Pinkaloo Terms of Service

 

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Welcome to Pinkaloo!

Welcome to the websites and online services of Pinkaloo Technologies, LLC (“Pinkaloo,” “we,” or “us”). We are excited to power your Modern Giving experience.

 

1.     ACCEPTANCE OF THE TERMS OF SERVICE AGREEMENT

 

These terms of service are a contract between Pinkaloo and yourself, and govern your access to and use of the services, websites, and applications offered by Pinkaloo (collectively the “Services”). This Agreement applies to all persons and entities who visit any of our websites and/or use the Services (“Users”).

 

By accessing or using the Services, you signify that you have read, understood, and agree to be bound by this Terms of Service agreement (“Agreement”). This Agreement incorporates the Privacy Policy. If you do not agree to any of these terms of this Agreement, do not access or use the Services.

 

2.     CHANGES TO THE TERMS OF SERVICE

 

We may modify this Agreement (including the Privacy Policy and any other terms of service, as applicable) at any time by notifying you as provided in this Agreement. Your continued use of the Services after any such change constitutes your acceptance of the revised Terms of Service. You should check this page regularly so you are aware of any changes, as they are binding on you.

 

3.     OPENING AND CLOSING A PINKALOO ACCOUNT

 

To create a Pinkaloo account, you must be at least 18 years old or the age of majority in your state of residence. We may receive personal information about you from Subscribers for purposes of allowing you to open a Pinkaloo account.

 

You may close your account and terminate your relationship with us without cost. Any incomplete transactions or transfers must be completed or canceled. In certain cases, you may not close your account, including to evade an investigation or if you have a pending transaction.

 

4.     PAYMENT TRANSACTIONS

 

Charitable donation process. Pinkaloo’s Services enable organizations and individuals to donate (“donors”) to non-profit organizations which are tax exempt as described in Section 501(c)(3) of the Internal Revenue Code, and eligible to receive tax-deductible contributions in accordance with Section 170 of the Internal Revenue Code (“charity”).

 

Donors first deposit a tax-deductible charitable contribution (“funds”) into a giving account administered by a third party foundation eligible to receive tax-deductible contributions in accordance with Section 170 of the Internal Revenue Code (“foundation”). Donors then request the foundation to distribute their funds to a specific charity.

 

You acknowledge that Pinkaloo will not have access to, nor take possession of, any of the funds deposited into giving accounts. Each User is associated with a particular foundation; you agree to read, be bound by, and follow all applicable policies of the foundation in relation to your use of the Services.

 

Linking or unlinking a payment method. Donors can link or unlink a debit card, credit card, or a U.S. bank account to the giving account as a payment method. Donors may choose to allow a Subscriber to facilitate a payment on their behalf. Please keep your payment method information current.

 

Bank account transfers. When you use your bank account as a payment method, you are allowing a transfer from your bank account. For these transactions, we will make electronic transfers from your bank account in the amount you authorize. You authorize us to try this transfer again if the initial transfer is rejected by your bank for any reason.

BEFORE MAKING A PAYMENT, YOU SHOULD CONFIRM THAT YOUR BANK ACCOUNT CONTAINS FUNDS SUFFICIENT TO COVER THE PAYMENT BEFORE MAKING THE PAYMENT, IF FUNDED BY YOUR BANK ACCOUNT. THIS WILL HELP YOU AVOID OVERDRAFT OR OTHER FEES YOUR FINANCIAL INSTITUTION MAY CHARGE.

 

5.     ACCESSING THE SERVICES

 

We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Services.

 

To access the Services, you may be asked to provide certain registration details or other personal information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You agree that all information you provide to register with the Services is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

6.     ACCOUNT SECURITY

 

Keep confidential any credentials you use to access your Pinkaloo account and the Services. You must keep your email address and any other contact information current in your Pinkaloo account profile. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services using your user name, password, or other information.

 

You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

 

7.     RESTRICTED ACTIVITIES

 

In connection with your use of your Pinkaloo account, the Services, or in the course of your interactions with us, or third parties, you must not:

  • Breach this Agreement, the Privacy Policy, or any other agreement between you and us;

  • Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, fraud, unfair competition, anti-discrimination or false advertising);

  • Infringe our or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;

  • Act in a manner that is defamatory, trade libelous, threatening or harassing;

  • Provide false, inaccurate or misleading information;

  • Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;

  • Use the Services in a manner that results in or may result in complaints, disputes, or fees, fines, penalties or other liability or losses to Pinkaloo, other Users, Subscribers, third parties or you;

  • Use the Services in a manner that we, Visa, Mastercard, or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules, or for the purpose of earning rewards, perks, miles, or points with your credit card, debit card, or bank account;

  • Take any action that imposes an unreasonable or disproportionately large load on, interferes, disrupts, or attempts to interfere or disrupt our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or the Services;

  • Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or the Services;

  • Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers;

  • Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers;

  • Harass or threaten our employees, agents, or other Users.

 

Actions We May Take if You Engage in Any Restricted Activities. If we believe that you’ve engaged in any of these activities, we may take a number of actions to protect ourselves, Subscribers, Users or other third parties at any time in our sole discretion. The actions we make take include, but are not limited to, the following:

  • Terminate this Agreement;

  • Refuse to provide or limit the Services to you in the future;

  • Limit your access to our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf;

  • Update inaccurate information you provided us; or

  • Take legal action against you.

 If we terminate your use of the Services for any reason, we’ll provide you with notice of our actions, and any money you already deposited into a giving account may be forfeited to the relevant foundation.

 

You are responsible for all claims, fees, fines, penalties and other liability incurred by us, any Subscriber, User, or third party caused by or arising out of your breach of this Agreement, and/or your use of the Services.

 

8.      COURT ORDERS, REGULATORY REQUIREMENTS OR OTHER LEGAL PROCESS

 

If we are notified of a court order or other legal process affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including without limitation placing a hold or limitation on your account. We will decide, in our sole discretion, which action is required of us. We do not have an obligation to contest or appeal any court order or legal process involving you or the Services.

 

9.     INTELLECTUAL PROPERTY RIGHTS

 

The Services and all contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Pinkaloo, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

“Pinkaloo.com,” “Pinkaloo,” and all logos related to the Services are either trademarks or registered trademarks of Pinkaloo. You may not copy, imitate, modify or use them without our prior written consent. All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Pinkaloo. You may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided by us for the purpose of directing web traffic to the Pinkaloo website. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes Pinkaloo or the Services or display them in any manner that implies Pinkaloo’s sponsorship or endorsement. All right, title and interest in and to the Pinkaloo website, any content thereon, the Services, the technology related to the Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Pinkaloo.

 

10.  ADVERTISEMENTS.

 

As part of the Services, we may include advertisements or content provided by Pinkaloo or a third party which may be targeted to you. The types and extent of advertising are subject to change. In consideration for Pinkaloo granting you access to and use of the Services, you agree that Pinkaloo and its third party providers and partners may engage in such advertising, and that such third parties are not owned or controlled by Pinkaloo. Pinkaloo assumes no responsibility for any such third party information, materials, products, sites or services, which you access at your own risk. This Agreement and Pinkaloo’s Privacy Policy does not apply to your use of such third party sites. You expressly release Pinkaloo from any and all liability arising from your access to or use of any such third party site.

 

11.  USER CONTRIBUTIONS

 

The Services may contain message boards, personal profiles, forums, and other interactive features (collectively “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (“post”) content or materials (collectively “User Contributions”) on or through the Services.

 

All User Contributions must comply with the Content Standards below. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution in connection with the Services, you grant us and our affiliates, and each of their and our respective licensees, successors, and assigns the right to use and otherwise disclose to third parties any such material for any purpose.

 

You agree that: you are responsible for any User Contributions you submit or contribute; you, not Pinkaloo, have full responsibility for such content, including its legality, accuracy, and appropriateness; and that Pinkaloo is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other User or Subscriber.

 

Monitoring and Enforcement; Termination. We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates this Agreement, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the safety of Users, Subscribers, the public, or could create liability for Pinkaloo.

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services or Interactive Services.

  • Terminate or suspend your access to all or part of the Services or Interactive Services for any or no reason, including without limitation, any violation of this agreement.

 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS PINKALOO FROM ANY CLAIMS RESULTING FROM ANY ACTION IT TAKES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER PINKALOO OR LAW ENFORCEMENT AUTHORITIES.

 

We do not review material before it is posted on the Pinkaloo website or in relation to the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Content Standards. These content standards apply to any and all User Contributions and use of the Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement and our Privacy Policy.

  • Be likely to deceive any person.

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.

  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.

  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 Reliance on Information Posted. The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Pinkaloo website or Services, or by anyone who may be informed of any of its contents.

 

All statements and/or opinions expressed through User Contributions are solely the opinions and the responsibility of the person or entity submitting the post, which does not reflect the opinion of the Pinkaloo. We are not responsible, or liable to you or any third party, for the content or accuracy of any User Contributions.

 

Linking to the Website and Social Media Features. You may link to the Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

 

The Services may provide certain social media features that enable you to: link from your own or certain third party websites to certain content; send emails or other communications with certain content, or links to certain content; or cause limited portions of content of the Services to be displayed or appear to be displayed on your own or certain third party websites. We may disable all or any social media features and any links at any time without notice in our discretion.

 

12.  INDEMNIFICATION

 

You must indemnify Pinkaloo for actions related to your use of the Services. You agree to indemnify Pinkaloo for actions related to your use of the Services. You agree to defend, indemnify and hold Pinkaloo harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of this Agreement, your improper use of the Services, your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you grant permissions to use your Pinkaloo account or access our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, or any of the Services on your behalf.

 

13.  LIMITATION OF LIABILITY

 

Pinkaloo’s liability is limited with respect to your use of the Services. In no event shall Pinkaloo be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, any of the Services, or this Agreement (however arising, including negligence), unless and to the extent prohibited by law.

 

Liability cap. Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, Pinkaloo is not liable, and you agree not to hold Pinkaloo responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, or any of the Services; (2) delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf and any of the Services; (3) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or any of the Services or any website or service linked to our websites, software or any of the Services; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or any of the Services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your use of the Services; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this Agreement or our policies.

 

14.  DISCLAIMER OF WARRANTY AND RELEASE

 

No warranty. The Services are provided “as-is” and without any representation or warranty, whether express, implied or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

 

We do not guarantee continuous, uninterrupted or secure access to any part of the Services, and operation of our websites, software, or systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf may be interfered with by numerous factors outside of our control. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

 

Your Release of Us. If you have a dispute with a Subscriber or other User, you release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise, for example, California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

 

15.  AGREEMENT TO ARBITRATE

 

If a dispute arises between you and Pinkaloo regarding the Services or otherwise, our goal is to learn about and address your concerns. If we are unable to do so to your satisfaction, we aim to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Pinkaloo regarding the Services may be reported to Pinkaloo’s Chief Operating Officer, Daniel Gardner, at daniel@pinkaloo.com or moderngiving@pinkaloo.com. Communication can also be addressed to: Pinkaloo Technologies, LLC, 301 W 29th St. Suite 2003, Baltimore, MD 2121.

 

ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY IN BINDING ARBITRATION CONDUCTED BY A SINGLE ARBITRATOR WITH EXPERIENCE IN CONSUMER ONLINE PAYMENT SERVICES DISPUTES ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE AAA SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. The forum for arbitration shall be in the city closest to your residence having a federal district courthouse. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. To the extent allowed by applicable law, the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this user agreement including, but not limited to, any claim that all or any part of this user agreement is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

This Agreement and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act shall apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. There are only two exceptions to this agreement to arbitrate. First, if we reasonably believe that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in Baltimore, Maryland, if the claim and the parties are within the jurisdiction of the small claims court. For these two exceptions, you agree to submit to the personal jurisdiction of the courts located within Baltimore, Maryland for the purpose of litigating such claims or disputes.

 

Waiver of Right to Jury; Class Action Waiver. TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

16.  MISCELLANEOUS

 

Assignment. You may not transfer or assign any rights or obligations you have under this user agreement without our prior written consent. We may transfer or assign this user agreement or any right or obligation under this user agreement at any time.

 

Governing law. You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this user agreement, the laws of the State of Maryland, without regard to principles of conflict of laws, will govern this user agreement and any claim or dispute that has arisen or may arise between you and Pinkaloo regarding your use of the Services.

 

Geographic limitations. We make no claims that the Services or any of its content is accessible, appropriate or legal outside of the United States. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Identity authentication. You authorize us, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include:

  • asking you for further information, such as your date of birth, a social security or taxpayer identification number, your physical address and other information that will allow us to reasonably identify you;

  • requiring you to take steps to confirm ownership of your email address, phone number or financial instruments;

  • ordering a credit report from a credit reporting agency, or verifying your information against third party databases or through other sources; or

  • requiring you to provide your driver’s license or other identifying documents.

Anti-money laundering and counter-terrorism financing laws may require that we verify the required identifying information if you use certain Services. We reserve the right to close, suspend, or limit access to the Services in the event that, after reasonable enquiries, we are unable to obtain information about you required to verify your identity.

 

Privacy. Protecting your privacy is very important to us. Please review our Privacy Policy to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

 

Mobile third party providers. The Services works on an application linked to a particular device and operating system, such as Apple’s iOS operating system. Your use of the Services may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple, Google or Microsoft), your mobile device manufacturer (e.g., Apple, Samsung), your mobile service carrier (e.g., AT&T or Verizon), and other parties involved in providing your mobile device service, which we collectively refer to as “Covered Third Parties.”

 

You agree to comply with all applicable third party terms of agreement when using the Services. We are not a party to those agreements and we have no responsibility for the products and services provided by third parties. You acknowledge and agree that this agreement is between you and Pinkaloo, not with any Covered Third Party. You acknowledge and agree that we are solely responsible for the Services and for providing maintenance and support services for the Services.

 

Covered Third Parties have no warranty obligations whatsoever with respect to the Services and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Services to conform to any warranty provided by us, if any, will be our sole responsibility.

We, not any Covered Third Parties, are responsible for addressing any claims relating to the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) intellectual property claims.

 

17.  HOW TO CONTACT US

 

Regardless of your location, any questions, comments and requests regarding this Agreement are welcome and should be addressed to our Chief Operating Officer, Daniel Gardner, at daniel@pinkaloo.com or modengiving@pinkaloo.com. Communication can also be addressed to:

 

Pinkaloo Technologies, LLC

301 W 29th St. Suite 2003

Baltimore, MD 21211