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Terms & Conditions

This Terms & Conditions was last updated on August 24, 2016

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 info@fundbycell.com.

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 info@fundbycell.com and a written notice to Fund by Cell Arbitration, 300 Beale Street, Suite 608, San Francisco, CA 94105. 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 info@fundbycell.com.

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.

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