Terms and Conditions
Last Updated: January 22, 2025
1. ACCEPTANCE OF TERMS
By accessing or using AmericansDonor.org ("Company," "we," "us," or "our"), you agree to be bound by these Terms and Conditions ("Terms"). Please read these Terms carefully before using our services. Acceptance is indicated by clicking "I agree" or through continued use of our services.
2. DEFINITIONS
- "Services": The grant processing platform, including the facilitation of campaigns and issuance of grants to organizations, individuals, and nonprofits.
- "Grant Recipient": Any entity, individual, or nonprofit organization approved to receive funds through the platform.
- "Campaign": Any fundraising initiative conducted through the platform.
- "Processing Fees": Fees deducted by the Company for facilitating the campaign and issuing grants.
- "Revenue Share": The agreed portion of funds retained by the Company as part of its operational model.
3. SERVICE DESCRIPTION
3.1 Grant Processing Services
- The Company provides a platform to facilitate the collection of funds for campaigns.
- Processing Fees and Revenue Shares are deducted from total funds collected prior to issuing grants.
- The platform functions as a processing organization for nonprofit and for-profit entities.
3.2 Campaign Management
- Campaigns are initiated by approved entities or individuals.
- Funds collected for campaigns are distributed to Grant Recipients on a weekly basis.
- 20% of funds collected for each campaign are held for a 30-day period to address potential returns, refunds, and/or legal.
4. PAYMENT TERMS
4.1 Processing Fees and Revenue Share
- Processing Fees and Revenue Shares are deducted from total funds collected before grant disbursement.
- The applicable fee structure is outlined in the platform documentation and agreed upon during campaign setup in the Grant Agreement.
4.2 Payout Schedule
- Grants are paid out weekly to Grant Recipients.
- The Company retains 20% of funds for each campaign for a 30-day period to cover potential returns, refunds, or disputes and legal. These funds are released after the holding period unless claims or issues arise.
5. DATA USAGE AND DISCLAIMERS
5.1 Data Accuracy
- The Company makes a best effort to maintain accurate data related to campaigns and grant distributions.
- NO WARRANTY OR GUARANTEE OF ACCURACY IS PROVIDED.
- Users acknowledge inherent limitations in data collection and processing.
5.2 Prohibited Uses
- No fraudulent use of the platform to solicit funds.
- No circumvention of the platform’s security measures. - No use for illegal or prohibited purposes.
5.3 Opt-In for Text Messages
- By providing your mobile number, you are consenting to receive calls and texts, including autodialed and automated calls and texts, from Americans Direct, LLC and Partners. We are happy to help at text@americansdirect.net. Reply HELP for help, STOP to end. Message frequency may vary. Message and data rates may apply.
6. GRANT RECIPIENT OBLIGATIONS
- Grant Recipients must provide accurate and complete information during registration.
- Use of grant funds must comply with applicable laws and the stated purpose of the campaign.
- Recipients must address disputes or refund requests in good faith and in cooperation with the Company.
7. INTELLECTUAL PROPERTY
7.1 Ownership
- All data, software, and platform content remain the property of the Company.
- Limited licenses are granted to users for specific purposes defined by the platform’s terms.
7.2 Restrictions
- No unauthorized copying, distribution, or creation of derivative works. - No removal of proprietary notices.
8. LIMITATION OF LIABILITY
8.1 Disclaimer of Warranties
- SERVICES ARE PROVIDED "AS IS."
- NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. - NO GUARANTEE OF UNINTERRUPTED OR ERROR-FREE SERVICE.
8.2 Limitation of Damages
- LIABILITY IS LIMITED TO FEES PAID TO THE COMPANY.
- NO CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES WILL BE PAID.
9. INDEMNIFICATION
Users agree to indemnify and hold harmless the Company from: - Claims arising from use of the platform.
- Violations of these Terms.
- Third-party claims related to campaigns or grants.
- Regulatory violations or misuse of funds.
10. DISPUTE RESOLUTION
10.1 Mandatory Arbitration
- All disputes are subject to binding arbitration.
- Arbitration will be conducted in Delaware, with an option for online arbitration for remote users.
- Each party bears its own costs unless otherwise required by law.
10.2 Dispute Management
- Disputes involving refunds or complaints will be mediated by the Company during the 30- day holding period.
- Grant Recipients and Campaign Organizers must cooperate fully in dispute resolution.
11. FORCE MAJEURE
The Company is not liable for service interruptions due to:
- Natural disasters
- War or terrorism
- Government actions
- Events beyond reasonable control
12. PRIVACY
- Use of the platform is subject to the Privacy Policy.
- The Privacy Policy is incorporated by reference into these Terms.
- The Company complies with applicable data protection laws, including GDPR and CCPA where applicable.
13. MODIFICATION OF TERMS
- The Company reserves the right to modify these Terms.
- Changes are effective upon posting.
- Users will be notified of significant changes via email or platform notifications. - Continued use constitutes acceptance of modified Terms.
14. GOVERNING LAW
- These Terms are governed by the laws of Delaware.
- Exclusive jurisdiction for disputes is in Delaware courts.
15. SEVERABILITY
- If any provision is found to be invalid, the remaining provisions remain in full effect.
- Invalid provisions will be modified to the extent permitted by law to reflect the original intent.
16. ENTIRE AGREEMENT
- These Terms constitute the entire agreement between users and the Company. - They supersede any prior agreements or communications.
Contact Information
For questions or concerns, please contact: support@americansdonor.org Americans Donor Foundation, LLC