End User Terms of Use

Last modified: March 16, 2018

Acceptance of the Terms

Please read these terms of use (“Terms”) carefully. By browsing and using our website you agree to these terms and conditions, whether as a visitor, customer, or donor (“User” or “you”). We (meaning Revv, LLC, sometimes referred to as “Revv”; “we”; or “us”) provide a website with related services and products that are used by organizations (“Clients”) to raise money via donations and/or spread awareness via petitions (“Donations”) and for consumers to place orders for Client’s products and services (“Orders”). As such, we facilitate the processing of online Donations and Orders. Clients are subject to and must comply with the terms and conditions applicable to Clients. These Terms apply to your use of our website, located at https://revv.co and/or our mobile applications, other platforms that connect to our website and/or mobile applications, and the products and services provided at our website and/or mobile applications, as now existing or as may exist in the future (the “Platform”). By using the Platform, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Platform.

Privacy Policy

Please refer to our Privacy Policy, which is incorporated herein by reference, for information on how we collect, use, and disclose your information. By using the Platform, you agree to be bound by, and consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Changes to the Terms of Use. We may revise and update these Terms from time to time in our sole discretion. Such revisions or updates will either be posted on this page of the Platform, or be delivered to the email address associated with your User account. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. If you do not accept and agree to any revised Terms, you must delete your account. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.

Changes to the Platform

We reserve the right to withdraw or amend the Platform, and any service or material provided on the Platform, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including users who have registered for a Revv account.

Eligibility

The Platform is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories. By using the Platform, you represent and warrant that you are of legal age to form a binding contract with Revv and meet all of the foregoing eligibility requirements. The owner of the Platform is based in the United States. Revv provides this Platform for use only by persons located in the United States. Revv makes no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. If you do not meet all of these requirements, you must not access or use the Platform. Revv reserves the right to review and approve or deny any User that signs up for an account on the Platform. Making a Donation on the Platform.

• Authorization of Donation or Placing Order. By entering all of the information prompted on the Platform (including payment information, the “User Data”) in the process of making a Donation or placing an Order, selecting a Donation amount, and clicking “Donate” you thereby authorize us to process your donation or your Order by prompting our third-party payment processor (“Payment Processor”) to charge the method of payment that you provided. In addition to the foregoing steps to make a Donation, you may make a donation on a recurring basis (a “Recurring Donation”). If you select to make your Donation a Recurring Donation, you authorize us to process additional periodic Donations to the Client in the amount of your original Donation to the same Client on the interval you specify. If you have a Revv account, you can opt out of a Recurring Donation by clicking here: [https://app.revv.wpengine.com/profile#subscriptions](https://app.revv.wpengine.com/profile#subscriptions?utm_source=website&utm_medium=donor-terms. If you do not have a Revv account, you can opt out by going here and following these instructions: How do I cancel my recurring donation?
• Email One-Click Donations. After making a Donation, you may receive a communication from us or from a Client that prompts you to make a donation. By clicking the “Donate” link in the communication, you thereby authorize us to process a donation by prompting our Payment Processor to charge the method of payment that you provided in your initial Donation.
• Refunds. We do not handle nor are we responsible for refund requests for any donations. Please contact the Client that you donated to in order to receive a refund. We will process a refund at the direction of a Client.
• Processing Fees. We reserve the right to charge a processing fee to Clients to provide the Platform to you and to process your Donations. You understand and acknowledge that the amount received by the Client as a result of your Donation may be reduced by the amount of such processing fees.
• Party to Donations or Orders. You agree and acknowledge that Revv is not a party or an agent of any transaction conducted via the Platform. Revv does not set, control, or endorse the Client, or any conformance or legality of the representations of any Client described on the Platform or elsewhere. Revv cannot, and does not, control whether Client’s or their personnel or campaigns will complete their representations or promises they make on the Platform or elsewhere. In the event any User has a dispute with a Client, or suffers any harm arising out of or connected with any Client, User hereby waives all claims and releases Revv (and its subsidiaries, employees, officers, directors, shareholders, suppliers, joint venturers, and agents) from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Donations, Orders, or representations made on or through the Platform, any Client, or with regards to such dispute.

Prohibited Uses

Users may use the Platform only for lawful purposes and in accordance with these Terms. Users shall not:

• Use the Platform in any way that violates applicable federal, state, local, or international law or regulation (including, without limitation, to facilitate any illegal transaction or to commit fraud);
• Provide Platform passwords or other log-in information to any third party;
• Share non-public Platform features or content with any third party;
• Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform;
• Use the Platform in any manner that could disable, overburden, damage, or impair the Platform in interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform;
• Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack;
• Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without Revv’s prior written consent;
• Use any device software or routine that interferes with the proper working of the Platform;
• Access the Platform in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the Platform, or to copy any ideas, features, functions or graphics of the Platform;
• Use the Platform to promote, advocate, sell, or offer any illegal activity, good, or service;
• Use the Platform to promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Use or access the Platform to infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
• Be a high-risk or regulated business such as, but not limited to, financial services, securities, and pharmaceuticals;
• Use the Platform or Services to engage in, advertise, or encourage gambling;
• Engage in any other conduct when using that Platform that Revv deems inappropriate in Revv’s sole discretion;
• Use the Application Programming Interface (“API”) to create databases, compilations of data, or to access or use any material on the Platform to populate any other sites, applications, databases, or services, other than to process Donations through the Platform, to improve transaction flows through the Platform, or for any other purpose not explicitly permitted hereunder; or
• Otherwise attempt to interfere with the proper working of the Platform. User is responsible and liable for their use of the Platform, any conduct that is prohibited by these Terms or conduct that would violate these Terms, and any use of the Platform through User’s account, whether authorized or unauthorized.

Products

Client may offer you Client’s goods and services (collectively, the “Products”) through the Platform. Client is solely responsible for the resolution of disputes for all Orders made on or through the Platform. Revv has no control over and shall not be responsible in any way for: (a) the existence, quality, shipping, fulfillment, safety, legality of Products made available on or through the Platform and Donations made or solicited on the Platform; (b) the truth or accuracy of Client’s contents or listings; (c) the ability of Clients to deliver Products, or deliver on promises made related to the Donations; or (d) your ability to pay for the Products. Client shall be solely responsible for processing any refunds for the Products and in no event shall Revv be responsible in any way for processing such refunds. All sales of Products shall be subject to Client’s terms and conditions of sale.

Reliance on Information Posted

Revv does not warrant the accuracy, completeness, or usefulness of any information provided on the Platform. We disclaim all liability and responsibility arising from any reliance placed on such information by Users, Clients, or any other visitor to the Platform, or by anyone who may be informed of any of the Platform’s contents. This Platform includes content provided by third parties, including materials provided by Clients or other Users. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Revv. We do not undertake to review material before it is provided on the Platform. Accordingly, we are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Removal Rights; Enforcement

These Terms do not require that we take any action against Users, or other third parties for violating the Terms, but we are free to take any such action if we see fit. Furthermore, we may terminate or suspend User’s access to the Platform without advanced notice, for any reason or no reason, including when we feel you are violating these Terms. We may also take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.

Without limiting the foregoing, we have the right to fully cooperate 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 Platform. YOU WAIVE AND HOLD HARMLESS REVV AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY REVV DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER REVV OR LAW ENFORCEMENT AUTHORITIES.

Account Security

If you register for a Revv account, you must treat your username and password as confidential and not disclose it to any other person or entity. Users shall take reasonable steps to prevent unauthorized access to the Platform, including without limitation by protecting its passwords and other log-in information. You acknowledge that your account is personal to you and agree not to provide any other person with access to these Services or portions of it using your username, password or other security information. Users shall notify us immediately of any known or suspected unauthorized use of the Platform or breach of its security and shall use best efforts to stop said breach. We have the right to disable any username, 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 these Terms. Revv is not liable for loss or fraud as a result of loss or stolen passwords. You should use particular caution when accessing your account from a public or shared computer or mobile device so that others are not able to view or record your password or other personal information or able to make, modify, or discontinue Orders or Donations on your behalf.

User Representations and Warranties

You represent and warrant that: (a) all information provided by you (including any credit card, debit card, and bank information) is true, correct, and complete; (b) charges incurred by you will be honored by your credit/debit card company or bank; (c) you will pay the charges incurred by you in the amounts posted, including any applicable taxes; (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information; (e) your use of the Platform shall comply with all federal, state, and local laws and regulations; and (f) any Donation or Order you make is not made in any manner to avoid applicable regulation or law.

IP Rights to the Platform

Revv and its licensors and licensors own all right, title, and interest, including intellectual property and other rights such as patents, trademarks, copyrights and trade secrets, in the Platform and all enhancements, modifications, and updates thereto. User recognizes that the Platform and its components are protected by copyright and other laws.

These Terms permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the information or material on our Platform, except as follows: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; and (b) You may store files that are automatically cached by your Web browser for display enhancement purposes. If you print, copy, modify, download, or otherwise provide any other person with access to any part of the Platform in breach of these Terms, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms is a breach of the Terms and may violate copyright, trademark, and other laws.

Trademarks

Revv’s name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of Revv or its affiliates or licensors. You must not use such marks without the prior written permission of Revv. All other names, logos, product and service names, designs and slogans on the Platform are the trademarks of their respective owners.

Links from the Platform

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Indemnification

User shall defend, indemnify, and hold harmless Revv, its officers, directors, employees, shareholders, parents, subsidiaries, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or related to User’s alleged or actual use of, misuse of, or failure to use the Platform, including without limitation any claims by third parties (including other users or Clients) related to: (a) User’s use of the Platform or Donations made through the Platform; (b) the materials available on the Platform; (c) User’s breach or alleged breach of any of its representations and warranties under these Terms; or (d) User’s use of any Products Ordered through the Platform. User’s obligations set forth herein include retention and payment of attorneys fees and payment of court costs, as well as settlement at User’s expense and payment of judgments. Revv will have the right, not to be exercised unreasonably, to reject any settlement or compromise that requires that it admit wrongdoing or liability or subjects it to any ongoing affirmative obligations.

Limitation on Liability

IN NO EVENT WILL REVV, ITS AFFILIATES OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL REVV’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED $500 DOLLARS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

WARRANTY DISCLAIMERS

USER ACCEPTS PLATFORM “AS IS” AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (A) REVV HAS NO OBLIGATION TO INDEMNIFY OR DEFEND USER OR USERS AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (B) REVV DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL PERFORM WITHOUT INTERRUPTION OR ERROR; (C) REVV DOES NOT REPRESENT OR WARRANT THAT PLATFORM IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT USER DATA WILL REMAIN PRIVATE OR SECURE; AND (D) REVV DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR THAT ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platform for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE PLATFORM, OR ON ANY SITES LINKED TO THE PLATFORM. REVV HAS NO RESPONSIBILITY OR LIABILITY FOR ANY PRODUCTS AND MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION OF THE PRODUCTS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Arbitration and Choice of Law

All disputes under, concerning or relating to these Terms shall be resolved by mandatory binding arbitration. The arbitration proceeding shall be administered by the American Arbitration Association (“AAA”). Arbitration shall be conducted in accordance with the AAA Commercial Arbitration Rules. If there is any inconsistency between the Terms hereof and any such rules, the terms and procedures set forth herein shall control. A single arbitrator will resolve the dispute and shall be selected by mutual agreement of the parties. If the parties are unable to agree to an arbitrator, the AAA shall select and appoint the arbitrator. The arbitration shall be conducted in Wilmington, Delaware or such other location as may be mutually agreed upon in writing by the parties. The arbitration shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to choice of law principles. The prevailing party in such a dispute is entitled to recover fees and expenses including a reasonable attorney’s fee. You and Revv agree that any dispute arising out of or related to these Terms is personal to you and Revv, and that such dispute will be resolved solely through individual resolution, and will not be brought as a class action or any other type of representative proceeding.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver; Severability; Entire Agreement

No waiver of or by Revv of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Revv to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

The Terms and our Privacy Policy constitute the sole and entire agreement between you and us with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

Terminating Your Account

Users can terminate their account at any time by logging into their Revv account and selecting “Close Account” under the Settings. Revv has the right to terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms. We also have the right to terminate any accounts that have been inactive for over 90 days. Users may request that Revv delete all User Data by emailing Revv at [email protected]. Revv may, but is under no obligation to, delete or destroy User Data after the termination of your account and Revv may continue to use User Data as set forth in the Privacy Policy.

Linking to the Platform

You may link to our homepage, 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 without our express written consent. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. Notwithstanding the foregoing, Revv does not approve or endorse any individual campaign or candidate. In our discretion, we reserve the right to withdraw linking permission without notice.

Your Comments and Concerns

If you have any questions concerning these Terms, please contact [email protected].