Terms and Conditions
Terms and Conditions Agreement between User and MissionMinder
The term “User” or “User Account” as referred to in these Terms and Conditions includes all (a) Owner Accounts (b) Administrator Accounts, (c) Member Accounts, (d) Guest Accounts and (e) Donor. The term “Service” refers to the website and services offered by MissionMinder. This Terms and Conditions Agreement is a legally binding contract between each User and MissionMinder regarding Users’ access to and use of this Service. By accessing this Service or by registering an account the User agrees to the terms and conditions as outlined in this legal notice. These Terms and Conditions may be modified or terminated by MissionMinder without prior notice at any time for any reason. Any such modification or termination will be effective immediately following the posting or removal of such terms of conditions from this website. The User agrees to review these Terms and Conditions from time to time and agree that any subsequent use by the User of this website following changes or termination to any or the terms or conditions shall constitute your acceptance of all such changes or termination.
You must be 13 years or older to use this Service.
Limitation of Liability:
MissionMinder shall not be liable for any direct, special or consequential damages that result from the use of, or the inability to use, this Service, even if MissionMinder has been advised of the possibility of such damages. Users agree not to involve MissionMinder in any litigation that occurs due to using the website.
The User agrees to indemnify, defend, and hold harmless MissionMinder, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms and Conditions or any activity related to the User’s account (including negligent or wrongful conduct) by the User or any other person accessing the website using the User’s account.
Modification or Suspension of Service:
Each User understands and agrees that MissionMinder reserves the right to modify, suspend, or discontinue any part or all of the Service at anytime without notice, and that MissionMinder will not be liable to any User, person or third party for doing so.
Right to Remove User Accounts:
MissionMinder reserves the right to deactivate, block or delete any User Account and associated content for any reason at any time without notice.
User Created Content:
MissionMinder is not responsible for any content uploaded by its users and does not endorse any user-defined information. Users are responsible for all content posted and activity that occurs under their account. MissionMinder disclaims any warranty and is not responsible regarding the timeliness and accuracy of any User content. Users may not create or upload any vulgar, threatening, abusive, libelous, defamatory, obscene, pornographic, destructive, malicious, or otherwise unlawful content of any kind. Users may not defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity. Users may not post, transmit, link to, or otherwise distribute any information or software which contains a virus, trojan horse, worm or other harmful or disruptive components. Users may not upload any information that would be in violation of local, provincial, national, or international law, including copyright laws. MissionMinder does not screen user information, content or activity, including but not limited to user profiles, images, files or comments, prior to inclusion into the service. Users understand they access the service at their own risk and that they or their equipment may be exposed to or harmed by objectionable content or files that may have been posted to the service. MissionMinder may, but is under no obligation to, remove or block any content or account that we determine in our sole discretion to be objectionable or disruptive or in violation of the terms of this agreement
User Account Responsibilities:
Users agree to be responsible for maintaining the confidentiality of any passwords or other account identifiers chosen by the User or are assigned as a result of any registration, and agrees to be responsible for activities that occur under such password or account. Users agree to notify MissionMinder of any unauthorized use of their password or account. MissionMinder shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, users’ failure to comply with this section.
No Guarantee of Service:
We are not liable for any failure, disruption, cessation or closure of our Service or of any associated third party that prevents access to our Service temporarily or permanently.
MissionMinder does not guarantee the service to be error-free or that the service will meet User requirements or that the service will be uninterrupted.
Transmission of Information:
MissionMinder is not liable for any loss or damage Users may experience or costs Users may incur as a result of any electronic transmissions with MissionMinder or through its Service, including the exchange of email with MissionMinder.
Storage of Information:
MissionMinder is not liable for any loss or damage Users may experience or costs Users may incur as a result of the presence, loss, or alteration of any data or information stored on the Service.
Unintentional or Unauthorized Release of Information:
MissionMinder is not liable to any User in the event that User information is unintentionally released by MissionMinder or accessed by third parties without MissionMinder’s authorization or consent.
Use of Collected Information:
Any User with access to Donor, and Guests personal information, including emails, collected through the system shall not disclose, rent, or sell any such information to any third party, and agrees that they will use such information obtained using the Service for project related purposes only. MissionMinder will not be responsible or liable, directly or indirectly, for any damage or loss caused by the use of User personal information by any other User.
Disclosure of User Information:
MissionMinder may disclose User records or information as necessary to (a) comply with a request for assistance from any User, (b) comply with legal process, or (c) address claims from third parties that any content violates their rights.
Responsibility Regarding Donations:
MissionMinder does not review or verify the value or legitimacy of any organizations, individuals or other entities that solicit or accept donations through the Service. Donors and Users should perform their own research and study before donating to, or raising funds on behalf of, any entity. MissionMinder asks any User who discovers a problem or potential problem with regards to this matter to contact MissionMinder at email@example.com or contact us through the MissionMinder website. MissionMinder is under no obligation to take any action in such cases.
Public Access to Online Donation Pages:
As a MissionMinder user, the personal online fundraising page you create will be publicly available on the Internet, for all to see, including Internet search engines. There are no hidden or private donation pages. As a donor, you have the option to publicly display your donation or hide your donation from other visitors and search engines by selecting the ‘Make My Gift Anonymous’ checkbox during your donation process, with the understanding that although details regarding anonymous gifts will be hidden publically, system Users may still access all donation details, including donor name, email and amount, via internal system reports.
Solicitation and Use of Donations:
User agrees not to use MissionMinder to manage projects or raise donations for any organization or event involved in offensive, illegal or harmful activities. Doing so will result in removal of your project(s) and immediate termination of your account. MissionMinder reserves the right to refuse service to any User or project it deems to be in poor taste. As a condition of using our service, you represent to us that: (a) The funds you obtain through the Service will be used solely for the purposes stated in the information and materials you post on the Service, including the costs of project management, overhead, fundraising and fees applicable under this Agreement. (b) You will comply with all relevant local, state, and federal laws applicable to you when you solicit funds, particularly but not limited to the laws relating to your marketing and solicitation for your project.
Records of Donations:
MissionMinder does not warranty the accuracy of donation amounts, donation details or donor records made through the Service. Users should maintain independent records of all donations made through the Service. Users assume all responsibility for any errors or adverse consequences that arise from relying upon Service records or reports for deductions, receipts or tax purposes.
No Guarantee of Fundraising Success:
MissionMinder does not guarantee any level of success in terms of fundraising or donations.
MissionMinder processes payment transactions through 3rd-party payment solution provider WePay. MissionMinder is not a banking entity and does not handle any donor funds or transactions. All funds are handled directly through WePay and deposited into User’s WePay account. Users will not hold MissionMinder liable or responsible for any funds or tax obligations regarding funds paid to WePay. MissionMinder is not responsible for any failures on the part of our third party payment processors. MissionMinder is not the same company as WePay. All Users understand and agree that WePay may adjust their transaction fees at any point and such changes are beyond the control of MissionMinder. All fees are deducted from each incoming online donation automatically. Neither you, your team members, nor your donors are ever billed anything. In order to provide our service for free to churches, non-profit organizations, and missionaries, MissionMinder automatically deducts 4% from each online donation. There are no fees for offline donations (i.e., donations given via check or cash). Our payment-processing partner, WePay, currently charges an additional 2.9% plus $0.30 per transaction card processing fees. (This amounts to $3.41 total fees for an average $45.00 online donation.)
Responsibilities Regarding Donations:
We are not responsible for any solicitations or requests for funding or donations that may turn out to be fraudulent, irresponsible, or otherwise advertised in bad faith.
Although donors may receive a receipt from MissionMinder or separately, MissionMinder makes no guarantee as to whether any donation using MissionMinder personal fundraising pages are deductible for tax purposes. Typically, donations made via MissionMinder personal fundraising pages are considered as gifts to individuals, and are not tax-deductible. Always consult a qualified tax lawyer, accountant, or professional before determining whether, or to what extent, a particular payment may be tax deductible.
Third Party Links and Websites:
The Service may permit a User to post links to other websites or resources on the Internet. When any User accesses any third party link or website, they do so at their own risk. MissionMinder will not be responsible for any damage, loss or offense incurred by doing so. The inclusion of any such link does not imply endorsement by MissionMinder.
MissionMinder may subcontract all or any portion of its Service, including but not limited to storage, networking, hardware, programming, tech support, maintenance and software. MissionMinder is authorized to disclose any information as is reasonably necessary to perform its duties through any subcontractors.
MissionMinder does not provide customer phone support, but will provide limited customer support through email or online through our website.
User acknowledges that MissionMinder may use User’s brand, logo or organization name in conjunction with promotional activities and tools and used by MissionMinder.
User Suggestions or Information:
You grant MissionMinder permission to use, develop, reproduce, display, perform, modify, transmit, and distribute for any User-generated suggestion, idea, or concept without any compensation.
Choice of Law and Venue:
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Tennessee, excluding its conflicts of laws rules, and the United States of America. Any lawsuit or other action to resolve any dispute arising in connection with or on account of any breach or alleged breach of this Agreement shall be brought in a state or federal count in the State of Tennessee having jurisdiction and venue over the action. For this purpose, each User waives any objection or defense based on lack of personal jurisdiction.
Failure to Enforce:
The failure of MissionMinder to enforce any provision of these Terms and Conditions does not constitute a waiver of such right or provision.
To report any violation of these terms and conditions, please contact firstname.lastname@example.org
This service is copyright ©2014 MissionMinder. All rights reserved.