Terms and Conditions

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Member

MEMBER TERMS AND CONDITIONS OF USE

Giveplicity, LLC., a Delaware corporation, herein known as “Giveplicity”, operates the Giveplicity Program, herein known as “the Program”. The Giveplicity Network is made up of members, merchants, and community organizations who desire to participate. By registering and becoming a Member of The Giveplicity Network, you agree to the following terms and conditions:

1. The Giveplicity Program: The Giveplicity Program is a program in which Members register their debit and credit cards. When Members make a purchase at a participating Merchant in the Giveplicity Network, the Merchant agrees to give a percentage of the total transaction that will go to a community organization that the Member has designated through their Giveplicity account, less applicable processing and administrative fees. Members will have the ability to patronize Merchants in the Giveplicity Network in order to increase the amount of donations made by the Merchant and to organizations they care about.

2. Card Registration and Use: Members may only register debit cards and credit cards listed in their name, and may not register debit cards or credit cards not listed in their name. Pin authorized debit card transactions are not tracked by Giveplicity and therefore transactions made using a PIN authorized transaction will not be reported to Merchants and no donation will be made based on those purchases. Only transactions run as credit transactions will be tracked and donations made as a result.

3. Written Agreement: These terms and conditions serve as a written agreement between you, Giveplicity, LLC, Merchants and the community organizations participating in The Giveplicity Network. In addition, the selections made during the online enrollment process, and any subsequent changes you make through your online account, also serve as a written agreement.

4. Voluntary Participation: Participation in the Giveplicity Network and Giveplicity Program is voluntary and you are not required in any way by Giveplicity, LLC or any participating Merchant or organization to purchase any amount of goods or services through participation in The Giveplicity Network. Members of the Giveplicity Network, through the online enrollment process and subsequent changes made through the Member’s online account, will select a participating Giveplicity community organization to receive any donations made by participating Merchants through the Giveplicity program. Member affirms they are receiving nothing in exchange for participation in the Program nor has any community organization or Giveplicity, LLC required participation in the Program. Member may make changes at any time via their online account at giveplicity.com.

5. Merchant Donations: Merchants will pay the give percentage of the Member’s total purchases to a Member’s chosen organization by transferring the monies to Giveplicity, which will then distribute the funds to the organizations that Member’s have selected in their online account, minus processing and administration fees. If a Merchant fails to pay to give percentage to the Giveplicity Program based on the sales to participating Members as reported to Merchant by Giveplicity, those uncollected funds shall be treated as not designated for donation and you agree to hold harmless Giveplicity, LLC for any losses that may result from such a failure to pay by the Merchants.

6. Term: This Agreement shall remain in effect until A) you notify Giveplicity, LLC. through the “Delete Account” section of the website located at www.giveplicity.com, B) through written means of your wish to end your involvement in The Giveplicity Program, C) your death, or D) Giveplicity, LLC. chooses to end your involvement in The Program due to malicious use of The Program, zero purchases made at Giveplicity Merchants for three years or more, or other reason as deemed by Giveplicity, LLC.

7. Electronic Delivery: You agree to receive your monthly statements and notifications in your online account at www.giveplicity.com, on your phone app or via email to the email address on file.

8. Secure Information: You understand that personal information stored in your online account at Giveplicity.com, such as your credit card and debit card information, is meant to be secure. Giveplicity, LLC and its third party providers follow standards for protecting such information, and it is your responsibility to maintain a secure password and not share your login credentials with anyone. You can change your password, through the “My Account” section, at any time if you feel there is a security and access concern. You understand and agree that should anyone access your account, either as a result of your allowance or as a result of your failure to create a secure password or for any other reason, you are responsible for any losses, damages, or fraudulent activity occurring as a result of your stolen information. You agree to indemnify and hold harmless Giveplicity, LLC for any such losses.

9. Amounts Displayed: The amount(s) displayed on the Giveplicity mobile application and website representing the: merchant give, give resulting from a member’s purchases, and the donations the organization have received constitute the amount paid by the merchant (gross give) less processing and administrative fees. These displayed amounts may vary minimally from the actual amount received by the organization due to mathematical calculations that apply to the processing of the funds.

10. Cookies and Other Technologies: You authorize Giveplicity, LLC. to collect and store your IP address using cookies or similar technologies to confirm your acceptance of this Agreement.

11. Right to Remedy: Should either party in this Agreement have any dispute under this Agreement or about The Program, the disputing party shall bring the dispute to the attention of the other party, allowing that party a right to remedy the situation on an individual basis within one year of such notice being presented. All parties to this Agreement agree that they shall not be part of any class action lawsuit against the other party.

12. Your Conduct: You agree not to engage in any inappropriate activity in connection with your use of The Giveplicity Program, including but not limited to uploading, posting, e-mailing or otherwise sending or transmitting any material that contains viruses or any other harmful computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with The Giveplicity Program; interfering with the servers or networks connected to The Giveplicity Program or violating any of the procedures, policies or regulations of networks connected to The Giveplicity Program, and in connection with the use of The Giveplicity Program, the terms of which are incorporated herein; you agree not to engage in impersonating any other person; conducting yourself in a vulgar, offensive, harassing or objectionable manner; using The Giveplicity Program for any unlawful purpose; and/or reselling or exporting any associated software. You agree to comply with all applicable laws and regulations in connection with your use of The Giveplicity Program.

13. Privacy: When you designate a community organization to receive donations based on your purchases at a Giveplicity Merchant, your name, number of purchases, amount of purchases, and other information about your purchase may be made available to the organization(s) to which you are donating. In addition, when you choose to make a purchase with a registered credit card or debit card at a Giveplicity Merchant, your name, purchase amount, purchase date, zip code, your selected organization(s), and other information may be made available to the Merchant. On transactions that you make in the Program with a registered credit card or debit card at a participating Merchant, including those transactions made at health care providers, including but not limited to dentists, eye care providers, pharmacies, chiropractors, etc., you agree to allow the financial institutions to share the transaction details, including but not limited to your name, transaction amount, transaction date, and merchant name, and other information with Linkable Networks and Giveplicity, LLC’s third party affiliates in order to administer The Program. All other personal information that you submit or Giveplicity, LLC collects during your involvement in The Program is subject to the Privacy Policy of Giveplicity, LLC, the entirety or which can be found at Giveplicity.com.

14. Transaction Monitoring: By agreeing to participate in the Program, you authorize Giveplicity, LLC to collect and use your Enrolled Card information, and your other Program related information, including but not limited to information about your purchases, selected organizations, and card account activity, as follows:

A) by registering a payment card (e.g., debit card or credit card) in connection with transaction monitoring, you authorize Giveplicity, LLC to share your payment card information with the applicable payment network(s) so they know you are enrolled in the Program, in addition to Linkable Networks, which acts as our service provider in making available offers linked to your payment card. You authorize the applicable payment networks and Linkable Networks to monitor transactions on your registered cards to identify qualifying purchases in order to determine whether you have qualified for or earned an offer linked to your payment card, and for the applicable payment networks to share such transaction details with Linkable Networks and Giveplicity to enable my offers. For additional information regarding Linkable Networks privacy practices, please see https://www.mylinkables.com/privacypolicy/partners. You may opt out of transaction monitoring on specific cards you have registered by going to the www.giveplicity.com or your Giveplicity mobile phone application and clicking on “My Account”, then “My Registered Credit Cards” and delete your registered card(s). You may also delete your Giveplicity account through the “My Account” section.

B) To share your Enrolled Card information and other Program Information with the Program’s Payment Processor, currently Linkable Networks, and to enable Payment Processor to monitor your transactions, collect and provide to Giveplicity, LLC. details about your transactions that are related to your Program purchases including date, time, Merchant name and ID, last four digits of the Enrolled Card, and the amount of the transaction, and to confirm a purchase or return to match transactions to confirm or determine account status.

C) To use information collected from your participation in the Program, including information regarding your Enrolled Card transactions, to provide you with additional information and offers made by Giveplicity, LLC according to your communication preferences as indicated by your selections on Giveplicity’s website.

D) To share your Program Information with other companies or individuals to perform functions on our behalf, including but not limited to analyzing data, providing marketing assistance or other business functions.

E) To use and share your Program Information to administer the Programs, including but not limited to i) identifying fraud or other potential misuse of the Program, ii) in order to respond to a request from a government authority, and iii) to assist with customer support requests.

15. Payment Network Authorization: In order to administer The Program, you agree to the monitoring, collection, use, and storage of transaction data associated with your Enrolled Card by Giveplicity, LLC and its third party affiliates, including Linkable Networks Inc. and its financial institutions, from each of the participating merchants in the program. You accept and agree with Linkable Networks Inc.’s User Terms as found at www.mylinkables.com/termsofservice.

16. Use of Information and Comments Submitted: If you elect to submit any comments, information or ideas to Giveplicity, LLC about The Program or service of Giveplicity, LLC, Giveplicity, LLC may use such comments, information or ideas without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing and marketing products and services and creating, modifying or improving The Program or other products or services.

17. Force Majeure: In no event shall Giveplicity, LLC be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside Giveplicity, LLC’s reasonable control.

18. Indemnification: Should any harm be done to you as the result of your involvement in The Program, including but not limited to unintentional acts done by Giveplicity, LLC or any of its affiliated parties, such as partnered organizations, merchants, registered individual members, contractors, or employees, you agree to indemnify and hold harmless Giveplicity, LLC and its affiliated parties.

19. Amendments: Giveplicity, LLC may amend this Agreement from time to time by posting an updated Agreement on the Giveplicity, LLC website. If Giveplicity, LLC materially changes this Agreement, as deemed by Giveplicity, LLC, you shall be notified of the amendment inside of your online account and by notification at the email address on file. Your continued participation in The Program after an updated Agreement has been posted on Giveplicity, LLC’s website shall constitute affirmative acceptance by you of such amendment and your consent to abide by any terms thereof.

20. Legal Person: You acknowledge that you are an individual at least 18 years of age and of sound mind to enter into this Agreement.

21. General: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Giveplicity, LLC’s failure to enforce any provision of this Agreement shall not constitute a waiver of that or any other provision. You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. This Agreement sets forth the entire Agreement between you, Giveplicity, LLC and the participating merchants in The Program with respect to the subject matter hereof.