"Fund by Cell" and "fundbycell" (or us, our, we) provides services through a web site found at www.fundbycell.com (the "Site") and through web and mobile services. All related services are collectively called "Services." The technology that is used to facilitate all of this is called the "Platform." All usage of the Services are subject to the Terms and Conditions noted here. Important information is also contained in our Privacy Policy and Cookies Sections and Safety Policy.

We may change these Terms and Conditions or any policy at any time. We will note the changes in the appropriate section on the Fund by Cell web site. We may communicate with users via email, direct mail, phone calls, or any reasonable means of communication. Users will be subject to all changes in Terms and Conditions when they are made, without limitation.

Donors and individuals or organizations that choose to use the platform to raise money ("Campaign Organizers") should review the Fee Section carefully. When a Campaign Organizer establishes a giving opportunity through the Platform, that opportunity is called a "Campaign."

Services: Our Services are offered as a Platform to allow Donors to choose to make a donation to a Campaign.

A donor wishing to make a contribution to a Campaign will set up an account and become a "Registered User."

Campaigns are not charities. This means that when you make a donation to a Campaign the amount of your money is not necessarily tax-deductible. However you may contact the Campaign to inquire if your donation will be deemed tax deductible and you may request documentation to this effect. It is your responsibility to inquire about tax deductible donations before you make a donation.

If you are seeking to start a Campaign and you are a non-profit charity registered in the United States we require you to email us at [email protected] and we will seek certain documentation from you. Once we receive and analyze the documentation we may add a notation to your Campaign's Fund by Cell web campaign page noting that it appears that your organization is a registered charity doing business in the United States.

What is the Fund by Cell role? We are not a charity, a non-profit, a financial institution, a broker, an insurance company or a creditor. We provide a Platform to allow individuals to set up a Campaign in order to receive donations, and a Platform to allow individuals to make a donation to a Campaign. We are not a party to any transaction. We have no control over how the funds will be used. We have not conducted due diligence on any Campaign. We have not reviewed the information posted by Campaign Organizers about their Campaigns. We have no control over the conduct of any Campaign Organizer. We disclaim all liability.

We do not guarantee that any Campaign will raise money. We not endorsed any Campaign. We have no knowledge if the information posted is accurate. We expressly disclaim any responsibility or liability for any Campaign or the outcome of its purpose. Donors must conduct your due diligence and be 100% comfortable with the Campaign before donating funds to it.

We take fraud and misleading information serious. If you think we should investigate any Campaign please notify us at [email protected]. We will investigate.

Campaign Organizers are warranting and representing that all information provided is true, accurate, fairly explains the reason for the donation and the eventual uses and there is nothing that will misrepresent or defraud potential donors. You are certifying that the funds will be used for the stated purpose in the Campaign description on the web site. You must comply with all laws - local, city, state, county, federal, corporate when you are soliciting funds - it is your responsibility to comply with all laws regarding soliciting donations. We will provide law enforcement with information related to your Campaign.

All Donors are requested to register for an account. All Campaign Organizers are required to register to operate a Campaign. In both cases you are certifying that everything you state is true and fair and not misleading. You must truthfully identify yourself and not use an alias. Your photos must be of yourself and of your campaign. You also must be over 18 year of age to use the Service.

Along with registering with Fund by Cell, Campaign Organizers will be required to register with WePay, which serves as the merchant processor to process all credit card transactions between the donor and the Campaign Organizer/Campaign.

You are responsible for maintaining the confidentiality of your account and password information, and therefore remain responsible for any activity that occurs within your account. You must notify Fund by Cell immediately if your account information has been breached. Please sign out from your account every time you use the service and do not share your account information with anyone.

Fund by Cell may terminate any Campaign at any time with no notice given if it feels necessary to do so. Donations may become public and searchable.

Fund by Cell may limit the amount of information stored in your Campaign, and we may terminate accounts that are not used for a period of time. We may also change any section of our Terms and Conditions at any time with no advance notice if we feel it is necessary to do so.

If you use a mobile device or pay for internet browsing you agree and acknowledge that you may incur roaming, wireless or connectivity charges. If you use text messaging to access a link to donate, all text message charges will be paid for you by you. It is necessary for Campaign Organizers and donors to be connected to the internet to use the Services.

As a Campaign Organizer you are responsible for all the content that is included in your Campaign. This includes text, words, photos, videos, graphics, and any and all additional content. There is a long list of offensive content that is not allowed. Anyone or any organization that violates these content rules may be investigated by law enforcement or any investigator. And Fund by Cell will remove content that is not allowed in the sole judgement by Fund by Cell. Funds may be frozen, accounts may be suspended or deleted, funds may not be delivered to the Campaign if content that is not appropriate.

There is also a long list of uses that are not allowed. A sample list is found below. If you have a question about content or use, please email us at [email protected].

Uses that are not allowed include, but are not limited to the following:

• Offensive or sensitive purpose or content
• Human trafficking
• Pornography
• Sexual content of any kind
• Supporting or representing individuals involved in crime
• Contests, gambling, gaming, lotteries, betting, sweepstakes, games of chance, prize winning
• Illegal drugs
• Any use that violates any law or regulation of the government
• Support of countries or governments that are subject to U.S. sanctions
• Off shore banking
• Illegal narcotics or controlled items or steroids of any kind
• Dishonest content
• Weapons, guns, ammunitions, explosives and knives
• Gift cards and any monetary reward
• Abortion funding
• Killing animals
• Selling merchandise or goods or services
• Debt settlement
• Repair of credit

Some examples of content that is not allowed, but the list is not inclusive, includes:

• Everything seen in the above list
• Content you do not own outright 100%
• Privacy or security concerns for someone
• Viruses affecting software
• Spam or unwanted correspondence of any kind
• Content you are not supposed to post or share publicly
• Content that infringes on the rights of others
• Content that may disrupt a network
• Collecting emails

Donations – Donors will be required to provide certain information in order to make a donation. This information must be accurate. THERE ARE NO REFUNDS OF AMOUNTS DONATED IN ANY CIRCUMSTANCE.

Fees – Donors do not pay a processing fee to make a donation. Campaign Organizers do not pay any up-front fee to use the Service. Campaign Organizers pay transaction fees seen as follows:

Fees to WePay – WePay is the service that Fund by Cell uses to provide the credit card processing and the payment processing. WePay charges its own fees, which can change at any time without notice. As of April 2020 those fees were 2.9% and $.30/donation. Please check the WePay web site frequently to make sure you understand what their current fees are. Do not assume Fund by Cell will notify you if WePay changes their fee structure, since they are not obligated to inform us when and if they make a fee change.

All fees are deducted directly from the donation before the Campaign Organizer can withdraw the funds raised in its Campaign.

Fund by Cell and WePay may change its fees at any time.

Putting Your Account on Hold: If we believe that your Campaign is violating any of our Terms and Conditions or even the spirit of the Terms and Conditions we may place your account on hold. These funds may eventually be released from being on hold. Or they may be returned to the donors less the fees noted above from Fund by Cell and WePay.

Withdrawing Funds You Have Raised Through Your Campaign: You may log into your WePay account and designate when you want the funds to be transferred to your checking account. It is your responsibility to do this. If you do not do this, the funds will remain in your WePay account. WePay is entirely responsible for transmitting those funds to you. Fund by Cell does not have the funds, nor have any way to access the funds. They reside in WePay.

Intellectual Property Rights:

The Fund by Cell Services are protected by trademark, patent, trade secret and copyright laws and you may not copy any or all of the Services. You may not data mine. You may not mask your I.P. address. You may not reverse engineer the services. All rights not granted are reserved by Fund by Cell.

All Fund by Cell logos and names and trademarks and service marks are owned by Fund by Cell and may not be used without permission.

Social Media Sites:

Fund by Cell interacts and integrates with certain social media sites such as Facebook and Twitter. You may be asked to authenticate these services to connect them with your Fund by Cell Services. We are not responsible for the accuracy of any information in any Social Media site. We are not responsible for any damage caused by connecting to a Social Media site.

Release and Indemnity:

You agree to release and indemnify and hold Fund by Cell and its agents, employees, affiliates, directors, partners and anyone associated with Fund by Cell harmless from all claims, actions, damages, injury and rights, including death, that results from using the Fund by Cell services. If you are a California resident you waive California Civil Code Section 1542 which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you live in another jurisdiction you waive similar doctrines.

Warranty Disclaimer:

Use the Fund by Cell Service at your own risk. The Services is “as is” and “as and when available.” Fund by Cell disclaims any warranties of any kind, expressed, statutory or implied. The Services may not meet your needs or requirements. The Service can be interrupted due to technical issues or issues from WePay.

Liability Limitation:

You agree by using the Service as a Campaign Organizer or as a Donor that Fund by Cell nor its partners or affiliates are liable for any damage, special, consequential, indirect or other, whether based on a contract, negligence, tort or any other similar action. In no event will Fund by Cell’s total liability to you for any and all damages, causes of any action, or losses, exceed the greater of either $100.00 (one hundred dollars) or the amount you have paid Fund by Cell in the last seven months.

Some jurisdictions to not allow for the exclusion of some warranties or limitations of liability, therefore some exclusions may not apply to you. Your sole and exclusive remedy is to discontinue using the Fund by Cell Service.

Binding Arbitration Resolving Disputes:

If you have any questions or concerns email us at [email protected].

If you believe a dispute has not been resolved to your satisfaction both parties agree – you and Fund by Cell – to resolve disputes through binding arbitration, small claims court or mediation instead of courts of general jurisdiction. All arbitrations are handled on an individual basis. Class actions and class arbitrations are not permitted. Some examples of arbitration include claims that arise after the termination of our Terms and Conditions, claims where you are not a member of a purported class action, claims arising before this agreement, or claims that came out of any aspect of our relationship between us.

If you wish to seek arbitration send a notice via email to [email protected] and a written notice to Fund by Cell Arbitration, 5610A Granny White Pike, Brentwood, TN 37027. Both parties agree to spend 60 days attempting to resolve the dispute before proceeding to arbitration.

Arbitration rules are governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, of the American Arbitration Association. Both parties agree that each may bring a claim against the other only in your or its individual capacity and not as a class member or plaintiff.

Termination:

For any reason Fund by Cell may terminate any Campaign and discontinue providing service to any Campaign Organizer. WePay may do the same thing. All content may be deleted and funds refunded less fees to the donors. Fund by Cell is not liable to you or any third party for termination of the Services.

User Disagreements:

You are entirely responsible for your interactions with any other user or donor and Fund by Cell has no liability nor responsibility. We may become involved in disputes if necessary.

General Terms:

Please carefully read the Terms and Conditions, the Privacy Policy, Cookie Policy and Safety Policy. All of these are very important documents for you to understand. If you do not understand something please email us at [email protected].

All of these documents taken together constitute the agreement between Fund by Cell and you and govern all use of the Services. Third parties such as WePay have their own Terms and Conditions and you must abide by their rules as well. All Terms and Conditions are governed by the State of California.

If there are any disputes not settled by arbitration you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within San Francisco, County in California. The failure of Fund by Cell to enforce or exercise any right does not constitute a waiver of such rights. Any claim must be filed within one year after the cause of the claim. You may not assign these rights.

WePay Terms of Service and Privacy Policy:

You must obtain the electronic signature of each of your merchants on WePay’s Terms of Service and Privacy Policy. You must also make links to WePay’s Terms of Service and Privacy Policy available on your website or in your own User Agreement so that your merchants may refer to them after acceptance – including updated versions.

• Acceptance of WePay Terms of Service and Privacy Policy

  User Register. Typically, you will include links to WePay’s Terms of Service and Privacy Policy in the your own User Agreement. For example, you could insert the following paragraph in your User Agreement, substituting your own name for [Platform] where it appears below:
  “[Platform] offers payments through WePay, Inc. ("WePay"), a third-party payment processor. In order for you to use WePay's payment processing services, you must register with WePay as a merchant. The WePay Terms of Service explain that process and are available here: https://go.wepay.com/terms-of-service-us, The WePay Privacy Policy is available here: https://go.wepay.com/privacy-policy-us. By accepting this agreement with [Platform], you agree that you have reviewed the WePay Terms of Service and Privacy Policy for the country in which you are located and agree to them. If you have questions regarding the WePay Terms of Service or Privacy Policy, please refer to the WePay website at www.wepay.com or contact WePay at https://support.wepay.com/hc/en-us.”

  After the merchant accepts your User Agreement (including the WePay Terms of Service and Privacy Policy), you may call User Register and pass the elements of the electronic signature to your User Agreement (login credentials, date/time stamp, IP address).

  You may also wish to link to WePay’s Privacy Policy from your own Privacy Policy. For example:

  “If you elect to use the WePay payment service in conjunction with [Platform], you will enter into an agreement with WePay for use of the service and WePay’s use of your data. We encourage you to review the WePay Privacy Policy (https://go.wepay.com/privacy-policy-us), which will apply to you.”

  If you do not obtain the user’s electronic signature to your User Agreement and incorporate the WePay links described above, you will have to obtain the merchant’s electronic signature to WePay’s Terms of Service and Privacy Policy by using OAuth or an equivalent mechanism.

• Access to WePay Terms of Service and Privacy Policy:

  User Register. If your own User Agreement contains language equivalent to that described above under “Acceptance of WePay Terms of Service and Privacy Policy/User Register”, then a link to your own User Agreement will satisfy the requirement to provide access to the WePay Terms of Service and Privacy Policy. Otherwise, you must provide a link to https://go.wepay.com/terms-of-service-us.