Last Revised: December 2015
Catapultian Foundation is a platform to raise funds from the members of the public (“Donors”) for Catapultian Foundation. Donations raised by Catapultian Foundation under this Agreement are used by us to make grants (“Grants”) to qualified charitable organizations (“Charities”) under Section 501(c)(3) of the Internal Revenue Code of 1986, or any successor statute (the “Code”). This Agreement is your application for Grants from Catapultian Foundation.
By entering into this Agreement, you are applying to receive Grants from us and you are stating that the representations below are true today and will be true at all times during this Agreement:
You agree to provide such documents and other information as we request about you. If during this Agreement, we determine that you have ceased to qualify to receive Grants, we may terminate this Agreement. In that event, we will retain any Donations we received from Donors who recommended you and we may use those Donations in our discretion to make grants to other qualified Charities.
You will not be listed on our Site until we have determined that you qualify to receive charitable contributions.
By identifying you, we are not making a solicitation on your behalf or to you, nor are you deemed or permitted to be making a solicitation through the Site for you. We are making solicitations for unrestricted donations to Catapultian Foundation (“Donations”) and are inviting Donors to recommend that we make grants to Charities identified on our Site, except where such solicitations are not permitted by law. As a 501(c)(3) charitable organization, Catapultian Foundation will give Donors a receipt for their Donations to us.
Donations received by us will be put into our Donor Advised Fund, which is an account we maintain to collect donations from Donors and from which we in turn make Grants to Charities. Under federal tax law applicable to Donor Advised Funds, Donor recommendations are not binding on us, but we welcome such recommendations and will seek to honor them. Under federal tax law, we have the ultimate responsibility and authority to determine whether a Charity qualifies to receive a Grant from us, and we make the ultimate selection of qualified Charities and the amount and manner of Grants to them.
Subject to the terms and conditions of this Agreement, we will make Grants to you from time to time and in such amount as we determine pursuant to this Agreement and, subject to our obligations under federal tax law, will endeavor to make Grants to you from Donations to us by Donors who recommend that we make Grants to you. You acknowledge that we are not committing to make Grants of any specific minimum or other amount to you.
If no Donor recommends we make Grants to you, we need not make any Grant to you, but in our discretion we may nonetheless make a Grant to you from other available funds. In addition, we may also make Grants to you, in our discretion, in excess of the amount of Donations from Donors who recommend you.
The Grants we make to you may be used only for your charitable purposes as you have represented them to us and as we have approved pursuant to this Agreement. Any Grant made by us to you for your charitable purposes is an unrestricted grant but still must be used by you only for your charitable purposes.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Catapultian Foundation in its sole discretion) an unreasonable or disproportionately large load on Catapultian Foundation’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Catapultian Foundation may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
Catapultian Foundation is not liable for any damages or loss incurred related to rewards or any other use of the Service. Catapultian Foundation is under no obligation to become involved in disputes between any Charities, Donors, or other visitors to or users of this Site (collectively, “Users”), or between any Users and any third party arising in connection with the use of the Service. You release Catapultian Foundation, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.
You have no contractual or other relationship or duty with or to any Donor. You do not have (and you waive) any claim against each Donor who may recommend that we make a Grant to you.
Joining Catapultian Foundation is free. If we make Grants to you, we do not charge a fee to cover the costs of processing and our services.
Funds pledged by Donors are collected by Stripe, an unrelated third party processor. Catapultian Foundation is not responsible for the performance of Stripe.
The Service may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under Catapultian Foundation’s control, and you acknowledge that Catapultian Foundation is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with Catapultian Foundation. You further acknowledge and agree that Catapultian Foundation shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
Through the Site, email, websites, and other media, the Service makes accessible various content, including but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Charities and other visitors to and users of the Service (collectively, “Users”) may have the ability to contribute, add, create, upload, submit distribute, facilitate the distribution of, collect, post, or otherwise make accessible (“Submit Content”). “User Submissions” means any Content Submitted by Users.
You represent that you have sufficient ownership rights or permissions for all Content you submit to our Site. Catapultian Foundation makes no representations about, and is not liable for, any Content submitted by anyone else to the Site.
You agree that the Service contains Content provided by Catapultian Foundation or other persons (“Other Content”) and that such Other Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. Catapultian Foundation grants to each User of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce Other Content, solely for charitable, non-commercial use. Use, reproduction, modification, distribution, or storage of Other Content for other than personal, non-commercial use is prohibited without prior written permission from Catapultian Foundation, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Other Content for commercial use or in any way that violates any third-party right. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Other Content you access through the Service. Catapultian Foundation may rescind or limit the foregoing license at any time and without compensation.
Catapultian Foundation reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any features, database, or Content) at any time for any reason. Catapultian Foundation may impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
Catapultian Foundation has no special relationship with or fiduciary duty to you. You acknowledge that:
In no event shall Catapultian Foundation, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one hundred U.S. dollars ($100.00). Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
By using the Services, you consent to receive from Catapultian Foundation all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, “Contract Notices”) electronically. Catapultian Foundation may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services.
These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of New York and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that Catapultian Foundation and its Services do not specifically target you in your jurisdiction and do not give rise to personal jurisdiction over Catapultian Foundation or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or members, either specific or general, in any jurisdiction other than the State of New York. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Kings County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.