Terms of Service

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE ACCESSING THIS WEBSITE OR SUBMITTING INFORMATION TO GotAED (“GotAED”).
THESE TERMS OF SERVICE (“TERMS OF SERVICE”) AND THE REFERENCED PRIVACY POLICY CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND GotAED.
BY ACCESSING OR USING THE WEBSITE, YOU SIGNIFY THAT YOU HAVE READ THE AGREEMENT AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF SERVICE AND THE AGREEMENT.

the terms of use are separate and distinct from any and all terms of use, disclaimers of liability or warranties regarding any products OR SERVICES SOLD and do not govern them.

Access and Use
Platform
Conditions
Intellectual Property
Copyright
Third Party Website
Disclaimer
Limitation of Liability
Disputes
Termination

You should review this Agreement each time you access our Website.  GotAED reserves the right to modify the Terms of Service at any time and will publish notice of any such modifications on-line at this site. By continuing to access a site after notice of such modifications has been published, you signify your agreement to be bound by them.
GotAED, Inc. provides its services (described below) to you through its website (the “Platform“) and related services (collectively, such services, including any new features and applications, and the Platform, the “Services“), subject to the following Terms of Service (as amended from time to time, the “Terms of Service“).
In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Services from time to time, including, without limitation, the Privacy Policy located via link at the bottom of our webpage. All such terms are hereby incorporated by reference into these Terms of Service (provided, however, that such other terms may be modified in accordance with their terms and, with respect to the use of the Services, these Terms of Service will take precedence in the event of conflict).

A.   Access and Use of the Services

  1. Services Description: The Services are offered as a platform to users of the Services based in the United States only, which may include Campaign Organizers and Donors (each defined herein) and other registered users of the Services (which may include users who simply “like” Campaigns or otherwise interact with the Platform or Services). Among other features, the Services are designed to allow a user (a “Campaign Organizer“) to post a fundraising campaign (“Campaign“) to the Platform to accept monetary donations (“Donations“) from those wishing to contribute funds to the Campaign (“Donors“). For purposes hereof, the term “Campaign Organizer” shall also be deemed to include any individual(s) designated as a beneficiary of a Campaign.

    There are no fees to set up a Campaign. GotAED keeps a small portion of successful campaigns to fund the operations of this site.

  2. Campaign Structure: Campaigns will be created for the purpose of obtaining an Automated External Defibrillator (“AED”) device and shall remain active for three (3) months during which time Donations can be received towards the Campaign goal (“Campaign Goal”).  When a Donor makes a Donation to a Campaign, he/she will be debited immediately, and will receive an automated email acknowledging the tax deductible donation.                                                            After three (3) months, GotAED will terminate the Campaign regardless of whether or not the Campaign Goal has been achieved.
  3. Complete Campaign:  When a Campaign Goal is reached, (“Complete Campaign”) the donations made to the Complete Campaign will be used to provide an AED device to the Complete Campaign.  The AED device will be provided by a third-party AED distributor (“Distributor”).  GotAED does not distribute AED devices, nor does it collect any fees or monies from the Distributor.
  4. Incomplete Campaign: If the Campaign Goal is not reached (“Incomplete Campaign”), donations made to the Incomplete Campaign will be donated to Simon’s Heart and used for the operation of GotAED.

B.  Services are a Platform.

  1. The Services are a Platform: We are not a Broker, Financial Institution, or Creditor. The Services are an administrative platform only. GotAED facilitates the Donation transaction between Campaign Organizers and Donors, but is not a party to any agreement between a Campaign Organizer and a Donor. GotAED is not a broker, agent, financial institution, creditor or insurer for any user. GotAED has no control over the conduct of, or any information provided by, a Campaign Organizer, and GotAED hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
  2. No Guarantee: GotAED does not guarantee that a Campaign will obtain a certain amount of Donations or any Donations at all. We do not personally endorse any Campaign, or Campaign Organizer and we make no guarantee, explicit or implied, that any information provided through the Services by a user is accurate. We expressly disclaim any liability or responsibility for the success of any Campaign. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Campaign, or Campaign Organizer.
  3. Campaign Organizer Warranties: You, as a Campaign Organizer, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any user; (ii) you will comply with your jurisdiction’s applicable laws and regulations when you solicit funds, particularly, but not limited to, laws relating to your marketing and solicitation for your project; and (iii) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us.

    You authorize GotAED, and GotAED reserves the right to, provide information relating to your Campaign with donors and beneficiaries of your Campaign, and with law enforcement or to assist in any investigation.

  4. Your Registration Obligations: You may be required to register with GotAED in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration form. Campaign Organizers must register using their true identities, including their name and any image or video purporting to depict the Campaign Organizer. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under the age of majority in your jurisdiction (typically 18 or 19 years of age), you may use the Services, with or without registering, only with the approval of your parent or guardian. Certain aspects of our Services may also require you to register with (and agree to the terms of) third-party service providers (e.g., payment processors or charitable donation processors) in order to utilize such Services. While we may help facilitate such registration in some cases, we are not a party to any such relationships and disclaim any responsibility or liability for the performance by such third parties. We may exchange information with such third-party services in order to facilitate the provision of Services (and related third party services). Where such information consists of Personal Data (as defined in the Privacy Policy), it will only be shared in accordance with the Privacy Policy.
  5. Taxes: It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.GotAED will collect the appropriate amount of sales tax and pass that money directly to our AED partner. The sales tax is based on the address information you provide in the Campaign.
  6. Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify GotAED of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session when accessing the Services. GotAED will not be liable for any loss or damage arising from your failure to comply with this Section.
  7. Modifications to Services: GotAED reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof). We will endeavor to give you notice of any such modification, suspension or discontinuance. You agree that, to the extent permitted by law, GotAED will not be liable to you for any modification, suspension or discontinuance of the Services in accordance with these Terms of Service.
  8. Public Display of Donations: As a Donor, you have the option to publicly display your Donation for all to see, including on search engines (like Google and Yahoo). To keep the details of your Donation private, simply click the “Private” checkbox during the Donation process. Please see our Privacy Policy for more information on the ways that we may collect, use, and store certain information about you and your use of the Services.
  9. General Practices Regarding Use and Storage: You acknowledge that GotAED may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on GotAED’s servers on your behalf. You agree that GotAED has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that GotAED reserves the right to terminate accounts or Campaigns that are inactive for an extended period of time, provided that GotAED will use its commercially reasonable efforts to provide a Campaign Organizer with reasonable notice before terminating an inactive Campaign having a positive balance of Donations. You further acknowledge that GotAED reserves the right to change these general practices and limits at any time, in its sole discretion. We will endeavor to give you notice of any such change where required by applicable law.

C.  Conditions of Use

  1. User Conduct: You are solely responsible for all Campaign descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content“) that you upload, post, publish or display (hereinafter, “upload“) or transmit or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by GotAED. However, this list is not exhaustive and GotAED reserves the right to investigate anyone by engaging public and private organizations, including, but not limited to collection agents, private investigators, and local, state, federal and applicable international agencies, and take appropriate action against anyone who, in GotAED’s sole discretion, violates any of the terms or spirit of these Terms of Service (or the principles described in our preamble hereto), including, without limitation, removing the offending content, suspending or terminating the account of such violators, stopping payments to any such Campaign, freezing or placing a hold on donated funds when GotAED reasonably believes it to be required by applicable law, and reporting you to law enforcement authorities or otherwise taking appropriate legal action.
  2. Without limiting the foregoing, you agree to not use the Services to:

a.  Establish or contribute to any Campaign with the implicit or express purpose relating to any of the following:

  1. Any activity that violates any law or governmental regulation;
  2. Content or campaigns that are fraudulent, misleading, inaccurate, dishonest, impossible or imitating any other person or fundraising campaign (whether on the Platform or not);
  3. Illegal drugs, narcotics, steroids, controlled substances or other products that present a risk to consumer safety or any related paraphernalia;
  4. Knives, explosives, ammunition, firearms, or other weaponry or accessories;
  5. Annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), debt collection or crypto-currencies;
  6. Gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery) or sweepstakes;
  7. The promotion of hate, violence, harassment, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases;
  8. Activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
  9. Ransom, human trafficking or exploitation;
  10. Pornography or other sexual content;
  11. Offensive, graphic, perverse or sensitive content;
  12. The defense or support of anyone alleged to be involved in criminal activity;
  13. Offering monetary rewards, including gift cards;
  14. Transactions for the sale of items before the seller has control or possession of the item;
  15. Collection of payments on behalf of merchants by payment processors or otherwise; or
  16. Credit repair or debt settlement services.

b. Transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or (vi) in the sole judgment of GotAED, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose GotAED or its users to any harm or liability of any type; or
c.  Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
d.  Harvest or collect email addresses or other contact information of other users from the Services by electronic or other means.
3.  Donations: Donations shall be made through PayPal and/or Stripe. You agree that all Donation payments are final and will not be refunded unless GotAED, in its sole discretion, agrees to issue a refund. Donors may have the option to contribute recurring period Donations, and in electing to contribute on a recurring basis.
4.  Fees: GotAED retains a nominal fee from successful campaigns to operate this site.
5.  Withdrawing Donations from a Campaign: You, as a Campaign Organizer (or, as applicable, the beneficiary designated by the Campaign), may not withdraw Donations to your Campaign.

D.  Intellectual Property Rights
Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Services Content“) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by GotAED, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute