Give With Click: Terms & Conditions

Terms of Service

Give With Click Terms & Conditions of Service

Last Updated September 27, 2024

Your access to and use of givewithclick.com is subject to the following terms and conditions and all applicable laws.

Acceptance of Terms.

Give With Click is a software platform built by Integral Thread (“Integral Thread” or “us” or “we”) and we welcome you to givewithclick.com and related sub-domains (the “Website”). By accessing and using the Website, you accept the following terms and conditions, without limitation or qualification. Unless otherwise stated, the contents of the Website including, but not limited to, the text and images contained herein and their arrangement are the property of Integral Thread. All trademarks used or referred to in this Website are the property of their respective owners. Nothing contained in the Website shall be construed as conferring by implication or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Integral Thread or any third party.

If you do not agree to these Terms of Service, do not use the Website.

We can change these Terms of Service at any time without any notice to you. It is your responsibility to review these Terms of Service from time to time for any changes as it creates a binding legal agreement between you and Integral Thread. If you use the Website after we have changed any of the Terms of Service, you are agreeing to all of the changes.

These Terms of Use include the Terms and Conditions below and the privacy policy, collectively referred to as “the Agreement” or “this Agreement.” The Agreement constitutes the complete and entire agreement between the Parties regarding the subject matter of the Agreement, and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter.

Your access to and use of the Give With Click Platform (as defined below) is subject to the Agreement, as well as all applicable laws and regulations, along with any other terms and conditions set forth by Integral Thread in writing. In regard to your use of the Platform, to the extent the Agreement conflicts with any other Integral Thread terms and conditions, the Agreement shall govern.

1. Description of the Give With Click Platform.

Integral Thread provides Give With Click, a software platform (the “Platform”) and various features and products (the “Products”) that allow participants to effectively manage various matters for their school, team, event, activity or organization (the “Beneficiary”). The Platform and its Products are accessible via the Integral Thread website currently located at givewithclick.com (the “Website”).

2. Requirements and Standards; Acceptance by Integral Thread.

Access to the Platform is predicated upon your ability to meet – and your continuing to meet – all of the requirements and standards delineated in this Agreement, and your acceptance of all of the Terms and Conditions and all other portions of this Agreement. Please note that Integral Thread reserves the option to review any request to access the Platform or other software platform or feature, and to deny any request for access, for any reason.

You also agree to provide true, accurate, current and complete information about yourself (and any team members for whom you might submit information) during the registration process. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete) – or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete – we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof). You are responsible for maintaining the confidentiality of your email account. You agree to accept responsibility for all activities that occur under your account. You agree to notify us immediately by emailing us at support@givewithclick.com of any unauthorized use of your account or any other breach of security.

3. Participant Acknowledgment; Additional Acknowledgments.

Participant hereby acknowledges and agrees that access to the Platform – and use of the Platform – does not constitute a solicitation of donations by Integral Thread. Integral Thread does not engage in any solicitation activities on behalf of you, or any Beneficiary with which you may be involved. Additionally, you acknowledge and agree that while Integral Thread may designate a representative to be available to answer your questions, such Integral Thread representative is solely available to answer questions related to the functionality and features of the Platform.

If you are 13 or older but under the age of majority in your state of residence (often 18), a minor, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Site and Services with permission from your parent or legal guardian.

In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Platform. You also acknowledge and agree that use of the Internet and access to or transmissions or communications with the Platform is solely at your own risk. While Integral Thread has endeavored to create a secure and reliable Platform, you should understand that the confidentiality of any communication or material transmitted to/from the Platform over the Internet or other form of global communication network cannot be guaranteed.

4. Restrictions on User Content and Your Conduct.

The Give With Click Platform provides you with the ability to upload pictures, images, photographs, logos, and other content (collectively, hereinafter, the “Content”) for use in conjunction with your use of the Platform and its Products. You represent and warrant that:

(i) you own the Content posted by you on the Platform or otherwise used in conjunction with the Platform, or otherwise have the right to grant the rights and licenses set forth in this Agreement;
(ii) you have all approvals and permissions required for posting or using any such Content;
(iii) the posting and use of your Content on or through the Platform does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and
(iv) you will not submit email addresses belonging to children under 13

You may not:

use our Website for any illegal purpose;
submit User Content that you don’t have the right to submit, unless you have the owner’s permission; this includes material covered by someone else’s copyright, patent, trade secret, privacy, publicity, or any other proprietary right;
forge headers or manipulate other identifiers in order to disguise the origin of any User Content you submit;
submit any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;
submit User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
impersonate anyone else or lie about your affiliation with another person or entity;
use meta tags or any other “hidden text” utilizing any of our or our suppliers’ product names or trademarks;
upload, launch, post, email or transmit any material (including any bot, worm, scripting exploit or computer virus) that is likely to harm or corrupt our Website, or harm or corrupt our or anyone else’s computer systems, or data;
use our Website to harm minors in any way;
collect or gather other people’s personal information (including account information) from our Website;
submit User Content which disparages us or our partners, vendor or affiliates

We have the sole right, but not necessarily the obligation, to delete at any time any User Content that violates these rules or that we believe to be inappropriate for any reason.

5. Periodic Emails; Monitoring; Term and Termination of Access

Please note that Integral Thread or its subsidiaries or d/b/a’s may send you periodic email login links, updates, reminders or other related messaging to the email address provided to us at registration. In addition, those email addresses that are provided for various Integral Thread Products may receive several reminder emails during the course of Platform use. Integral Thread has the right, but not the obligation, to monitor your use of the Platform and its Products, and any and all related activities associated with such use. Integral Thread reserves the right, at any time and without prior notice, to suspend or terminate your account, or restrict, disable or permanently bar your use and access to the Platform (including its Products and/or any portion thereof) if we believe, in our sole discretion, that you have engaged, or may engage, in any of the above prohibited activities, are otherwise in violation of this Agreement, or for any other reason.

This Agreement shall be effective as of the moment you access the Website, and shall continue until either Party terminates the Agreement (the “Term”). This Agreement may be terminated by Integral Thread immediately for any reason by

giving Participant written notice (email shall suffice) of such termination,
or by Integral Thread terminating Participant’s access to Participant’s account.
This Agreement may be terminated by Participant for any reason by emailing Integral Thread at support@givewithclick.com,
or by canceling your account and ceasing all activities related to your use of the Platform.

In addition, Integral Thread reserves all of its legal rights to pursue any and all legal remedies if we believe your use of the Website or involvement with a Product is fraudulent or otherwise unlawful, or you are taking any actions or omissions that violate any term or condition of this Agreement or in order to protect our name and goodwill, our business, our intellectual property and/or other users. In addition to the miscellaneous section below, the provisions concerning Integral Thread’s proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this Agreement for any reason.

6. Intellectual Property Rights; Rights to Feedback

Copyright

Except as otherwise expressly stated, all content appearing on the Platform is the copyrighted work of Integral Thread or its third-party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content is also the exclusive property of Integral Thread and is protected by U.S. and international copyright laws. You may download information from the Platform and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein or otherwise permitted, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or content obtained from the Platform, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Integral Thread or any applicable third party suppliers. The use of content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Integral Thread. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Integral Thread does not warrant or represent that your use of content, or any other materials displayed on the Platform will not infringe rights of third parties.

Trademarks and Service Marks

Certain service marks and trademarks are the service marks and trademarks of Integral Thread or one of its affiliates or subsidiaries. Each of the Integral Thread Products, their names, logo, the domain name(s) for the Website(s), all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Integral Thread. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Website without the prior written authorization of Integral Thread.

7. Indemnification

You agree to defend, indemnify, and hold harmless Integral Thread, its subsidiaries and affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from: a) your use of the Platform or the launching and running of any Integral Thread Product; b) any act or omission by you; c) any breach by you of this Agreement, including any breach by you of any covenant, representation or warranty made by you; or d) your use of any gift, award, benefit or item received from Integral Thread for an illegal or unauthorized purpose. This indemnification obligation shall survive any termination of this Agreement.

8. Disclaimers; Links

Participant Disclaimers

While Integral Thread endeavors to provide a reliable and functional platform and related services, the Platform, services and any information or assistance that may be provided by a Integral Thread representative are provided on an “as-is” and “as available” basis and may include errors, omissions, or other inaccuracies.

You assume the sole risk of making use and/or relying on the Platform, services, information and assistance. Integral Thread expressly disclaims all warranties and conditions with respect to the Platform and all elements thereof, whether implied, express, or statutory, including the implied Warranties of Merchantability, fitness for a particular purpose, title, non-infringement of third-party rights, satisfactory quality, quiet enjoyment and accuracy, or any other implied warranty, including any warranty pursuant to the uniform computer information transactions act as enacted by any state. Integral Thread does not guarantee or promise any specific functionality or features in regard to the Platform. Integral Thread also makes no representation, warranty or guarantee of any kind about your use of the Platform or any specific Platform Product, including that the Platform or any Product will operate error-free or in an uninterrupted fashion or that any files or information that you download from the Platform will be free of viruses or contamination or destructive features. You assume all risks of using the Platform.

Integral Thread Disclaimers

All content related to any Product including any descriptions or information regarding an organization is being provided by the end users of our Platform, and we neither edit nor verify any of such content.

The inclusion of any such organization in a Product or on the Website should not be viewed as an endorsement or recommendation of any kind,
and we do not make any warranty or guarantee as to the truthfulness of any statements concerning the organization, or the worthiness, good standing, or financial health of any such organization.
We also make no promises as to how any donations may be used by the organization. We do not monitor or control any of the organizations’ activities, and we shall not be responsible, in any manner or form, for the use or non-use of any funds or donations given to any such organizations.
All content and other information is provided on an ‘as is’ or ‘as available’ basis, and Integral Thread expressly disclaims all warranties and conditions with respect to the Website, any Product, any content and all elements thereof, whether implied, express, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of third-party rights, satisfactory quality, quiet enjoyment and accuracy, or any other implied warranty under the Uniform Computer Information Transactions Act as enacted by any state, or any similar law.
Integral Thread also makes no representation or warranty that the Website or any Products will operate error free or in an uninterrupted fashion or that any files or information that you download from the Website will be free of viruses or contamination or destructive features.
Nothing in this Agreement will create any franchise, joint venture, sales representative, or employment relationship between the Parties. Participant shall not have any authority to act for or to bind Integral Thread or any of its affiliates in any way.

9. Limitation Of Liability

YOUR USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE, SERVICES, AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

IN PARTICULAR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE OR SERVICES. OUR COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY:

(a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, SERVICES, OR PRODUCTS;
(c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA;
(d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES;
(e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR
(f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE OR SERVICES.

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Additionally, to the maximum extent permitted by applicable law, under no circumstances shall Integral Thread (and its successors, assigns, parents, subsidiaries, affiliates, officers, directors, agents, developers, networks, and distributors) be liable for

(i) any direct, indirect, punitive, incidental, special, exemplary, or consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, business or profits (including loss of donations) that result from the use of, or the inability to use, the Platform or any of the services,
(ii) any action taken in connection with an investigation by Integral Thread or law enforcement authorities regarding your or any other party’s use of the Platform,
(iii) any action taken in connection with, or related to, copyright or other intellectual property or its owners,
(iv) any errors or omissions in the Platform’s operation,
(v) any damage to your mobile device or other equipment or technology (including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure) or
(vi) any other technical or other malfunction, including, without limitation, loss of goodwill, whether in an action of contract, negligence, strict liability, tort or any other action.

In no event will Integral Thread be liable to you or anyone else for death or personal injury, even if the possibility of such damages has been advised, and even if a remedy set forth herein is found to have failed its essential purpose. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.

You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.

10. Products Not for Use Outside of the United States; Hosting in the United States

Please note that the Give With Click Platform does not support – and does not allow – any registration or transactions for Organizations domiciled outside of the United States. If you are operating the Product for the benefit of a U.S. Organization from outside of the U.S., please be aware that your use of the Platform requires that you comply with all applicable federal and state U.S. laws. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.

The Integral Thread Website and all Product pages are hosted in the United States. If you are a non-U.S. user of our Website or Product pages, by visiting or using an element thereof you agree to comply with all applicable federal and state U.S. laws. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside. Without limiting the generality of the foregoing, if you are a user, you agree to obtain and comply with all conditions of any registrations, permits, licenses, consents or permissions that you are required to hold in order to utilize the Website and any related Products, and you shall immediately notify us if any such registration, permit, license, consent or permission is terminated or revoked.

We make no representations that the Website, any Products, and any and all information contained therein, including the Content, are appropriate, available or legal in any particular location. The Website and any Products are not intended for access or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Integral Thread to any registration requirement within such jurisdiction or country. You hereby acknowledge and agree that you are choosing to access the Website and any Products on your own initiative and that you are responsible for compliance with all applicable international, federal, state, local and any other applicable laws, statutes, ordinances and regulations regarding your use of the thereof.

11. Refund Policy

If the fundraiser that you have donated to has ended Integral Thread will not be able to process a refund. If the fundraiser you donated to is still active and the donation amount was made in error then Integral Thread will be able to process a refund. Users agree that they will not use an unauthorized credit card in making transactions on the Integral Thread site. Transactions are only subject to dispute if unauthorized use of the donor’s payment card is proved. If you become aware of fraudulent use of your card, please notify your card provider immediately.

Force Majeure

Integral Thread shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of Integral Thread including a delay in services from its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.

Survival

All provisions that by their nature are intended to survive, including but not limited to disclaimers of warranties, confidentiality obligations and limitations of liability provisions, shall survive the termination of this Agreement. All other provisions shall be of no further force or effect upon termination, provided that all such provisions shall survive to the limited extent necessary for certain Product transactions to be completed (including completing any and all transactions with any lead(s) provided pursuant to this Agreement), whether during the Term of this Agreement or any time subsequent to such Term.

Severability

If any provision of this Agreement is held by a court of law to be illegal, invalid or unenforceable, (i) that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and, for avoidance of doubt, if such holding of invalidity or unenforceability is based on a measure of liability, such provision shall be replaced by a legally valid measure of liability, and (ii) the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.

Governing Law; Class Action; Mediation; Arbitration

This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of Delaware. Each of the Parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in Delaware, as applicable, for any matter arising out of or relating to this Agreement, except that in actions seeking to enforce any order or any judgment of such federal or state courts located in Florida, such personal jurisdiction shall be nonexclusive.

In the event of a dispute, the Parties shall first attempt to resolve the dispute between themselves in good faith and then, if unsuccessful, by commercial mediation. At the request of either Party, the other Party shall make itself available for mediation within thirty (30) days of the request, using the mediation rules of the Judicial Arbitration and Mediation Service (“JAMS”). If the dispute cannot be resolved in this manner, the dispute shall be resolved by arbitration using the relevant arbitration rules of JAMS, and judgment upon the award rendered by the arbitration tribunal may be entered into any court having proper jurisdiction. Nothing contained herein shall prevent either Party from exercising its right to injunctive relief in any court of law having proper jurisdiction.

You and Integral Thread agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and that neither you nor Integral Thread will seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you or Integral Thread acts or proposes to act in a representative capacity. You and Integral Thread further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of you, Integral Thread, and all parties to any such proceeding.

Contact Us

Integral Thread welcomes your questions or comments regarding the Terms and Conditions:

Integral Thread
18117 Biscayne Blvd PMB 60256
Miami, FL 33160
support@givewithclick.com