The Online Services are offered and available only to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Online Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you are not permitted to access or use the Online Services.
We reserve the right to withdraw or amend the Online Services and remove or change any vendors, charities, users and/or material we provide on the Online Services, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Online Services is unavailable at any time or for any period.
Online Services Overview
The Online Services provide a social environment, including user profiles and posts, enhancing connections between charities and users, raising funds for charity and providing bridging opportunities for community leaders and users of the Online Services.
The Services are an administrative platform only. The Company facilitates the auction, charitable sales or transferring funds related to charitable campaigns or donations to charities but provides no further service. Company does not provide any packaging, shipping or delivery of any items won during the bidding process, which is the responsibility of each respective Charity. The Company is not a broker, agent, financial institution, creditor or 501(c) (3) nonprofit corporation (“Charity”). The respective Charity is responsible for providing any donation receipts to you and Company cannot provide such donation receipts. If you have not received a donation receipt, please contact the respective Charity directly.
All information and content provided by the Company relating to the Services is for informational purposes only, and the Company does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any auction, Charities, donations, donors, or any information or content relating to the Services, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.
The Company has no control over the conduct of, actions of or lack of action, or any information provided, including the accuracy thereof, by a Charity, a mentor through the Online Services, or other user and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not endorse any auction or Charity, and we make no guarantee, express or implied, that any information provided is accurate.
We expressly disclaim any liability or responsibility for (I) the outcome or success of any auction, (ii) the delay (including delays due to internet connection or other technological error), cancellation or postponement of any auction, (iii) use of the donation for the purposes stated by the Charity, and/or (iv) any incorrect or fraudulent 501(c) (3) designation by a Charity.
You, as a donor, must make the final determination as to the value and appropriateness of participating in any auction.
THE COMPANY MAKES NO REPRESENTATION REGARDING TAXES OR ELIGIBILITY TO DEDUCT FROM YOUR TAXES ANY AMOUNTS OF MONEY RELATING TO TRANSACTIONS MADE THROUGH THIS WEBSITE. PLEASE MAKE SURE TO CONSULT WITH YOUR OWN TAX ADVISOR.
Accessing the Online Services and Account Security
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures or to access restricted portions of the Online Services, you must treat such information as confidential, and you must 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 Online Services or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. 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. Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. You acknowledge and agree that Company shall own your username, password and may reset and change them at any time.
Additionally, by using the Online Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Online Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
You are responsible for paying for all services and donations requested or provided or pledged through the Online Services. All payments are non-refundable. You agree that Company and/or its third-party payment processors, as applicable, may immediately authorize your credit card, debit card (or other approved payment method) for payment for any order or services or request made by You or using your account, User ID or login.
If you have any questions about a particular transaction, please contact us and/or the particular charity. Company may have limited information about the transaction and may only refer you to contact the Charity. By using the Online Services, you understand and agree that Company cannot and will not process any refund without approval from the applicable vendor or charity, and that any series charges related to a particular order or request may not be refundable.
If you purchase any services from our vendors and charities, donate or participate in any auctions, you agree to pay us the applicable fees and taxes and agree to any additional terms specific to the purchased or provided goods and services. For donations, auctions, event tickets, and private bridges, Sqwirrel LLC will collect a fee, which typically includes a fixed minimum fee, and a percentage fee based on the total transaction amount. For auctions, event tickets and private bridges only an additional platform fee may be assessed and collected. All fees stated in any fee schedule are subject to change. Failure to pay these fees will result in the termination of such services. You also agree that your purchase may be subject to differences in prices based on location, that we or our payment processors may store and continue billing your payment method even after it has expired to avoid interruptions in your services and to use to pay other services you may buy, that if you purchase subscriptions your payment method will automatically be charged at the start of each subscription period, including the fees and taxes (to avoid future charges, cancel before your renewal date of such subscription), that purchases are not refundable, unless specifically specified, and that we may calculate taxes payable by you based on the billing information that you provide us. You acknowledge that the Company charges a transaction fee in association with each payment made by you and you hereby consent to such the charge of such fee and agree to pay the same. Furthermore, for some auctions our fee may be charged as a buyer’s premium, common for many auctions. You agree upon placing a bid to pay all buyer premiums and other fees. The fees may be deducted from the funds provided to the Charity or may be charged to you in addition to the agreed upon transaction amount provided to the Charity.
Additionally, by participating in any auction or submitting donations through the Online Services, you acknowledge and agree for any and all such resulting donations, that (a) the ongoing maintenance and operation of donations and bidding procedures are the sole responsibility of, and subject to the sole discretion of, the individual or entity responsible for managing and receiving the payments for auctioned items (e.g., the applicable Charity), (b) payments for auctioned products may not be tax deductible (if at all), even if previous payments for the same item were, and the amount of each payment that is tax deductible may vary, (c) one or more specific payments may not be provided to or received by the applicable cause, charity or auction campaign if such cause, charity or Campaign becomes unavailable, unable to accept donations, or chooses to stop receiving donations, which may occur for various reasons, such as if the cause, charity or campaign charity becomes subject to an investigation or is suspended or removed from the Services by the Company (d) the amounts actually received by the applicable auction campaign, Charity or cause may differ from one donation or auction to the next (for example, if the transaction fees associated with the auction or Charity change), or (e) the value of the reported charitable donation by the Charity may be reduced by the value of the goods or services received..
Services and Deliveries by Vendors and Charities.
You understand and agree that bridging activities and other services may or may not be available by a particular vendor or charity or to every location by a particular vendor or charity, particularly as each charity or person providing the bridging services may be geographically unavailable to your location. Please confirm directly with a particular vendor or charity to see if services are available in your area. You understand and agree that Company is not an agent of charities and makes no warranty, express or implied warranty of any kind whatsoever with respect to any services provided by any vendor or charity and disclaims any such warranties that might otherwise exist.
The Company is not responsible for any liability that arises from the use of the Online Services or during in-person meetings arising out of the use of the Online Services. You take full responsibility for taking safety precautions in the event of an in-person meeting with a vendor, customer or other user. Though the Company strives to encourage a respectful user experience through features like social media communications, it is not responsible for the conduct of any user on or off of the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow the following Safety Tips prior to using the Service:
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT – AND YOU AGREE THAT THE COMPANY IS NOT OBLIGATED TO BUT AT ITS SOLE DISCRETION MAY CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
Intellectual Property Rights
The Online Services and its entire 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 the Company, 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.
You must not:
You must not access or use for any commercial purposes any part of the Online Services or any services or materials available through the Online Services.
If you wish to make any use of material on the Online Services other than that set out in this section, please address your request to: email@example.com.
Additionally, you agree not to:
The Online Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and related information, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Online Services. Except for any information provided during creating an account or under any other Agreement, including any End User License Agreement or Master Services Agreement, any User Contribution you post to the Online Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Online Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
Unless otherwise agreed in an End User License Agreement or Master Services Agreement, we are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Online Services.
Monitoring and Enforcement; Termination
We have the right to:
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 Online Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Online 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.
These content standards apply to any and all User Contributions and use of 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:
Reliance on Information Posted
Changes to the Online Services
Information about You and Your Visits to the Online Services
Other Terms and Conditions
Your use of the Online Services may be subject to third party terms and conditions and privacy policies, such as charities with whom we provide bridging services, as well as our vendors including our payment processors.
Linking to the Online Services and Social Media Features
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. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Online Services
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Online Services will be free of viruses or other destructive code. 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 Online Services for any reconstruction of any lost data. YOU USE THE ONLINE SERVICES AT YOUR OWN RISK. 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 ONLINE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY ONLINE SERVICES LINKED TO IT.
YOUR USE OF THE ONLINE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES IS AT YOUR OWN RISK. THE ONLINE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE ONLINE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE ONLINE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR ONLINE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE ONLINE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE ONLINE SERVICES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH THE ONLINE SERVICES OR ANY CONTENT IS TO STOP USING THE ONLINE SERVICES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. YOU AGREE THAT YOUR USE OF OR RELIANCE UPON ANY INFORMATION OBTAINED THROUGH THE ONLINE SERVICES IS AT YOUR OWN DISCRETION AND RISK.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR 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 ONLINE SERVICES, ANY ONLINE SERVICES LINKED TO IT, ANY CONTENT ON THE ONLINE SERVICES OR SUCH OTHER ONLINE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES OR SUCH OTHER ONLINE SERVICES, 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.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law, Jurisdiction and Arbitration
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS OR THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT. The Federal Arbitration Act (“FAA”) and federal arbitration law apply to these Terms.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
If you intend to seek arbitration you must first send written notice to the Company’s Customer Service Center of your intent to arbitrate (“Notice”). The Notice to the Company should be sent by any of the following means: (I) electronic mail to [firstname.lastname@example.org] or (ii) U.S. Postal Service certified mail to iConnectX, 300 Enterprise Court, Bloomfield Hills, MI 48302, Attention: iConnectX Admin]. The Notice must: (x) describe the nature and basis of the claim or dispute; (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or the Company may commence an arbitration proceeding.
The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the American Arbitration Association (“AAA”) under its AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes, as modified by these Terms. The AAA’s rules are available at ADR.org or by calling 1-800-778-7879. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by these Terms. The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, based solely on written submissions or in person in the State of Michigan or at a mutually agreed location. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. No claim or action arising from or concerning the Services or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable.
WE EACH AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and we each agree to the exclusive jurisdiction and the exercise of personal jurisdiction of the state or federal court located in the State of Michigan for the purpose of litigating all claims or disputes, and waive any objection as to inconvenient forum. We also both agree that the Company may bring suit in court of competent jurisdiction for injunctive relief to enjoin infringement or other misuse of intellectual property rights. Any disputes that may arise from auction purchases and sales on Online Services shall be governed by the laws of the State of Michigan.
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
The Online Services is operated by Sqwirrel LLC.
All notices of copyright infringement claims should be sent to the copyright agent designated below in the manner and by the means set forth therein. Company respects the intellectual property of others and expects its users to do the same. If you believe, in good faith, that any materials on the Online Services infringe upon your copyrights, please send the following information to Company’s Copyright Agent by mail, email, or fax to: Copyright Agent, Email: DMCA@iconnectx.com.
All feedback, comments, requests for technical support and other communications relating to the Online Services should be directed to: email@example.com.
iConnectXTM , Powered By Sqwirrel LLC.