Last Revised: July 2015
Catapultian Foundation is a platform to raise funds from the members of the public (“Donors”) for us to use to make grants to charitable organizations (“Charities”).
By making a donation on the Site (“Donation”), you are making a donation to Catapultian Foundation. Catapultian Foundation is a 501(c)(3) charitable organization.
Your donations 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 donations to Charities recommended by donors. You will have an account that tracks the donations you make to us and the donations we make to Charities. By making a donation to us and selecting a Charity through the Site, you are recommending that we make a donation of that amount (less our fee) to that Charity through our Donor Advised Fund, and we welcome your recommendation. Under federal tax law, we have the ultimate responsibility and authority to determine whether a Charity qualifies to receive a donation, and we make the ultimate selection of qualified Charities and the amount and manner of donations to the Charities.
We do not list any Charity our Site until we have determined that the Charity qualifies to receive charitable contributions.
As a 501(c)(3) charitable organization, we will give you a receipt for your donation which you can use for charitable deduction purposes if you otherwise qualify for a charitable contribution deduction. Please consult your own tax advisor for further information on the requirements for deducting charitable contributions.
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. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with Charities on the Site. 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.
Your Donation is an unrestricted donation to Catapultian Foundation and not to a Charity, even if we make a donation of that amount to a Charity recommended by you through your use of our Site. Any donation we make to a Charity is a donation exclusively by Catapultian Foundation and is not made on your behalf or in your name. You do not have (and you waive) any claim against each Charity that may receive a donation from Catapultian Foundation whether or not as a result of your recommendation of that Charity through this Site.
Joining Catapultian Foundation is free. However, we charge a small fee for each Donation received. We set that fee from time to time. You will have an opportunity to review and accept the fee that you will be charged. Changes to fees are effective after we provide you with notice by posting the changes on the Site.
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”) concerning Charities and their charitable activities. 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.
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, Charities, and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.
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.