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Terms & Conditions

Terms and Conditions

 

Your Change is a mobile application and website located at www.yourchange.app and is owned and operated by Your Change LLC. These Terms and Conditions are revised as of September 21, 2022. 

 

Welcome to the Your Change mobile application (the “App”). Your Change LLC provides access to the App to you subject to the following terms and conditions. In return for accessing the App, you agree to be bound by these terms and conditions of use without limitation or qualification. This is a legally binding agreement between you as the member(s) of the App (sometimes referred to as “you”, “your” “donor” or “Member” hereinafter) and Your Change LLC (sometimes referred to as “we”, “our” or “www.yourchange.app” hereinafter). If you do not intend to be legally bound by these terms and conditions of use, do not access or use the App. Essentially, if you visit the App or our website you accept all terms and conditions of use.  Please read them carefully. If you do not agree to these terms of use in their entirety, you may not use the App or the website and should not proceed to register.

 

We may modify these terms and conditions from time to time. If you do not agree to any modifications, you should terminate your use of our App and its Service (as defined below). Your continued use of the App will constitute a binding acceptance by you of these terms and conditions or any subsequent modifications.

 

  1. App and Services. The App provides you with the ability to create a profile, make financial donations to your organization of choice, and other services that may be available in the future (collectively referred to as the “Service”). More specifically, our “Service” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and any other materials you may view on, access through, or contribute to the App. The Service includes all aspects of the App, including but not limited to all profiles, tools, and services offered via the App.
    1. The Service may contain links to third-party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any other person or third-party websites. In addition, we will not and cannot review, monitor, censor, or edit the content of any third-party site. By using our App and the Service, you expressly relieve us from any and all liability arising from your use of the App and the Service, including any third-party website.

 

Services

 

  1. Member Accounts. In order to access the App and the Service, you must create a Member Account. The term “Member” means a person who provides information including, but not limited to, names, email addresses (or access to Facebook and Google profiles), address, date of birth, social security number, and online banking credentials to participate in the Service in any manner. Some or all of this information may be encrypted for security purposes. You can create a Member Account at any time. We reserve the right to suspend or terminate your Member Account and refuse any future use of the Service for any reason.   
  2. Rounds Ups and Instant Donations. The App enables Members to make monetary donations to an Organization (as defined below) of their choice from the integrated bank/credit account associated with their Member Account. For every completed transaction that occurs on your integrated bank/credit account, we will round up the change on transaction amount to the next dollar value (“Round Up”). Once you accumulate $5.00 USD or more in Round Ups, a Round Up Donation is made to your selected Organization. Additionally, Members can make a Donation by utilizing the Instant Donation feature which enables you to select a dollar amount and make a donation to your selected Organization from your integrated bank/credit account instantly. Round Ups and Instant Donations may be collectively referred to as “Donations”. 
  3. Organization Account. The App enables non-profit business entities, (“Organizations”), to receive financial Donations from Members (“Contributions”). In order to be eligible to receive Contributions, Organizations must create an Organization Account, and provide us with information including, but not limited to, names, email addresses (or access to Facebook and Google profiles), address, date of birth, employer identification number, online banking credentials, and Stripe payment processing credentials to participate in the Service in any manner. Some or all of this information may be encrypted for security purposes. You can create an Organization Account at any time. We reserve the right to suspend or terminate your Organization Account and refuse any future use of the Service for any reason. The relationship between Your Change LLC and you will be that of independent contractors, and neither of us nor any of our respective officers, agents, or employees will be considered partners, joint ventures, fiduciaries, employees, or agents of the other. 
  4. Dashboard. Members/Organizations can monitor their monthly, weekly, and annual Donations/Contributions by accessing the Dashboard in the App. We cannot guarantee that the information is current or error-free but will use our best efforts to ensure the Dashboard is up to date. 

 

Service Use Terms  

 

  1. Member and Organization Accounts. These terms and conditions are an electronic contract that establishes the legally binding terms you must accept to create a Member Account or Organization Account. You acknowledge and agree that in order to access the App and Service, you must create a Member Account or Organization Account.
  2. Eligible Members. You must be at least 18 years of age to access and use the Service. Any use of the App or Service is void where prohibited. If you are under age 18, you may not, under any circumstances or for any reason, use the Service. We may, in our sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. We reserve the right to monitor your activity the App for internal business purposes and to ensure your interaction with the Service is compliant with any applicable regulations. You are solely responsible for ensuring that these terms and conditions are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these terms and conditions or use of the Service is prohibited or to the extent provision of the Service conflicts with any applicable law, rule, or regulation. Further, the Service is offered only for your use, and not for the use or benefit of any third-party. By accessing and using the App or the Service, you represent and warrant that you have the right, authority, and capacity to accept and abide by all of the terms and conditions. 
  3. Registration. To sign up for the Service, you must create a Member or Organization Account. You must provide accurate and complete information. You shall not: (i) use the name of another person or Organization with the intent to impersonate that person or Organization or (ii) use the name of a person or Organization without appropriate authorization. You are solely responsible for the activity that occurs on your Member or Organization Account, and for keeping your Member or Organization Account password secure. You may never use another person’s Member or Organization Account or registration information for the Service without permission. You must notify us immediately of any change in your eligibility to use the Service, breach of security or unauthorized use of your Member or Organization Account. You should never publish, distribute or post login information for your Member or Organization Account. You shall have the ability to delete your Member or Organization Account, either directly or through a request made to one of our employees or affiliates. 
    1. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we or any of our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse your current or future use of the Service, as well as possibly subjecting you to criminal and civil liability. 
    2. You agree to (a) immediately notify us of any unauthorized use of your Member or Organization Account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the Service through your Member or Organization Account. Unauthorized access to the Service is illegal and a breach of this Agreement. You agree to indemnify us against all activities conducted through your Member or Organization Account. 
  4. Financial Transactions. We may use third-party payment platforms including but limited to Stripe, Dwolla, and Plaid to process Donations/Contributions and associated processing fees (as defined below). You expressly understand and agree that we shall not be liable for any payments and monetary transactions that occur through your use of the App. You expressly understand and agree that all payments and monetary transactions are handled by third parties. You agree that we shall not be liable for any issues regarding financial and monetary transactions between you, your financial institution, and any other party. You are responsible for all transactions (one-time, recurring, and refunds) processed through the App and/or third parties. We are not liable for loss or damage from errant or invalid transactions processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed. You must not process stolen credit cards, or unauthorized credit cards through the App. 
    1. We are not responsible or liable for any activities or conduct of Stripe or other third-party service providers, and you agree to hold us harmless and expressly release us from any and all liability arising from or in connection with any financial transactions via the App. We reserve the right to deny any Donation or Contribution due to App errors. 
  5. Processing Fees. Your Change, LLC makes reasonable efforts to deliver Donations from Members to their Organization of choice. The Service and third parties will deliver Donations. For each Donation processed, a fee will be exacted on the Donation from the Member. This fee can vary, without notice, based on market conditions and the value of the Donation. Our fees are charged at the time of the transaction.
    1. $0.25 per one-time donation 
    2. 12% per round-up contribution processed. 
      1. Round-up contributions vary from $5.00 – $5.99 and our 12% is approximately $0.60 per round-up.
    3. Fees charged by third-party processing companies such as Strip and Plaid are not within our control and are paid directly to the processor at the time of the transaction. Stripe currently charges: 2.9% + $0.30 per transaction for credit card transactions and 0.8% per transaction for ACH transactions.
  6. Refund Policy. After a Donation is processed, no refunds will be processed in accordance with federal donation law. If you have further questions, please contact the organization to which you have donated via their website.
  7. Taxes. We will provide you with monthly and annual tax receipts as required by the law. Members and Organizations can view and/or download tax receipts by accessing the settings of their Member or Organization Account. We recommend checking with a tax professional, attorney, and/or accountant for information specific to tax filing and your Donations or Contributions on the App. Your Change, LLC shall be held harmless for any activities on the App and in connection with the App, including but not limited to tax reporting in connection to Donations. 
  8. No Background Checks. We do not conduct criminal background checks on Members or Organizations at this time. We also do not inquire into the backgrounds of Members or Organizations to verify any of the statements. We make no representations or warranties as to the conduct of Members, Organizations, or their compatibility with any future or current Members. We reserve the right to conduct a criminal background check or screening at any time in the future using public database records or other means. We will not be liable for any damages whatsoever, direct or indirect, compensatory, special, general, consequential, and/or incidental, relating to the conduct of you or anyone else in connection with the use of our Service. 
  9. General Permissions and Restrictions for Use of the Service. We hereby grant you permission to access and use the Service as set forth in these terms and conditions, provided that: (i) You agree not to distribute in any medium any part of the Service; (ii) You agree not to alter or modify any part of the Service; (iii) You agree not to access the Service through any technology or means other than explicitly authorized means we may designate; (iv) You agree not to use the Service for any of the following commercial uses: (a) the sale of access to the Service; (b) the sale of advertising, sponsorships, or promotions placed on or within the Service; or (c) the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing content delivered via the Service; (v) You agree to comply with all applicable laws, and further agree not to violate any applicable laws through use of the Service; and (vi) You agree not to violate any of the terms and conditions. We reserve the right to discontinue any aspect of the Service or terminate your Member Account or Organization Account at any time for any reason. 
  10. Code of Conduct and Further Restrictions on Use of our Service. In addition to the restrictions above, the following restrictions and conditions apply specifically to your use of the Service: (i) the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to us, subject to copyright and other intellectual property rights under the law; (ii) content is provided to you AS IS. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without our prior written consent; (iii) You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (iv) You understand that when using the Service, you will be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further agree not to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any content, that: (a) fails to comply with these Terms and Conditions; (b) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; (c) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, offensive or is otherwise inappropriate as determined by us in our sole discretion; (d) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (e) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third-party; (f) impersonates any person or entity, including any of our employees or representatives; or (g) includes anyone’s identification documents or sensitive financial information.
    1. You further shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or “spam” on the Service; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any content from the Service; (vii) otherwise take any action in violation of our guidelines and policies; (viii) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any Applications), except to the limited extent applicable laws specifically prohibit such restriction, (ix) modify, translate, or otherwise create derivative works of any part of the Service, or (x) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
  11. Termination. We may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Member Account or Organization Account, you may do so by following the instructions on the Service. Any fees paid in connection with the Service are non-refundable. All provisions of these terms and conditions which, by their nature, should survive termination shall survive termination, including, without limitation, licenses, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
  12. Third-Party Services. The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Service. When you access third-party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, information, goods or services available on or through any such website or resource.

 

Additional Terms

 

  1. Geographic Scope. While this App may be viewed internationally and may contain references to the Service not available in all countries, you agree that: (i) the Service shall be deemed solely based in Florida; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Florida. We may in our sole discretion limit, deny or create different level of access to and use of any Service (or any features within the Service) with respect to different members.
  2. Electronic Communications. When you visit the App or our website, contact us through the App or website, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the App or our website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on the App or website satisfy any legal requirement that such communications be in writing.
  3. Acceptance of Modification of Terms and Conditions. You acknowledge and agree that we may amend any terms and conditions at any time by posting the relevant amended and restated terms and conditions on the App.  By continuing to use the Service or the App, you agree that the amended terms and conditions will apply to you. No further action will be required by us for your acceptance of the amended terms and conditions. 
  4. Proprietary Information. The Service contains information, which is proprietary to us, Organization, or Members of the Service. We assert full copyright protection in the Service. Any information posted by us, Members, or Organizations of the Service may be protected whether or not it is identified as proprietary to us the Member, or to the Organization. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.
  5. Limited License, Access, and Non-Commercial Use. We grant you a nonexclusive, nontransferable, revocable, limited right and license to access and make personal use of the Service and the material provided hereon for your personal, noncommercial use, provided that you fully comply with the terms and conditions of use of the Service.  You agree not to download (other than page caching) or modify the Service, or any portion of it.
    1. This license does not include any rights of resale or commercial use of the Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the App or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.  The Service or any portion of the Service may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form).  You may not use any metatags or any other “hidden text” utilizing our name or trade names, trademarks, or service marks. Any unauthorized use terminates the permission or license granted by us.
  6. Service Descriptions. We attempt to be as accurate as possible when describing our Service on the App. However, we do not warrant that service descriptions or other content of this App are accurate, complete, reliable, current, or error-free.
  7. Copyright. All content included on the Service, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, is our property and is protected by United States and international copyright laws.  The compilation of all content on this App is our exclusive property and is protected by U.S. and international copyright laws.  All software used on this App is our property or licensed to us and is protected by United States and international copyright laws. Nothing contained on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Service.
  8. Trademarks. We own the following registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin that appear on this App, including, without limitation, the following: 

 

Your Change
Serial Number 97500915

 

Serial Number 97564368

 

Give The Difference
Serial Number 97564344

 

  1. The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin may not be used in connection with any business, product, or service whose source is not ours, in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits us, our Service. All other trademarks, service marks, trade names, and logos not owned by us or its affiliates that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.  Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin displayed or contained in the App. 

 

  1. Patents. One or more patents apply to the App and to the features, products, and the Service accessible via the App. Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the foregoing patents, licensed patents, or the patentable inventions contained therein.
  2. Copyright Complaints. We respect the intellectual property rights of others, and we ask our Members to do the same. The following actions may be used to deter suspicious content: (a) Removal of content upon receipt of intellectual property infringement claim against the same from intellectual property right holders; (b) Written notification to Members or Organizations responsible for content subject to intellectual property infringement claim; and/or (c) Termination of Member or Organization Account in respect of intellectual property infringement claims. In appropriate circumstances and in our discretion, we may terminate the rights of any member to use of the App (or any part thereof) who infringes the intellectual property rights of others. 
    1. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information to the “Copyright Agent” specified below:

 

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the App;
  • Your address, telephone number, and e-mail address;
  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

You may send any notices, including notices of copyright infringement under the Digital Millennium Copyright Act to our designated agent for notice of claims of copyright infringement on the App at the following addresses:

 

Your Change LLC 

1225 Broken Sound Parkway NW 

Boca Raton, FL 33487 

 

Please note that this procedure is exclusively for notifying us that your copyrighted materials have been infringed. All intellectual property infringement claims shall be made under penalty of perjury. Intellectual property right holders agree to indemnify and hold us harmless from all claims, causes of action, damages and judgments arising out of any removal of product listings pursuant to intellectual property infringement claims. 

 

THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT

  • Disclaimer of Warranties and Limitation of Liability. The App is provided by us on an “as is” and “as available” basis.  We make no representations or warranties of any kind, express or implied, as to the operation of the App or the information, content, materials, or products included on the App.  You expressly agree that your use of the App is at your sole risk. The fact that Your Change LLC has made the App and the Service available to you, constitutes neither a recommendation that you enter into a particular transaction or Donation, nor a representation that the Service is appropriate for you. Any mention of risks discussed herein with respect to the Service shall not be considered to be a disclosure of all risks. You should not consider any of the material contained herein or on our website as business, financial, investment, legal, tax, or accounting advice, nor make the Service the primary basis for any investment decisions. 
  • TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WE DO NOT WARRANT THAT THE APP, ITS SERVICE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THE USE OF THE APP, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF FEES YOU HAVE PAID FOR USE OF THE SERVICE, IF ANY.
  • Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.  If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. 
  • Governing Law. This Service was developed in the United States of America in accordance with and shall be governed by the laws of the State of Florida, United States of America.  By using the Service, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these terms and conditions of use, and any dispute of any sort that might arise between you and us.
  • Disputes. These terms and conditions and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws in effect in the State of Florida, without regard to its conflict of law provisions. You agree that any and all controversies, disputes or claims arising out of your use of the App, the Service, or these terms and conditions shall be exclusively governed and decided by binding arbitration under the Federal Arbitration Act in conformity with the Rules and Procedures as established by the American Arbitration Association. The determination of the arbitrator shall be final and binding (except to the extent there exist grounds for vacation of an award under applicable arbitration statutes). The arbitration shall be presided over by a single impartial independent arbitrator appointed by the AAA. The parties agree that the issue of arbitrability shall also be decided by such arbitrator. Each party shall bear its own costs in any arbitration. The arbitration provision contained herein shall be self-executing and shall remain in full force after the expiration or termination of this Agreement. The place of arbitration shall be Palm Beach County, Florida.
  • YOU WAIVE ANY RIGHT TO LITIGATE SUCH CONTROVERSIES, DISPUTES, OR CLAIMS IN A COURT OF LAW, AND WAIVE THE RIGHT TO TRIAL BY JURY. THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY AND ALL DISPUTES OVER THE VALIDITY AND ARBITRABILITY OF ANY PART OF THIS AGREEMENT, AND ANY AWARD BY THE ARBITRATOR MAY BE ENTERED AS A JUDGMENT IN ANY COURT HAVING JURISDICTION. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY JOINING OUR APP OR CREATING A MEMBER ACCOUNT OR ORGANIZATION ACCOUNT YOU SPECIFICALLY WAIVE ANY RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS ACTION OR CLAIM OR COLLECTIVE ACTION OR CLAIM YOU MAY HAVE AGAINST US, INCLUDING, BUT NOT LIMITED TO, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATION OR JOINING ANY CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT OR ANY OTHER PROCEEDING. YOU AGREE THAT ALL CLAIMS BETWEEN YOU AND US WILL BE LITIGATED INDIVIDUALLY AND THAT YOU WILL NOT CONSOLIDATE OR SEEK CLASS TREATMENT FOR ANY SUCH CLAIM. IF AT ANY TIME YOU ARE DEEMED A MEMBER OF ANY CLASS CREATED BY ANY COURT OR IN ANY OTHER PROCEEDING, YOU SHALL “OPT OUT” OF SUCH CLASS AT THE FIRST OPPORTUNITY AND SHOULD ANY THIRD-PARTY PURSUE ANY CLAIMS ON YOU’RE BEHALF YOU SHALL WAIVE YOUR RIGHTS TO ANY SUCH MONETARY RECOVERY.
  • Severability, Waiver, Assignment, and Merger. If any of these terms or conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severed and will not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of our right to act with respect to subsequent or similar breaches. We shall have the right to assign the terms and conditions (including all of our rights, titles, benefits, interests, and obligations and duties in the terms and conditions to any person or entity. You may not assign, in whole or part, the terms and conditions to any person or entity. This constitutes the entire agreement between you and us and governs your use of the App and the Service, superseding any prior written or oral agreements in relation to the same subject matter herein.
  • Third Notice as to Modification. We reserve the right, in our sole discretion, to change, modify, add to, or remove portions of the App, Service, and the terms and conditions at any time.  You should check these terms and conditions periodically for changes.  By using the App after we post any changes to the terms and conditions, you agree to accept those changes, regardless of whether you have reviewed them.  If you do not agree to these terms and conditions, you should not use the App and, if applicable, you should arrange to cancel your Member Account or Organization Account with us.