Welcome to Root Funding!
This website ("the Site") is owned and operated by Root Funding LLC ("Root Funding").
The Root Funding Site provides Organizations and individuals with a powerful online fundraising tool that is fundamentally different from the traditional fundraising methods that are generally used today. Our service empowers and mobilizes individual fundraisers ("Fundraisers") with the ability to create and run their own fundraising campaigns on behalf of various organizations they support. Through the Site, fundraisers are encouraged to create personalized online fundraising pages ("Fundraising Pages"), through which they can both promote the fundraising work that they are doing though stories, photos and videos about their projects, and also communicate with and receive direct credit card donations from their friends, family and contacts.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
The terms "you" and "your" refer to anyone accessing, viewing, browsing, visiting, using or making donations through the Site. The terms "Root Funding", "we", "us", and "our" refer to Root Funding LLC, and its affiliates, subsidiaries and related entities. The term "Site" refers to the Root Funding web site and to all Fundraising Pages.
We reserve the right to amend these Terms from time to time. As such, you should check these Terms periodically.
Eligibility to Use the Site
By using the Site, you represent and warrant that (a) all information you may submit is truthful, current, complete and accurate; (b) you are at least 18 years of age or have received parental consent and supervision when using the Site, and (c) your use of the Site does not violate any applicable law or regulation. Root Funding may, in its sole and absolute discretion and at any time, terminate, without warning, your privilege to use this Site.
Services Provided By Root Funding
Donations and Fees
Root Funding serves as an intermediary between Donors and beneficiary Organizations. Root Funding will facilitate the remittance of all donated funds (less any Service Fee and/or Tip, if applicable, and all Charges and Expenses) to the project's designated beneficiary Organization via the Payment Processor.
If any Organization, Fundraiser, User or Donor is found to be in violation of these Terms, then Root Funding reserves the right to remove such Organization, Fundraiser, User or Donor from the Site or terminate such Fundraiser's account and Fundraising Page, and in special circumstances, to return funds to Donors.
Root Funding does not warrant that funds will be used for any particular purpose by an Organization and is not responsible for any misuse of the funds by the beneficiary Organization. After Root Funding facilitates remittance of funds to the beneficiary Organization, all further dealings are solely between you and such Organization. By using this Site you understand and agree that Root Funding shall not be responsible for any losses or damages incurred as a result of any fundraising activity. In the event of a dispute between Users (including but not limited to Fundraisers, Donors, Organizations, and third parties), you agree to, and do hereby, irrevocably release Root Funding, its employees, agents, affiliates, directors, officers, representatives, subcontractors, advisors and volunteers or anyone else who has participated in the creation, development or delivery of this Site (collectively "Root Funding Released Parties") from all claims, damages and demands that may or may not be known, suspected or related to such disputes about our Service or Site. Although Root Funding shall not be held liable for the actions of a Fundraiser or beneficiary Organization, Root Funding reserves the right to terminate a fundraising event or Fundraising Page at any time and for any reason. Root Funding also reserves the right to remove a fundraising event, Fundraising Page and/or User from the Site at any time and for any reason.
Root Funding provides all Services to Fundraisers and Donors free of charge. The Organization is responsible for remitting all applicable taxes that apply to funds raised through this Service.
Any payments of donations are final and non-refundable. All donations will be converted to U.S. Dollars, unless otherwise agreed with respect to a specific campaign.
Donations are processed through the Payment Processor. Donations are sent directly from the donor to the Organization’s Stripe account. Donations will appear on the Donor's credit card statement under the name set by the Organization on their Stripe account.
Your donations to the designated Organization will be net of Service Fee and/or Tip, if either is applicable, and Charges and Expenses. Tips that are included for recurring donations (e.g., monthly donations), will be included on all recurring payments associated with that donation. This fee and expense structure is subject to change from time to time at the sole discretion of Root Funding.
Users agree not to use an invalid or unauthorized credit card in making transactions on the Site. Once a donation is made, the transaction is final and not subject to dispute unless unauthorized use of the User's payment card is proved as determined by Root Funding. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.
Fees from online credit card donations are deducted at the time of the transaction. Root Funding reserves the right to change the amount of, or basis for determining, its fees, and to institute new fee payments. In addition, from time to time the provided services may change, without prior notice.
Root Funding User Accounts
Root Funding requires Users (Donors/Fundraisers/Organizations) who wish to access and use the Service to sign up for a Root Funding account by completing all required fields on the respective registration pages of the Site. When registering, you be asked for your name, address, e-mail address and other identifying information. Access to password-protected and secure areas is restricted to Users who have created an account. Any attempt to access restricted areas of the Site without authorization is prohibited.
When you create an account, you will need to choose a password which shall be used to access your Root Funding account and the Root Funding Services. You are responsible for maintaining the confidentiality of your password. If you become aware of unauthorized use of your password or other security breach, you must notify Root Funding immediately.
Root Funding reserves the right to terminate accounts created by Users who misappropriate the name, e-mail address, or other personally identifiable information of another individual. Root Funding also reserves the right to refuse to approve a User account or terminate an existing User account with or without cause or notice (other than any notice required by applicable law and not waived herein) for any reason at any time. Root Funding is not liable for any losses or damages incurred by you as a result of the termination of your account or refusal of the Service.
Root Funding and third parties acting on Root Funding's behalf may send you e-mail notifications from time to time in order to inform you about important information regarding your use of the Site and Root Funding Service. By using this Site you are hereby deemed to opt in and agree to having all such notices sent to you. However, you may opt out from receiving such e-mails. However, even if you opt out you understand and agree that you will still be held responsible for the information contained in these e-mails.
All Donor accounts are subject to the following additional terms and conditions:
Your Representations. By registering for a donor account, you represent and warrant that (a) you are 18 years of age or older or have received parental consent and supervision when using the Site; (b) all information you provide to Root Funding is truthful, current, complete and accurate and you will update the information to maintain its accuracy; and (c) any donation you make is legal in your jurisdiction. Root Funding will not be held liable for any loss or damages due to non-compliance. Additionally, by using the Root Funding Service you understand and agree that your use of the Site and use or reliance upon any of the materials through the Site is solely at your own risk. We are not responsible for reviewing fundraising events for compliance with the Root Funding eligibility requirements, and Root Funding does not verify, endorse or control any of the information on the Site relating to beneficiary Organizations or related fundraising activities.
Selecting an Organization. You are solely responsible for ensuring that you have selected the correct Organization to donate to through the Site. Donations to all Organizations are final, and Root Funding shall not be responsible for the Donor's selection of an Organization.
Donation Confirmations. When a donation is received by Root Funding, a confirmation of such donation, including the date, amount, designated recipient of such donation will be sent to the Donor’s email address. To the extent relevant and at the discretion of the Organization, it is the Organization’s responsibility to send you or cause to be sent to you a tax-deductible receipt.
Any party that registers for a Fundraiser account is subject to the following additional provisions:
Fundraiser Representations By registering to become a Fundraiser, you warrant and represent that (a) you are 18 years of age or older or have received parental consent and supervision when using the Site; (b) all information you provide to Root Funding is truthful, current, complete and accurate and you will update the information to maintain its accuracy; (c) you are raising money for a cause or activity that is legal under all applicable federal, state, local and foreign laws and regulations ; and (d) you will solicit all funds solely for the Organization and purpose you have stated on the Fundraising Page, and under no circumstances may you solicit the funds for any other purpose.
You are solely responsible for ensuring that you have selected the correct Organization when setting up a fundraising page. Donations to all Organizations are final, and Root Funding shall not be responsible for the Fundraiser's selection of an Organization.
Contact with Donors In the event that a Donor or potential donor or individual or entity whom you contacted through this Service notifies you that he does not wish to receive any further e-mails from you through the Service, then you must immediately and permanently cease contact with such person through the Service. Failure to comply with this section may result in serious and aggressive legal action by Root Funding against you. Root Funding will also maintain an opt-out compliance mechanism and you will be required to comply with it fully.
The existence of a Fundraising Page does not imply that it is endorsed by either Root Funding or the Organization that is the beneficiary of the Fundraising Page. Additionally, Root Funding does not endorse any Organization that is found on its Website.
Whether or not you are currently listed on our Site, and whether or not funds have been raised for you to date through the Site, you may elect to become a Member Organization by filling out the Register Your Cause Form, pursuant to the terms and conditions of our standard Root Funding Non-Profit Agreement.
Organizations are not required to have a tax-exempt status. Donations made to an Organization that does not have a tax-exempt status, are not tax deductible. If you indicate that you are a tax-exempt organization in your jurisdiction then you are representing to Root Funding that you properly have tax-exempt status under the laws of such jurisdiction as currently in effect. In addition, Root Funding may require you to provide supplementary information about your Organization as a condition of continued use of the Service/ listing on the Site. You also authorize Root Funding to conduct background inquiries as Root Funding deems appropriate to confirm your eligibility to be listed on the Site or to review your continued use of the Service.
If you do not wish to become a Member Organization, please contact us at email@example.com, and you will promptly be removed from the Site. In the event that you are removed from the Site, then (i) all Fundraising Pages by Users in support of you shall be immediately terminated, and (ii) users will no longer be able to open Fundraising Pages or make donations in support of you.
You are solely responsible for the Content you post on the Site and any Fundraising Pages including but not limited to photos, text, videos, audio, graphics, and personal profiles (collectively, "Content"). You hereby affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Root Funding to use, all patent, trademark, copyright, or other proprietary rights in and to any and all Content posted to the Site by you to enable inclusion and use of such Content in the manner contemplated by Root Funding and these Terms, and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Content posted by you to the Site to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by Root Funding and these Terms.
Information, ideas or opinions posted by Users do not necessarily reflect our views and Root Funding does not take any responsibility for the accuracy of any information, ideas or opinions posted by Users. Root Funding shall not be liable for any damages or losses resulting from such information, ideas or opinions. As a Root Funding User, you understand and agree that Root Funding may terminate any Fundraising Page, User account or access to use the Site at any time and for any reason. By posting any information or other Content on the Site, you have authorized Root Funding to publish such materials in any manner desired without any obligation to compensate you or anyone else.
Root Funding does not take any responsibility for any Content on the Site posted by Users. Root Funding shall not be liable for any damages or losses resulting from such Content. You further understand and agree that Root Funding may monitor and delete or modify any Content that we, in our sole and absolute discretion, believe violates the terms of the these Terms or which may be illegal or offensive, or which poses a threat to the rights or safety of Root Funding Users.
You may not place any Prohibited Content on the Site or on any Fundraising Pages. Prohibited Content includes, but is not limited to, any Content that:
Is unlawful, defamatory, false or misleading, harassing, inciting, threatening, hateful, harmful, bigoted, obscene, indecent, offensive or otherwise objectionable;
Contains any nudity or sexually explicit material of any kind, or contains a link to an adult website;
Interferes with another User's rights to privacy;
Collects, stores or solicits other Users' personal information or passwords for commercial or unlawful purposes without the express prior written consent of Root Funding;
Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable law or regulation;
Contains any personally identifiable information about another use without that person's express consent;
Uses false or misleading e-mail addresses or attempts to disguise their origin;
Posts any trademarks, logos, copyrighted material or other intellectual property without the authorization of the owner of such property;
May damage the operation of a computer (including, but not limited to a virus, worm or Trojan horse);
Advertises or sells any goods or services;
Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing, instant messaging, "spimming", "spamming" or any similar activity;
Involves commercial activities and/or sales without the prior written consent of Root Funding, such as contest, sweepstakes, barter, advertising, or pyramid schemes;
The following is a partial list of the kind of activity that is illegal or prohibited on the Site and through your use of the Services. Root Funding reserves the right to investigate and take appropriate legal action against anyone who, in Root Funding's sole and absolute discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any User to buy or sell any products or services through the Root Funding Services. You may not transmit any chain letters, junk email, or spam mail to other Users. It is also a violation of these rules to use any information obtained from the Root Funding Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
covering or obscuring the banner advertisements on your personal Fundraising Page, or any Root Funding page via HTML/CSS or any other means;
any automated use of the system, such as using scripts to add friends or send comments or messages;
interfering with, disrupting, or creating an undue burden on the Root Funding Service or the networks or services connected to the Root Funding Service, as determined by Root Funding in its sole and absolute discretion;
impersonating another User or person;
using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your profile;
using any information obtained from the Root Funding Services in order to harass, abuse, or harm another person;
using the Service or Fundraising Page for personal use not connected with the intended purpose of the Site;
displaying an advertisement on your Fundraising Page, or performing any commercial activity on or through the Root Funding Services on behalf of yourself or another person or entity, such as placing commercial content on your profile, or posting blogs or bulletins with a commercial purpose; or
using the Root Funding Services in a manner inconsistent with any and all applicable laws and regulations.
In the event that you come across any Content on the Site or the activity of another User of the Site which violates these Terms, please immediately notify Root Funding of the violation at firstname.lastname@example.org.
Your Trademarked Material
You own all your trademarked materials provided by you in connection with your use of the Root Funding Service. By using the Site, you hereby grant to Root Funding a nonexclusive, royalty-free, perpetual, transferable, fully paid-up worldwide license to use, copy, display, modify, transmit, publish and distribute your trademarked materials for the sole purpose of providing the Services described in these Terms. Without limiting the generality of the foregoing, you hereby authorize Root Funding to include your name and logo in press releases, case studies as well as other announcements and advertising on the Site and through other media. Root Funding obtains no other right, title or interest in your trademarked materials except as set forth herein.
Root Funding's Proprietary Rights
Root Funding and its licensors shall retain all intellectual property rights in the software, data, logos, design, tool, fundraising processes and any other material or content developed or provided by Root Funding pursuant to these Terms including but not limited to the Root Funding Service, and all data, pictures, videos, text, sound, graphics, logos, marks, symbols, visual, oral or other digital materials and any and all other content provided by Root Funding. The names Root Funding LLC, Root Funding, Root Funding.com, the Root Funding logo and any other product and service names that we may present on the Site from time to time are trademarks or registered trademarks of Root Funding LLC Other trademarks, service marks or logos that appear on the Site may be the property of third parties and are likely to be registered trademarks and subject to restrictions as to their use. Your use of the Site does not grant you a right or license to use or reproduce any Root Funding or third-party trademarks without first receiving the express permission of both Root Funding and the relevant trademark owner.
Root Funding, the Organizations registered with Root Funding and third-party providers collectively own all of their respective material and content provided by them for inclusion on the Site. All such content is protected under intellectual property and proprietary rights laws. You may use the Site and its content and materials only for the purposes stated in these Terms. You may copy such content for your own personal, non-commercial use only, provided you do not alter it or remove any copyright, trademark or other proprietary notice. No other use of the Site's content including but not limited to text, graphics, logos, sound, images, photographs, video, or software is permissible without the express written consent of Root Funding and where applicable, the copyright holder.
Disclaimer of Warranties
Root Funding makes no warranties regarding the safety of the Site and the accuracy of the content on the site. Root Funding retains the right to restrict the use of the Site for any reason and at any time.
Each party represents and warrants that it shall perform its obligations so as to comply with applicable federal, state and local laws, ordinances and regulations. Additionally, you warrant that you own or otherwise have sufficient rights to grant the license granted to your proprietary material in compliance with all applicable laws and regulations including but not limited to any U.S. patent, copyright, trademark, or trade secret law or regulation. You further warrant that the use of your proprietary material does not and will not infringe upon any intellectual property, or any other rights of any third party.
Except as otherwise expressly provided, all content, information, services and tools and on this Site are provided on an "As Is", "As Available" basis. Use of this Service is solely at your own risk. ROOT FUNDING EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. ROOT FUNDING MAKES NO WARRANTY THAT THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. ROOT FUNDING IS NOT RESPONSIBLE FOR ANY DAMAGES THAT OCCUR DUE TO ANY MALFUNCTION OF THE SITE, SOFTWARE BUGS, THE HOSTING ENVIRONMENT, OR ASSOCIATED COMMUNICATION INFRASTRUCTURE. To the extent permissible by law, Root Funding expressly disclaims any and all other warranties and makes no representation as to whether online donations are tax deductible. Root Funding shall have no liability for any claim by any federal or state tax authority with respect to any characterization by you or any user on any applicable federal or state tax return.
Limitation of Liability
YOU UNDERSTAND AND HEREBY AGREE THAT, EXCEPT AS OTHERWISE EXPRESSLY STATED AND TO THE EXTENT ALLOWABLE BY LAW, IN NO EVENT WILL ROOT FUNDING AND ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, REGARDLESS OF THE NATURE OR BASIS OF THE CLAIM, RESULTING FROM ANY USE OF THE SITE, THE SERVICES, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEBSITE INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, FAILURE OF PERFORMANCE, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR EQUIPMENT OR NETWORK FAILURE OR OTHERWISE, EVEN IF THERE IS NEGLIGENCE BY ROOT FUNDING OR AN AUTHORIZED ROOT FUNDING REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AGREE THAT YOUR USE OF THE SITE IS CONDITIONED UPON YOUR WAIVER OF ANY RIGHT TO SUE ROOT FUNDING AND ITS AFFILIATES OR TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR DAMAGES OR LOSSES RESULTING FROM YOUR USE OF THIS SITE.
IN NO EVENT WILL ROOT FUNDING HAVE ANY LIABILITY TO YOU FOR ANY AND ALL OF YOUR CLAIMS AGAINST ROOT FUNDING AND ITS AFFILIATES ARISING OUT OF OR RELATED TO USE OF THIS SITE, THE SERVICES OR ITS CONTENTS THEREOF OR ANY HYPERLINKED WEB SITE, EXCEED THE ACTUAL DIRECT DAMAGES INCURRED AS MEASURED BY THE TOTAL REVENUE RECEIVED BY ROOT FUNDING RESULTING FROM YOUR USE OF THE SERVICE DURING THE 6-MONTH PERIOD PRIOR TO THE DATE THE CLAIM IS MADE.
Root Funding Indemnification Obligation. Root Funding agrees to indemnify, defend and hold you harmless from and against any and all actual losses arising from any third party claim, action or proceeding alleging that the Services hereunder or materials provided by Root Funding knowingly (i) violate or infringe the registered trademarks of such third party or (ii) infringe any issued patents of such third party.
Your Indemnification Obligation. You agree to indemnify, defend and hold harmless Root Funding and its officers, directors, employees, agents, successors and assigns, from any and all claims, losses or damages arising from any third party claim, action or proceeding alleging (A) that any Content provided by you or the use thereof by Root Funding or Donors, (i) violates or infringes the intellectual property rights of any third party, (ii) violates any applicable law, rule or regulation, or (iii) constitutes, or contains material that constitutes, libel, defamation or an invasion of privacy or (B) fraud or misrepresentation by You in connection with Your status as a nonprofit entity or (C) that any of your activities violates any law or regulation.
Procedures A party seeking indemnification hereunder (the Indemnitee) shall promptly notify the other party (the Indemnitor) upon receipt of a written notice of the commencement or threatened commencement of any action or proceeding that may be subject to indemnification hereunder. The Indemnitor shall be entitled to participate in the defense of such claim and to employ counsel at its own expense to assist in the handling of such claim and the Indemnitee shall reasonably cooperate with Indemnitor in the defense or settlement of such claim.
The above Indemnification provisions sets forth the entire obligation Root Funding with respect to any claim of infringement.
Links to Third-Party Sites
The Site or Users may provide links to third-party websites or services and may link you automatically a third-party's websites or services. Root Funding does not maintain, review, endorse or take responsibility for the content, products, services or other materials of linked sites. You understand and accept that you take full responsibility for your use of third-party websites or services.
Copyright Violations and Other Abusive Activities
Root Funding does not permit copyright infringing activities on the Site, and reserves the right to terminate access to the Site, and remove all Content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. In addition, in appropriate cases, any funds your project has received will be forfeited and credited back to the donating Donors' accounts. These remedies are in addition to any other remedies Root Funding may have at law or in equity.
You agree that Root Funding, in its sole discretion and for any or no reason, may terminate any User account (or any part thereof) you may have at the Site or your use of the Site, and remove and discard all or any part of your account, your Fundraising Page or any other content submitted by you to the Site, at any time. Root Funding may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that Root Funding shall not be liable to you or any third-party for any such termination. Root Funding reserves the right to withhold and/or cancel donations to accounts prior to termination.
We reserve the right to terminate your account due to inactivity for a period of not less than three-months. Alternatively, you may terminate your Donor or Fundraiser account at any time by sending an e-mail to email@example.com and stopping all use of the Site. Upon sending you a receipt of your termination notice, Root Funding will terminate your account within 30 business days of its receipt of such notification from you. Any funds your project has received as of the date of your cancellation request will be disbursed as specified in these Terms. THE CANCELLATION OF YOUR ACCOUNT IS YOUR ONLY REMEDY WITH RESPECT TO ANY SUCH DISPUTE THAT YOU MAY HAVE WITH US.
All matters relating to your access to or use of the Site and all activities carried out through the Site or any Fundraising Page shall be governed by the laws of the State of New York, without giving effect to principles of conflicts of law or choice of law that would cause the substantive Laws of any other jurisdiction to apply. Any claims arising from your access to or use of the Site shall be brought solely in the competent courts sitting in New York, NY. You consent to the jurisdiction of such court.
In the event one or more of the provisions of these Terms should, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of these Terms, and these Terms shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
Changes to the Terms
We reserve the right at any time and from time to time, without any prior notice whatsoever: (i) to change the terms and conditions of these Terms, (ii) to change the Site, including discontinuing any content, feature or service of the Site; and (iii) to impose fees, charges or any other conditions for use of the Site or portions thereof. The latest Terms will be posted on the Site, and you should review the Site frequently to see any recent changes. By using the Site you are agreeing to comply with and be bound by these Terms as modified.