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