than a human could reasonably produce using a standard web browser.
9.12. Not engage in any conduct inconsistent with the purpose of the services.
9.13. Not share your password or login credentials with others.
9.14. Not make or accept donations that you know or suspect are fraudulent or suspicious.
9.15. Not use the services for the benefit of entities or individuals on government sanctions lists, including those identified by the U.S. Office of Foreign Asset Control (OFAC).
9.16. Not attempt to indirectly engage in any prohibited conduct outlined here.
9.17. Maintain standard security measures to protect information transmitted through the services.
9.18. Maintain copies of records related to Fundraisers and donations as required for verification and compliance with these Terms of Service.
9.19. Cooperate with Calendar Fundraiser in investigations, audits, or remedial efforts regarding any alleged violations or wrongdoing associated with a Fundraiser or donation.
By adhering to these rules, you help ensure that the platform remains safe and compliant for all users.
10. Content Moderation and Reporting Fundraisers
If you believe that a Calendar Fundraiser contains illegal content or content that violates these Terms of Service or our content moderation policies, please report the Fundraiser to our team, and we will investigate. If you disagree with any action taken by us in response to a notice or complaint about User Content or use of the platform, you may contact us for a dispute resolution.
11. Fees
11.1. We Don’t Charge a Platform Fee: A Platform fee is a calculated charge, either fixed or percentage-based, for accessing or using a specific service on a platform. We do not charge a Platform fee, and there is no cost to start or maintain a Calendar Fundraiser. However, a Transaction Fee applies to all donations, and a Recurring Fee is charged for recurring donations.
11.2. A Transaction Fee Is Charged on All Donations and a Recurring Fee Is Charged for Recurring Donations: A Transaction Fee covers the cost of payment processing. While there are no Platform fees, a Transaction Fee, including credit and debit card charges, is deducted from each donation by our Payment Processors. For recurring donations, a Recurring Fee is charged on each donation to the selected Calendar Fundraiser. For more details, please visit Calendar Fundraiser Pricing.
12. Intellectual Property Rights, Content Ownership, and Licenses
12.1. Ownership and Intellectual Property: You acknowledge that the Services Content is protected under laws related to copyright, patents, trademarks, and other proprietary rights. The technology and Software that support the services or are distributed in connection with them are owned by Calendar Fundraiser, our affiliates, and our partners.
12.2. Use of Calendar Fundraiser Trademarks: The Calendar Fundraiser name and logos are trademarks of Calendar Fundraiser and its affiliates (collectively the “Calendar Fundraiser Trademarks”). Other company, product, and service names and logos displayed on our platform may be trademarks of their respective owners. Nothing in these Terms of Service grants you permission to use any Calendar Fundraiser Trademarks without prior written consent. All goodwill generated from the use of Calendar Fundraiser Trademarks benefits us exclusively.
12.3. Do Not Misappropriate Content on Our Site: You agree not to alter, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the services or the Services Content. You agree not to use data mining, spiders, robots, scraping, or similar data-gathering or extraction methods to extract any of the Services Content in any form. If your access to the services is blocked, you agree not to bypass this blocking (e.g., by masking your IP address). All rights not expressly granted are reserved.
12.4. Do Not Misappropriate Our Software: You are prohibited from copying, modifying, creating derivative works, reverse engineering, disassembling, or attempting to discover the source code of the Software or services.
12.5. Rights and Permissions for User Content You Share: When you share content on our services, you represent that you own the content or have permission to use and share it. By uploading or sharing User Content, you grant Calendar Fundraiser and its affiliates a worldwide, royalty-free, sublicensable, perpetual license to use, display, distribute, modify, or create derivative works from that content, including for promotional purposes. You acknowledge that submitting User Content is voluntary and that you will not receive financial compensation for its use.
12.6. Release and Waiver of Rights in User Content: When you post User Content, you irrevocably waive any moral rights to the content and release Calendar Fundraiser, our contractors, and employees from any claims related to privacy, publicity, or libel, as well as any liability for how your name, image, or likeness is used. You also waive any right to inspect or approve any uses of your User Content.
12.7. User Submissions and Feedback: Any content or information you provide to Calendar Fundraiser, whether solicited or not, may be publicly accessible. This includes any information posted on forums, in comments, surveys, or customer support communications. By submitting any Feedback or suggestions, you agree that we may use and distribute it without any obligation to acknowledge or compensate you.
12.8. Copyright or Trademark Complaints: We respect the intellectual property of others and process alleged copyright or trademark infringement complaints under the Digital Millennium Copyright Act (DMCA) and other laws. If you believe your work is being used in violation of copyright, please contact our copyright agent via email or mail: Email: legal@calendarfundraiser.net (subject: “DMCA Takedown Request”) Mail: Calendar Fundraiser Copyright Agent c/o Legal Department 19141 Golden Valley Rd #1097, Santa Clarita, CA 91387 United States Include your contact information, a description of the infringing material, and a statement confirming your good faith belief that the use is unauthorized. If you believe your content was removed in error, you can submit a counter-notice following similar procedures.
13. Data Privacy and Artificial Intelligence
13.1. Privacy Notice: At Calendar Fundraiser, we respect the privacy of our Users. For details, please review our Privacy Notice. By using the services, you acknowledge and agree to our collection, use, and sharing of personal data as outlined in the Privacy Notice.
13.2. Retention of Fundraiser Data: We are not obligated to retain data related to any Account or Calendar Fundraiser after it ends. We may delete historical data or terminate inactive Accounts without notice, except for data we must keep to comply with legal obligations or for legal claims. When possible, we will attempt to give NPOs reasonable notice before deleting any related Accounts or data.
13.3. Understanding Public Visibility and Privacy Settings: Certain actions on our platform, such as posts, uploads (descriptions, photos, videos), and profile information (name, organization, etc), are public by default. For example, Fundraisers may share sensitive personal details. Donors can choose to display their donations publicly, which may be visible to anyone on the internet, including search engines. To remain anonymous, Donors can enter a name of “Anonymous”. However, the Fundraiser Organizer, their team, and the Beneficiary will still see your information according to our Privacy Notice.
13.4. Third-Party Communications: When using our services to communicate with third parties (e.g., referring someone or discussing a Calendar Fundraiser or Donation), you confirm that you have the authority and necessary consent to share their data with us and that they have been informed of how their information will be collected and used. You agree that we may identify you as the referrer and contact the third party accordingly.
14. Third-Party Services and Content
14.1. Other Third-Party Websites/Links/Services: Our services may rely on or include links to third-party resources. We have no control over these resources and do not endorse or take responsibility for their content, accuracy, legality, or any damages or losses they may cause. By using our services, you agree that we are not liable for any issues caused by these third-party resources. Some products or services offered through these resources may involve third-party terms, and we may receive commissions from certain providers in connection with these products or services.
14.2. Apple-Enabled Software Applications: Calendar Fundraiser offers software applications designed to work with Apple products. The following terms apply to any software made available for use with Apple-branded products (referred to as "Apple-Enabled Software"):
(a) Calendar Fundraiser, not Apple, is responsible for the Apple-Enabled Software and its content.
(b) You must use the Apple-Enabled Software in accordance with Apple’s App Store Terms of Service.
(c) Your license to use the Apple-Enabled Software is non-transferable and limited to your owned or controlled iOS devices, as permitted by Apple’s Usage Rules.
(d) Apple has no obligation to provide maintenance or support for the Apple-Enabled Software.
(e) Apple is not responsible for any product warranties. If the Apple-Enabled Software fails to conform to any warranty, your sole remedy is to notify Apple for a refund, if applicable.
(f) Calendar Fundraiser, not Apple, is responsible for addressing claims related to the Apple-Enabled Software, including product liability, legal compliance, and consumer protection claims.
(g) Calendar Fundraiser is responsible for handling any intellectual property claims related to the Apple-Enabled Software.
(h) For any questions or claims regarding the Apple-Enabled Software, please contact Calendar Fundraiser at:
Calendar Fundraiser
c/o Legal Department
19141 Golden Valley Rd #1097
Santa Clarita, CA 91387
United States Email: legal@calendarfundraiser.net
(i) Apple and its subsidiaries are third-party beneficiaries of these Terms of Service regarding the Apple-Enabled Software. Upon your acceptance of these Terms of Service, Apple will have the right to enforce these terms against you as a third-party beneficiary. Calendar Fundraiser may amend or terminate these terms without Apple’s consent.
15. Suspension or Termination of Accounts
You agree that Calendar Fundraiser may, in response to concerns of fraudulent or illegal activity or a material breach of these Terms of Service, suspend or terminate your account (or any part thereof) or your access to the services. We may also remove and discard any User Content or data, including any Fundraisers you have organized. To the extent permitted by law, we may take these actions without liability to you or any third party for any claims, damages, costs, or losses resulting from such actions. We may proceed with or without prior notice to you.
15.1. Account Closures: We reserve the right to close your account or disable access to the services under any of the following circumstances:
(i) We are unable to confirm that your Fundraiser complies with these Terms of Service,
(ii) We are unable to provide technical support for your account,
(iii) Our payment processors are unable to support your account,
(iv) The Beneficiary requests that the Fundraiser be removed,
(v) Your account becomes dormant or abandoned,
(vi) Your account displays activity that poses a risk to Calendar Fundraiser or its community, or
(vii) Such actions are required by a court order, writ, injunction, or applicable law. If we close your account or disable your access for any of these reasons, we may also issue refunds, as appropriate, in accordance with these Terms of Service.
16. Disclaimers and Limitations of Liability
16.1. Warranty Disclaimer: Your use of the services is at your own risk. To the fullest extent permitted by law, the services are provided "as is" and "as available." Calendar Fundraiser and its affiliates disclaim all warranties, conditions, and representations of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Without prejudice to any statutory warranties, Calendar Fundraiser makes no claims that:
(i) the services will meet your requirements,
(ii) the services will be uninterrupted, secure, or error-free,
(iii) the results from using the services will be accurate or reliable,
(iv) the quality of any products or services obtained through the services will meet your expectations.
All third-party information provided through the services is for informational purposes only, and we do not guarantee its accuracy or completeness. No content on the services constitutes financial, legal, or tax advice. You access all information and content at your own risk. We do not guarantee any specific amount of donations for Fundraisers or endorse any Fundraiser, User, or cause.
16.2. Limitation of Liability: To the fullest extent permitted by law, neither Calendar Fundraiser nor its affiliates will be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, goodwill, use, data, or other intangible losses. This applies even if Calendar Fundraiser has been advised of such damages. Liability for any damages related to:
(a) the use or inability to use the services,
(b) the procurement of substitute goods or services,
(c) promotions or rewards through the services,
(d) unauthorized access to or alteration of your data,
(e) third-party conduct on the services,
(f) any other matter relating to the services.
In no event will Calendar Fundraiser’s total liability exceed the amount you have paid to Calendar Fundraiser in the past six months or $100, whichever is greater.
You agree that Calendar Fundraiser is not liable for the content or materials of any third parties, including User Content. Calendar Fundraiser has the right but not the obligation to remove User Content at its sole discretion. Some jurisdictions do not allow the exclusion of warranties or limitation of liability, so some limitations may not apply to you. If you are dissatisfied with the services, your sole remedy is to discontinue use.
17. Indemnification and Release
17.1. Obligations of Users to Indemnify Calendar Fundraiser against Certain Types of Claims: To the fullest extent permitted by law, you agree to release, indemnify, and hold Calendar Fundraiser, its affiliates, officers, employees, directors, and agents harmless from any and all losses, damages, expenses (including reasonable attorneys' fees), costs, claims, and actions arising from your use of the services, any donation or Fundraiser, any User Content, your connection to the services, your violation of these Terms of Service, or your violation of any rights of another. Calendar Fundraiser reserves the right to conduct its own defense against any claims and to be indemnified by you for its defense costs.
17.2. Release of Claims: If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." If you are a resident of another jurisdiction, either in or outside of the United States, you waive any comparable statute or doctrine to the extent permitted by law.
18. Dispute Resolution & Arbitration
18.1. Users in the United States and Anywhere Else in the World Except for the European Economic Area, the UK, and Switzerland:This section affects your legal rights and governs how claims between you and Calendar Fundraiser are resolved. By using the services, you agree to resolve disputes through binding arbitration and waive your rights to a jury trial or class action.
(a) Informal Resolution: You agree to make good-faith efforts to resolve disputes informally by contacting Calendar Fundraiser at legal@calendarfundraiser.net with a description of the dispute. Both parties agree to engage in an informal dispute resolution process for 60 days before pursuing legal action. During this time, neither party may initiate legal action.
(b) Binding Arbitration Agreement & Class Action Waiver: You agree that any disputes related to this agreement or the services will be resolved through individual arbitration, not in a court of law. You waive your right to a trial by jury and participation in any class or collective action. The arbitrator has exclusive authority over the dispute, and their decision will be final and binding. Arbitration does not apply to:
(i) disputes that qualify for small claims court,
(ii) enforcement actions through government agencies,
(iii) claims related to intellectual property rights.
(c) Arbitration Process, Rules, and Forum: Arbitration is governed by the Federal Arbitration Act and administered by the American Arbitration Association (AAA). Arbitration will be confidential and, unless otherwise agreed, will take place in your county of residence. The AAA Rules can be found at www.adr.org. The arbitration demand must include certification that the informal dispute resolution process has been completed.
(d) Arbitration Fees: The allocation of arbitration fees will follow the AAA Rules.
(e) Mass Arbitrations: If 25 or more arbitration demands of a similar nature are filed, the AAA’s Mass Arbitration Rules apply. The claims will be grouped into batches of no more than 26 demands per batch, and each batch will be resolved before proceeding to the next.
(f) Confidentiality: Both parties agree to keep any arbitration proceedings confidential, unless disclosure is required by law.
(g) Enforceability: If any part of this arbitration agreement is found unenforceable, the remaining provisions will still apply.
(h) Opt-Out: You may opt out of this arbitration agreement within 30 days of first being subject to it by emailing legal@calendarfundraiser.net with the subject line "Arbitration Opt-Out Notice" and providing your name, contact details, and a clear statement that you wish to opt out.
(i) Time Period for Claims: Any claims must be filed within one year, or they will be forever barred.
18.2. Users in the UK, European Economic Area, and Switzerland:
Disputes are governed by the laws of the Republic of Ireland, and the courts of the Republic of Ireland have exclusive jurisdiction, except where local public policy allows for the competence of local courts. Unresolved disputes can be submitted to the EU's Online Dispute Resolution platform.
18.3. Disputes with Other Users: You are responsible for resolving any disputes with other users. Calendar Fundraiser is not liable for any interactions between users but reserves the right to intervene at its discretion.
19. Changes to the Terms
19.1. Policies Regarding Changes to the Terms of Service: We reserve the right to modify or change portions of these Terms of Service at any time at our sole discretion. Where feasible, we will provide 30 days' notice of substantive changes and may inform users via email or other appropriate means. If required by law, changes may be made with short or no notice. We will post the updated Terms of Service on this page and indicate the revision date. By continuing to use the services after the changes are posted, you accept the revised Terms of Service. If you do not agree with the new terms, you should stop using the services.
19.2. English Version Binding: To the extent allowed by law, the English version of these Terms of Service is the binding version. Translations in other languages are provided for convenience, and in the event of discrepancies, the English version will prevail.
20. Miscellaneous
20.1. Entire Agreement: These Terms of Service constitute the entire agreement between you and Calendar Fundraiser, governing your use of the services and platform. They supersede any prior agreements regarding the services. You may also be subject to additional terms when using affiliate or third-party services, content, or software.
20.2. Governing Law: For users in the UK, European Economic Area, and Switzerland, the governing law is set as described under the "Disputes" section. For all other users, these Terms of Service are governed by the laws of the State of California, without regard to its conflict of law provisions. For any disputes not subject to arbitration, both parties agree to the exclusive jurisdiction of state and federal courts in San Mateo County, California.
20.3. Waiver: The failure of Calendar Fundraiser to enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.
20.4. Severability: If any provision is found invalid by a court, the parties agree that the court should attempt to give effect to the intentions of the parties, and the other provisions of these Terms remain in full force.
20.5. Printed Version: A printed version of this agreement is admissible in judicial or administrative proceedings as other business documents are, subject to the same conditions.
20.6. Assignment: You may not assign these Terms of Service without prior written consent. Calendar Fundraiser and its affiliates may assign or transfer these terms, in whole or in part, at any time without restriction, including in cases of merger, acquisition, reorganization, or sale of assets.
20.7. Section Titles: Section titles are for convenience only and have no legal or contractual effect.
20.8. Notices: To the extent permitted by law, notices may be sent to you via email or regular mail. The platform may also provide notices through general displays or links to notices.
20.9. Force Majeure: Calendar Fundraiser is not liable for delays or failures caused by events beyond its control, such as acts of God, war, terrorism, riots, government regulations, health threats, labor shortages, or material shortages.
20.10. Export Controls: Software and data transmission related to the services may be subject to U.S. or other export control laws. Software may not be downloaded or re-exported in violation of such laws. You represent that you are not in a country under U.S. embargo or on any U.S. Government list of prohibited parties.
20.11. Questions? Concerns? Suggestions? If you have any questions, concerns, or suggestions, or if you would like to report any violations, please visit our web site to learn more about Calendar Fundraiser's services and platform or contact us directly.
20.12. California Privacy Rights: If you are a California resident, you have the right to request information about how we disclose your personal information to third parties for their direct marketing purposes. To request this information, please send your request to legal@calendarfundraiser.net with the subject line "California Privacy Rights Request".
Calendar Fundraiser, ℅ Legal Department
19141 Golden Valley Rd #1097
Santa Clarita, CA 91387
United States
