Welcome to Give Donut, Inc. We’re excited you’re here, and we can’t wait to work with you to help you find and support amazing charities. If you’re reviewing these terms on behalf of a Recipient Charity (more on that below), we’re excited that you’re becoming part of our platform.
We refer to Give Donut, Inc. below as “Donut
” or “our
.” These Terms of Service and any Supplemental Terms (defined below) (collectively, the “Terms
”) govern our relationship with you and apply to your use of (i) the website located at https://donutsocial.com/
and any of Donut’s other websites on which a link to these Terms appear (collectively, the “Site
”); (ii) Donut’s mobile application (“App
”); and (iii) all the services we offer through the App and otherwise (collectively, with our Site and App, the “Services
”). Certain Services and certain aspects of your relationship with us may be subject to additional guidelines, terms or rules (“Supplemental Terms
”) which will be posted on our Site or the App, or will otherwise be referenced in these Terms of Service or made available to you. All such Supplemental Terms are incorporated by reference into these Terms, and if any part of these Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to the subject matter thereof.
: Please read these Terms carefully. The Terms govern the use of the Services and apply to all users visiting the Services. By accessing or using the Services in any way, including by completing the registration process, browsing the Site and/or downloading the App, you represent that (1) you have read, understand and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with Donut, and (3) you have the authority to enter into these Terms personally or on behalf of the entity you have named as the Registered User (defined below) and to bind that entity to these Terms, in which case, all references to “you” or “your” in these Terms will also be deemed to refer to such entity. If you do not agree to be bound by these Terms, you may not access or use the Services.
If you are entering into these Terms on behalf of a Charity (defined in Addendum 1), you are further subject to the Charity Terms in Addendum 1 to these Terms. Addendum 1 appears below these Terms and is incorporated into these Terms by this reference.
For purposes of Sections 15, 16, 17, 18, 20, 22 and 28 of these Terms, Donut Charitable Fund (described below) is a third party beneficiary and references to Donut shall be deemed to include Donut Charitable Fund.
ARBITRATION AGREEMENT: These terms contain an arbitration AGREEMENT (See Section below.) We’re letting you know about it up front because it’s important. The arbitration AGREEMENT means that with a few exceptions, you and Donut agree that disputes between us will be resolved by mandatory binding arbitration, and you and Donut waive any right to participate in a class-action lawsuit or class-wide arbitration. You have the right to opt out of arbitration, as explained in the arbitration clause. Unless you opt out of the agreement to arbitrate within 30 days, (1) you will only be permitted to pursue disputes or claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you waive your right to participate in a class action lawsuit or class-wide arbitration; and (2) you are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial.
- You are donating to Donut Charitable Fund, a Section 501(c)(3) public charity (“DCF”), and any receipts provided to you on the Donut App or through Donut are from DCF. Your donation is a tax-deductible contribution.
- We will collect donations for Charities listed on our App, including those Charities that have not yet provided consent, but have been vetted by Donut and DCF and appear as part of Donut’s Curated List. These donations will be sent to the Charity(ies) that you recommend in anywhere from two weeks to two months (in exceptional circumstances up to 180 days), with an extra effort to get out disaster relief payouts in three to seven business days. For more details on timing, see Paragraph 1(e) of our Terms of Service.
- We make every effort to send your donation to the Charity(ies) that you recommend. If we are unable to send them the donation, DCF will redirect the donation to a similar Charity and will notify you of this change, unless your original Charity appears on the Curated List. In that case, DCF will redirect the donation to a similar Charity without notice. If you would like to learn why a donation may not be sent, please see Paragraph 1(c) of our Terms of Service.
- We charge a 4% fee from your donation amount to cover operating costs. In addition, Stripe, our payment processor, charges 2.2% + 30¢ for non-AmEx transactions and 3.5% for AmEx transactions, with an additional 0.25% + 0.25 for Charities without a Stripe account.. Please see Paragraph 1(d) of our Terms of Service for more information on fees.
OK, let’s get started:
1. Processing Your Donations
a. Nonprofit Partners. Donut works with organizations that are tax-exempt under Section 501(c)(3) of the Internal Revenue Code (the “Code”) (“Nonprofit Partners”) that can accept tax-deductible donations and transmit the donations to the ultimate Recipient Charities. As of the Effective Date of these Terms, Donut works with Donut Charitable Fund, a U.S. tax-exempt public charity under Code Section 501(c)(3) (“DCF”). Donut may work with other Nonprofit Partners in order to efficiently process your donation. A change in Nonprofit Partners will not affect these Services. In the event Donut works with a new Nonprofit Partner, these Terms will be updated and the new Nonprofit Partner will be named herein. When you make a donation through Donut, you are recommending the Recipient Charity, including any Recipient Charity that appears on Donut’s Curated List, to DCF.
b. Donor Advised Fund or Fiscal Sponsorship: Our Nonprofit Partner offers two ways of helping donors support charitable causes. One is a special kind of charitable fund called a donor-advised fund. That means you donate to a fund at our Nonprofit Partner, which is Donut Charitable Fund as of the Effective Date of these Terms. Donations to DCF will qualify for a charitable tax deduction if you are a U.S. donor. DCF will then make a contribution to the Recipient Charity based on your recommendation. All contributions to a Charity on the Curated list will be through a donor-advised fund at DCF. The second way of supporting charitable causes is through fiscal sponsorship grants. In fiscal sponsorship grants, DCF partners with a Charity for a project and you may donate to a DCF fund to support a specific charitable project housed at another Charity that operates in the United States or a foreign country. In either case, DCF (or another Nonprofit Partner) grants the money in its fund to Charities in the U.S. and abroad based on advice provided by the donors. Under U.S. federal tax law, DCF will legally own a donation once it goes to one of its donor-advised funds or fiscal sponsorship funds, and DCF makes the final call on where to send that donation. When you make a donation through Donut, your money goes to a donor-advised fund or fiscal sponsorship fund at DCF. You are technically recommending the Recipient Charity to DCF, and DCF has sole discretion as to where the donation is sent. In most cases, your donation will go to the Charity you selected. Once a contribution has been made, DCF or other Nonprofit Partner exercises full authority to modify any restriction or condition on contributions, if, in the sole judgment of the Board of Directors of DCF or other Nonprofit Partner, such restriction or condition becomes unnecessary, incapable of fulfillment, or inconsistent with DCF’s or other Nonprofit Partner’s charitable purposes. In addition, no distribution from a DCF fund may be made for which you receive a more than incidental benefit and no grant shall be earmarked to be used in any attempt to influence legislation within the meaning of Section 4945(e) of the Code.
c. Alternative Recipient Charities: In certain circumstances DCF may be unable to send funds to the recommended Charity. For example, a Charity has lost its tax-exempt status, has been determined to be unable to complete the project it described to DCF, has ceased operations, has failed to meet the good standing requirements as provided for in the Recipient Charity’s application to Donut, has failed to comply with these Terms, has developed professional reputational issues, including financial or management risks, or has not responded to DCF’s communication efforts with regards to the contribution, or otherwise becomes ineligible to receive donations. DCF may then select an alternative Recipient Charity that is similar to the recommended charity, based on DCF’s sole discretion. For Recipient Charities that are registered with Donut, you will be notified of the donation failure through the App. If the Recipient Charity that you recommend is on Donut’s Curated List then this Charity has not yet provided consent to be on the Donut platform, and DCF will transfer your donation to another Recipient Charity with similar charitable purposes and activities, but you will not be notified of this change.
d. Fees: Similar to other social platforms that accept charitable donations, Donut and its partners charge fees to power their Services. Those fees come out of your donation before it goes to the Recipient Charity. We work to keep these fees low, and competitive with other platforms. As of the date of these Terms, the total fee is approximately 6% of the amount of each donation. The 6% is divided as follows:
Platform fee: 4%. (DCF receives your donation and pays 4% of your donation as a fee to Donut to allow Donut to help vet and enroll
nonprofits and provide other support to DCF and to operate the platform).
Payment processing fees: The payment processing fee charged by Stripe as the payment processor, which occurs at the time of donation, is 2.2% + $0.30 for non-AmEx transactions and 3.5% for AmEx transactions.
Adjustments for Charities that don’t have a Stripe Account. For Charities that do not have a Stripe account, Stripe will charge an additional fee of 0.25% + $0.25 on each withdrawal that DCF makes in order to wire your donation to such Recipient Charity.
e. Timing: When you make a donation, it will not reach the Recipient Charity immediately. Instead, to avoid the administrative burden of very frequent small donations, DCF (or another Nonprofit Partner) will bundle your donation with other donations that Donut users make to the same charity, and will send these donations as follows:
i. For Charities with Stripe accounts, donations will be sent every two weeks.
ii. Charities that do not have a Stripe account will receive donations collected during a calendar month not later than the 15th business day of the following month unless:
1. If the accumulated amount to the Charity is less than $500, then the payout will be postponed to the following calendar month after the Charity reaches
$500; if the amount stays below $500, we reserve the right to process the payment at our discretion, but not later than 180 days after receipt of the donation.
2. In rare cases, the payout may take up to 180 days.
iii. DCF will make every effort to transmit payouts intended for specific disaster relief in 3 to 7 business days.
f. Important Note Regarding Charities Listed on Platform. While Donut supports the causes espoused by Charities on the Donut platform, and vets materials and reporting affirmatively provided by those Charities, Donut does not endorse any Charity. Donut does not control any Recipient Charity, and accordingly, Donut cannot and does not make any warranties or promises that a Charity will use donated funds for the purposes the Charity describes, or regarding other actions of the Charity or of representatives of the Charity.
By using the Services and agreeing to these Terms, you agree (i) that any donation made by you will be made to a donor-advised fund or fiscal sponsorship fund at DCF, over which DCF has exclusive legal control, as described above; (ii) that you are aware of and accept the above fees as reasonable; and (iii) that the timing described above is reasonable and acceptable to you.
2. Using the Services
a. App License. Subject to your compliance with these Terms, Donut grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal or internal business purposes. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple Media Terms of Service, except that such App Store Sourced Application may be accessed, acquired, and used by other accounts associated with the purchaser via Apple’s Family Sharing function, volume purchasing, or Legacy Contacts function. Notwithstanding the first sentence in this section, with respect to any App accessed through or downloaded from the Google Play store, you may have additional license rights with respect to use of the App on a shared basis within your designated family group.
b. Updates. You understand that the Services are evolving. As a result, Donut may require you to accept updates to the Software or Apps that you have installed on your computer or mobile device. You acknowledge and agree that Donut may update the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services.
to learn how your information is handled.
4. Creating an Account
a. Registration. To access or use certain features of the Services, you must register for an account (“Account”) and provide information about yourself as prompted by the account registration flow. For purposes of these Terms, a “Registered User” is a user who has registered an Account on or through the Services. You represent and warrant that: (a) all registration information you submit is truthful and accurate; and (b) you will maintain and promptly update such information to keep it true, accurate, current and complete. You may delete your Account at any time, for any reason, by following the instructions on the App. If you provide any information that is untrue, inaccurate, not current or incomplete, or Donut has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Donut may suspend or terminate your Account at any time and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. If you do not register for an Account, but you appear on the Curated List, you may claim your Account at any time.
b. Representatives of Charities. If you are a Registered User on behalf of a Charity that has been granted access to the Donut platform, you represent and warrant that you have been provided access as an authorized representative/agent of such Charity and that you have authority to act on behalf of the Charity on Donut, including by, for example, amending the Charity’s profile on the App.
c. Eligibility. The Services are only available to users who can form legally binding contracts under applicable law. By accessing or using the Services, you represent and warrant that you are at least 18 years of age or over the age of majority in the state or country where you are a resident or citizen. No one under the age of 18 may create an Account on the App or use the Services. By using the Services, you represent, warrant, and agree that you can form a binding contract with Donut. You also agree that you are not a person who is barred from using the Services under the laws of the United States or any other applicable jurisdiction—including, for example, that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals. You further represent and warrant that you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations. You agree not to create an Account or use the Services if you have been previously removed by Donut, or if you have been previously banned from any of the Services.
d. Your Account. Notwithstanding anything to the contrary in these Terms, you acknowledge and agree that you have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Donut.
e. User Information & Credentials. When you create an Account with Donut, you will be asked to choose a username and password. You acknowledge and agree that you are exclusively responsible for the security and confidentiality of your login credentials and for all use of the Services that occurs in connection with your login credentials, with or without your knowledge. You are responsible for all activities that occur under your Account. You agree that you will monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors. You are responsible for any use of your credit card or other payment instrument (e.g., PayPal) by minors. You may not share your Account or password with anyone, and you agree to notify Donut immediately of any unauthorized use of your password or any other breach of security.
f. Necessary Equipment. You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the Services where the Services offer a mobile component. You are responsible for any mobile charges that you may incur for using our Services, including text-messaging (such as SMS, MMS, or future such protocols or technologies), mobile fees and data or internet connection charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
5. Responsibility for Content
a. Types of Content. You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Services (“Content”), including the Services, are the sole responsibility of the party from whom such Content originated. This means that you, and not Donut, are entirely responsible for all Content that you upload, post, transmit or otherwise make available through the Services (“Your Content”) and that you and other Registered Users of the Services, and not Donut, are similarly responsible for all Content that you and they make available through the Services (“User Content”).
b. Storage. Unless expressly agreed to by Donut in writing elsewhere, Donut has no obligation to store any of Your Content that you make available on the Services. Donut has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. You agree that Donut retains the right to create reasonable limits on Donut’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Site and as otherwise determined by Donut in its sole discretion.
6. Ownership and Access
a. The Services. Except with respect to Your Content and User Content, you acknowledge and agree that Donut owns the Services, including, but not limited to, all proprietary Content, information, material, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, and music, and all related intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any the Services. Donut grants you a worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Services subject to the terms and conditions of these Terms.
b. Trademarks. Donut’s stylized name in all its iterations (e.g.
) and all related graphics, logos, service marks and trade names used on
or in connection with any the Services or in connection with the Services are the trademarks of Donut and may not be used without permission in connection with your, or any third-party, products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.
c. Certain Restrictions. As a condition of use, you agree not to use the Services for any purpose that is prohibited by these Terms or by applicable law. You will not (and will not permit any third party) to:
- License, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services.
- Use Donut’s name, trademarks, service marks, trade names, designs, logos, photos, or any other materials we make available via the Services, except as allowed by these Terms.
- Remove or destroy any copyright notices or other proprietary markings contained on or in the Services or infringe Donut’s copyrights, trademarks, or other intellectual property rights.
- Copy, modify, translate, adapt, merge, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, make derivatives of, or otherwise use the Services or the Content on the Services, other than as expressly permitted by these Terms or enabled by the Services’ intended functionality, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
- Create more than one Account, create another Account if we have already disabled your Account, or solicit login credentials from other users.
- Reverse engineer, duplicate, decompile, disassemble, or decode the Services, or otherwise extract the source code of the software of the Service.
- Use any robot, spider, crawler, scraper, avatar, miner or other manual or automated means to access the Services, “scrape” or download data from any pages of the Site or extract other users’ information (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
- Use the Services in a way that could disrupt or inhibit other users from fully enjoying the Services, or that could disable or impair the functioning of the Services.
- Upload viruses or other malicious code or otherwise compromise, bypass, or circumvent the security of the Services.
- Violate any applicable law or regulation in connection with your access to or use of the Services.
7. Safety & Content Rules
We want Donut to be a positive experience for all users. You agree that you will not post, transmit, distribute, publish, use, or otherwise make available, through or in connection with the Services:
- Anything that is or may be (i) threatening, harassing, degrading, hateful or intimidating; (ii) defamatory; (iii) fraudulent or tortuous; (iv) obscene, indecent, pornographic, offensive, or otherwise objectionable.
- Any material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, or that is harmful to minors in any way.
- Any material that would give rise to criminal or civil liability; that encourages violence or other criminal conduct; or that encourages or provides instructional information about violent, offensive, or illegal activities.
- Any material that abuses, stalks, threatens or otherwise violates the legal, privacy, publicity, or other rights of others.
- Any material that impersonates any person or entity; falsely states or misrepresents your affiliation with any person or entity; or asserts or implies that Donut endorses any statement you make.
- Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” communication or solicitation designed or intended to obtain password, account, or private information from any Registered User, or any other form of solicitation.
- Any “lobbying” or “electioneering” materials within the meaning of the United States Internal Revenue Code of 1986, as amended.
In all cases, Donut will determine in our sole discretion whether User Content or any action of a user violates the above rules. If you fail to comply, we reserve the right to remove any offending Content, terminate or limit the visibility of your Account, and notify third parties—including law enforcement—and provide those third parties with information relating to your Account. This step may be necessary to protect the safety of our users, and others, to investigate, remedy, and enforce potential Terms violations, and to detect and resolve any fraud or security concerns.
8. Rights You Grant Us
a. Your Content. Donut does not claim ownership of Your Content. However, when you post or publish Your Content on or in the Service, you represent that you own and/or have a perpetual, irrevocable, worldwide, fully-paid, royalty-free right (including any moral rights) and sublicensable (through multiple tiers of sublicensees) license to use, copy, reproduce, modify, adapt, prepare derivative works from, translate, distribute, publicly perform, publicly display and derive revenue or other remuneration from Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
b. License to Your Content. If you use any aspects of the Services that are public — for example, a feature (if any) that allows all Donut users to see Your Content — then you grant Donut, other users of the Services, and our business partners all of the same rights in the previous paragraph, as well as an unrestricted, worldwide, royalty-free, irrevocable, and perpetual right and license to create derivative works from, promote, exhibit, broadcast, syndicate, reproduce, distribute, synchronize, overlay graphics and auditory effects on, publicly perform, and publicly display all or any portion of that Content in any form and in any and all media or distribution methods, now known or later developed. You grant Donut a worldwide, royalty-free, sublicensable, and transferable license to host, store, cache, use, display, reproduce, modify, adapt, edit, publish, analyze, transmit, and distribute Your Content. This license is for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. This license includes a right for us to make Your Content available to, and pass these rights along to, service providers with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services.
c. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Donut through its suggestion, feedback, forum, or similar pages (“Feedback”) is at your own risk and that Donut has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Donut a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Service and/or Donut’s business.
d. Donut’s Rights to Maintain the Services. While we’re not required to do so, we may access, review, screen, and delete Your Content at any time and for any reason, including to provide and develop the Services or if we think Your Content violates these Terms. You alone, though, remain responsible for the Content you create, upload, post, send, or store through the Service. Likewise, when another Registered User posts Content to the App, the Content is the sole responsibility of that Registered User. Donut reserves the right to review or remove any Content that appears on the Services, but we do not necessarily review all of it, and we do not guarantee that such Registered Users or User Content comply with these Terms.
9. Rights of Third Parties
Donut respects the rights of others and expects users to do the same. You may not use the Services, or enable anyone else to use the Services, in a manner that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right.It is Donut’s policy to take reasonable steps to remove from our Services any material infringes a third party’s copyrights. If we become aware that a Registered User has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the Registered User’s Account. If you believe that anything on the Services infringes a copyright that you own or control, please report it using the form accessible through this tool. Contact information for our designated agent is as follows: Copyright Agent, email@example.com
.If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must: (1) contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) identify the copyrighted work claimed to have been infringed; (3) identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material; (4) provide your contact information, including your address, telephone number, and an email address; (5) provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
a. Generally. By entering into these Terms or using the Services, you agree to receive communications from us, including via e-mail, text message, calls, and/or push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include, but are not limited to, the following: operational communications concerning your Account or the use of the Services, updates concerning new and existing features on the Services, communications concerning promotions run by us or our third-party partners, and news concerning Donut and industry developments.
Text Messages. If you opt into Donut’s mobile messages service (“Message Service
”), you opt into receiving SMS/MMS mobile messages from us. Regardless of the opt-in method you use to enroll, you agree that your use of the Message Service is governed by these Terms. We do not charge for the Message Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. By enrolling in the Message Service, you authorize us to send recurring SMS and MMS mobile messages to the telephone number you specify, and you represent that you are authorized to receive mobile messages at such number. The messages sent through the Message Service may include the communications described in Section 10(a). Message frequency varies. You may opt-out of receiving SMS/MMS messages at any time. When you opt-out, you agree we may send you an opt-out confirmation message. For Message Service support email us at firstname.lastname@example.org
. We may change any short code or telephone number we use to operate the Message Service at any time with notice to you. You acknowledge that any messages you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. We and the wireless carriers supported by the Message Service are not liable for any failed, delayed or undelivered messages. If you change your mobile phone number, you agree to opt-out of the Message Service first
11. Third-Party Services
b. Third-Party Information. The Services may contain links to third-party websites (“Third-Party Websites”) or applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left the Services and you become subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications are not under the control of Donut. Donut is not responsible for any Third-Party Websites or Third-Party Applications. Donut provides these links to Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or any product or service provided in connection therewith. You use all links in Third-Party Websites and Third-Party Applications at your own risk. When you leave our Site or App, these Terms and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
c. Accessing and Downloading the App from the Apple App Store. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
i. You acknowledge and agree that (i) these Terms are concluded between you and Donut only, and not Apple, and (ii) Donut, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
ii. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
iii. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Donut and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Donut.
iv. You and Donut acknowledge that, as between Donut and Apple, Apple is not responsible for addressing any claims you have or of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
v. You and Donut acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Donut and Apple, Donut, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
vi. You and Donut acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
vii. Without limiting any other terms in these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
12. Modifying the Services
Donut may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time for any reason, and when we do, we may not provide you with any notice beforehand.
13. Term and Termination
a. Term. These Terms commence on the earlier of the date you first used the Services or the date when you accepted these Terms, and these Terms will remain in full force and effect while you use the Services, unless terminated earlier in accordance with this Section.
b. Termination by Donut. If you have breached any provision of these Terms, if Donut is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), or if it is commercially impracticable for Donut to provide the Services, Donut has the right to, immediately and without notice, suspend or terminate any of the Services provided to you. You agree that all terminations for cause will be made in Donut’s sole discretion and that Donut will not be liable to you or any third party for any termination of your Account.
Termination by You. You, including Registered Users, may terminate the Services and delete your Account and the registered Charity’s account at any time in the App or by emailing us at email@example.com
. If you are an authorized representative of a Charity that appears on the Curated List and you would like your Charity to be removed, please contact us at firstname.lastname@example.org
, and we will remove you. For a Charity on the Curated List, to make sure you are an authorized representative requesting removal, we will need to get verification directly from the Charity. To facilitate this step, please provide us with the contact information for another authorized representative of the Charity, which contact information can be verified based on a current public record, together with the applicable public record (such as an annual filing with the Attorney General). We will promptly verify a request and, if confirmed, we will remove a Charity on the Curated List from the App within three business days after verification is completed.
d. Effect of Termination. Termination of the Services includes removal of access to your Account and barring of further use of the Services. Termination of all Services also includes deletion of your password and all related information or files associated with or inside your Account (or any part thereof). Upon termination of any of the Services, your right to use such Services will automatically terminate immediately. Donut will not have any liability whatsoever to you for any suspension or termination. All provisions of these Terms which by their nature should survive, will survive termination, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
14. Changes to Terms
These Terms are subject to occasional revision by Donut. When changes are made, Donut will make a new copy of the Terms of Service available on the Site and within the App. We will also update the date at the top of these Terms. If we make any substantial changes, and you have registered with us to create an Account, we will also send an e-mail to you at the last e-mail address you provided to us to notify you. Any changes to the Terms will be effective immediately for new Registered Users of the Services and will be effective thirty (30) days after posting notice of such changes on the Site for existing Registered Users, provided that any material changes will be effective for Registered Users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users. Donut may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU WILL STOP USING THE SERVICES. OTHERWISE, YOUR CONTINUED USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGE(S).
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Donut, our affiliates, directors, officers, stockholders, employees, licensors, and agents (“Donut Parties”) from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services, or any products or services provided by a third party in connection with the Services, even if recommended, made available, or approved by Donut; (b) your breach of these Terms, any rights of another party or any applicable law or regulation; or (c) your negligence or willful misconduct. Donut reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Donut in asserting any available defenses. This provision does not require you to indemnify any of the Donut Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services. You agree that the provisions in this section will survive any termination of your Account, the Terms and/or your access to the Services.
16. Disclaimer of Warranties and Conditions.
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. DONUT PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
b. DONUT MAKES NO REPRESENTATION OR WARRANTY THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE RELIABLE, TIMELY OR ACCURATE. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. DONUT MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF THE SERVICES.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DONUT OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
d. FROM TIME TO TIME, DONUT MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT DONUT’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
e. YOU ACKNOWLEDGE AND AGREE THAT DONUT IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD DONUT LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF ECONOMIC DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. DONUT MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
17. Limitation of Liability
a. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL DONUT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE, IN EACH CASE WHETHER OR NOT DONUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ANY COMMUNICATIONS OR INTERACTIONS WITH OTHER USERS OF THE SERVICE OR THIRD PARTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY WILL NOT APPLY TO LIABILITY OF DONUT FOR (i) DEATH OR PERSONAL INJURY CAUSED BY DONUT’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY DONUT’S FRAUD OR FRAUDULENT MISREPRESENTATION.
b. Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR THE GREATER OF (i) $100 USD, (ii) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM; or (iii) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY WILL NOT APPLY TO LIABILITY OF DONUT FOR (A) DEATH OR PERSONAL INJURY CAUSED BY DONUT’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY DONUT’S FRAUD OR FRAUDULENT MISREPRESENTATION.
c. Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
d. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DONUT AND YOU.
e. Third-Party Materials. As part of the Services, you may have access to materials hosted by another party. You understand and agree that it is impossible for Donut to monitor such materials and that your access of such materials is made at your own risk.
18. Arbitration Agreement
a. Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Donut agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Services or of the Site, any communications you receive, any products sold or distributed through the Site, the Services, or the Terms and prior versions of the Terms, including claims and disputes that arose between us before the effective date of these Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and Donut may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Donut may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms as well as claims that may arise after the termination of these Terms.
b. Informal Dispute Resolution. There might be instances when a Dispute arises between you and Donut. If that occurs, Donut is committed to working with you to reach a reasonable resolution. You and Donut agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Donut therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which will occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Donut that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to email@example.com
or regular mail to our offices located at 12411 W Fielding Cir, 3411, Playa Vista, CA, 90094. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.
The Informal Dispute Resolution Conference will be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement will prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines will be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
c. Waiver of Jury Trial. YOU AND Donut HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Donut are instead electing that all Disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
d. Waiver of Class and Other Non-Individualized Relief. YOU AND DONUT AGREE THAT, EXCEPT AS SPECIFIED IN SECTION , EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor will it, affect the terms and conditions under Section entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Donut agree that that particular claim or request for relief (and only that particular claim or request for relief) will be severed from the arbitration and may be litigated in the state or federal courts located in the State of California. All other Disputes will be arbitrated or litigated in small claims court. This subsection does not prevent you or Donut from participating in a class-wide settlement of claims.
e. Rules and Forum. The Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision in these Terms with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Donut agree that either party will have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%2
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the Account username (if applicable) as well as the email address associated with any applicable Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
If the party requesting arbitration is represented by counsel, the Request will also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
Unless you and Donut otherwise agree, or the Batch Arbitration process discussed in Section 18.i is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules.
You and Donut agree that all materials and documents exchanged during the arbitration proceedings will be kept confidential and will not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
f. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section is triggered, the AAA will appoint the arbitrator for each batch.
g. Authority of Arbitrator. The arbitrator will have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, will be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees will be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration will be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies will be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator will have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
h. Attorneys’ Fees and Costs. The parties will bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Donut need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action will have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
i. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Donut agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against Donut by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA will (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party will advise the AAA, and the AAA will appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees will be paid by Donut.
You and Donut agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
This Batch Arbitration provision will in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
j. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: [insert address], within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Donut Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
k. Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect. You further agree that any Dispute that you have with Donut as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
l. Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Donut makes any future material change to this Arbitration Agreement, it will notify you. Unless you reject the change within thirty (30) days of such change become effective by writing to Donut at [insert address], your continued use of the Site and/or Services, including the acceptance of products and services offered on the Site following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services or of the Site, any communications you receive, any products sold or distributed through the Site, the Services, or these Terms, the provisions of this Arbitration Agreement as of the date you first accepted the Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. Donut will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.
19. International Use
The Services can be accessed from countries around the world and may contain references to features and services that are not available in your country. These references do not imply that Donut intends to announce such features and services in your country. The Services are controlled and offered by Donut from its facilities in the United States of America. Donut makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
20. Exclusive Venue
To the extent that these Terms allow you or Donut to initiate litigation in a court, both you and Donut agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the Central District of California. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of California, County of Los Angeles. You and Donut consent to the personal jurisdiction of both courts.
21. Electronic Communications
The communications between you and Donut may take place via electronic means, whether you use the Services or send Donut e-mails, or whether Donut posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Donut in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Donut provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq.
22. Choice of Law
Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
23. Severability, Waiver
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
24. California Residents
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
25. Export Control
You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law. You acknowledge and agree that products, services or technology provided by Donut are subject to the export control laws and regulations of the United States. You will comply with these laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer Donut products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
All notices required or permitted under these Terms will be in writing, will reference these Terms, and will be deemed given: (i) when delivered personally; (ii) one (1) business day after deposit with a nationally recognized express courier, with written confirmation of receipt; (iii) three (3) business days after having been sent by registered or certified mail, return receipt requested, postage prepaid, or (iv) when sent by email, on the date the email was sent if sent during normal business hours of the receiving party, and on the next business day if sent after normal business hours of the receiving party. Where Donut requires that you provide an e-mail address, you are responsible for providing Donut with your most current e-mail address. In the event that the last e-mail address you provided to Donut is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, Donut’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Donut at the following email address: firstname.lastname@example.org
These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Donut’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
28. Force Majeure
Donut will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
29. Final Terms
These Terms make up the final, entire, and exclusive agreement between you and Donut with respect to the subject matter hereof and supersede any prior agreements and discussions with respect to such subject matter.
Donut welcomes comments, questions, concerns, or suggestions. Please contact us by visiting https://donutsocial.com/
. Donut is located in the United States at 12411 W Fielding Cir, 3411, Playa Vista, CA, 90094.
The terms provided in this Addendum 1 (“Addendum”) form a part of, and are incorporated into, the Terms to the extent that you are (or are entering into the Terms on behalf of) a charitable organization meeting the eligibility requirements set forth below (“Charity”) using Donut’s Services to receive donations from Donut Charitable Fund (“DCF”) (referred to throughout as a “Recipient Charity”). If you are a Recipient Charity that has not yet signed up on Donut, but has been vetted by Donut and DCF as a Charity eligible to receive donations through Donut’s Services, you will appear on the App with a disclosure notifying any Registered User that you are not yet signed up (the list of such Charities is referred to as the “Curated List”). By entering into these Terms, you acknowledge and agree that you, possessing authority to bind your Charity hereto, have reviewed and agree to be bound by this Addendum. All capitalized or defined terms that have not been defined in this Addendum shall have the meaning given to them in the Terms of Service. To the extent there is a conflict between the Terms and this Addendum, the Addendum will control with respect to the subject matter herein.
1. Additional Disclosures
You are not automatically entitled to receive funds when a user selects you as the intended Recipient Charity. Instead, DCF (or other Nonprofit Partner) must make its own determination that you are eligible under the law and their criteria. If your application has been approved, you may create an Account to make yourself viewable to donors on the App. Please note that once you create an Account you will be removed from the Curated List, if applicable. The continued use of your Account is subject to the Terms herein, and any other agreement you may have in place with Donut or DCF.
2. Receiving Disbursement Eligibility and Details
In order to receive disbursements via Donut and its partners, you will need to meet the following minimum requirements:
- You are recognized by the IRS as exempt from federal income tax under Code Section 501(c)(3), and have public charity status under Section 509(a)(1) or (2), and such recognition is not currently revoked; or
- You are an international nonprofit and DCF has determined based on your application that you are eligible to receive distributions from DCF; and
- You have provided sufficient information to DCF, Stripe, and any other relevant Donut partners, and have entered into any additional agreements they might require in order to make disbursements and will update such information as needed.
As noted in these Terms, all donations made via Donut technically are contributions to DCF, not to you. Therefore, you do not need to issue a receipt to any Donut User, nor does Donut need a receipt.
3. Additional Commitments
4. Posting and Transparency
A key portion of Donut’s mission is helping Donut users make smart, educated choices about where to give, and ensuring that they receive information after the fact about how their money is being spent. After all, dialogue with donors builds trust. To further that mission, you agree that:
5. Removal, Termination, and Disclaimer of Obligations
Donut reserves the right to remove mention of you from the App, including on the Curated List, and cease our relationship with you for any reason, including but not limited to: (i) lack of user donations, (ii) inactivity by you on the App, (iii) your failure to provide requested or required data and reporting, or (iv) your violation of legal requirements or other terms described in these Terms.
If we terminate or limit your right to use the App, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. And you are prohibited from receiving further donations through Donut, subject to applicable law. Even after your right to use the App is terminated or limited, these Terms will remain enforceable against you.
You understand and agree that Donut has no obligation to list your Charity on the App or to allow users to make donations to you. Further, you understand and agree that Donut is not working for you or soliciting donations on your behalf, and is not your agent; rather, Donut is operating a platform that helps users find recipient charities that conform to their charitable giving interests. Donut disclaims any responsibilities inconsistent with that description.
6. Working with Donut and Contacting Donut Users
To use the full suite of Donut’s Services, a member of your Charity must register for an Account on the App and provide information about themselves as prompted by the Account registration flow. When they do so, they will be asked to agree to Donut’s Terms of Service. Those Terms will govern that individual’s and your use of the App, and this Addendum additionally governs our relationship with you, the Charity.
As part of our relationship with you, Donut will educate you on how to use the App and will keep you updated on new features and communications modules. You agree to designate a point of contact at your Charity to work regularly with the Donut team, and to provide and update that person’s contact information.
As part of our commitment to user privacy, Donut will provide its users with tools to decide whether to share details of their donations with other users or with their designated recipient charities. If a user chooses not to share that information, Donut will not provide it, except as required by applicable law.
You agree that you have no right to obtain from Donut any contact information or other data about Donut users unless a user has specifically indicated that they want their information to be provided to a Recipient Charity. If we or a Donut user do provide you with contact information relating to a user, you agree to comply with all applicable laws in your use and retention of that information.
By agreeing to these Terms, you represent, warrant, and agree that the Charity can form a binding contract with Donut and that you have all sufficient rights and authority to enter into these Terms on behalf of the Charity. You also agree that neither the Charity nor any of its governing body members, officers, or employees is barred from working with Donut or using the Services under the laws of the United States or any other applicable jurisdiction—including, for example, that the Charity and such individuals do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals. And you agree that the Charity will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.