Terms of Use Churches Collecting With Givt

Givt Pricing Terms and Conditions

These Terms of Service for Collecting with Givt (these “Terms”) describe the terms and conditions under which you may access and utilize the Recipient Portal and participate in certain services made available by Givt, Inc. (“Givt”, “us” or “we”) through end-user facing mobile or other downloadable applications and websites owned by Givt (such services, together with the Recipient Portal, the “Service”) and certain hardware, including beacons and coins, that may be made available to you by Givt in connection therewith (each a “Product”). As used in these Terms, “you” or “Recipient means the entity you represent in accepting these Terms or, if that does not apply, you individually. If you are accepting these Terms on behalf of your employer or another entity, you represent and warrant that: (A) you have full legal authority to bind your employer or such entity to these Terms; (B) you have read and understand these Terms; and (C) you agree to these Terms on behalf of the party you represent. If you do not have the legal authority to bind your employer or the applicable entity please do not click “I agree” (or similar button or checkbox that is presented to you, or any other requested confirmation method). PLEASE NOTE THAT IF YOU REGISTER ON THE RECIPIENT PORTAL  TO BE A REGISTERED RECIPIENT USING AN EMAIL ADDRESS FROM YOUR EMPLOYER OR ANOTHER ENTITY, THEN (I) YOU WILL BE DEEMED TO REPRESENT SUCH PARTY, (II) YOUR CLICK TO ACCEPT WILL BIND YOUR EMPLOYER OR THAT ENTITY TO THESE TERMS, AND (III) THE WORDS “YOU” AND “RECIPIENT” IN THESE TERMS WILL REFER TO YOUR EMPLOYER OR THAT ENTITY.

These Terms are a legally binding contract between you and Givt regarding your use of and participation in the Service. These Terms are effective as of the date you first click “I agree” (or similar button or checkbox that is presented to you) or use or access the Service, whichever is earlier (the “Effective Date”). These Terms do not have to be signed in order to be binding. You indicate your assent to these Terms by clicking “I agree” (or similar button or checkbox presented to you) at the time you access the Recipient Portal. By clicking “I agree” you also agree to be bound by Givt’s Privacy Policy.

If you are not eligible, or do not agree to the Terms, then you do not have our permission to access the Recipient Portal or otherwise use or participate in the Service. YOUR USE OF THE RECIPIENT PORTAL OR ANY OTHER ASPECT OF THE SERVICE, AND GIVT’S PROVISION OF THE RECIPIENT PORTAL OR ANY OTHER ASPECT OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY GIVT AND BY YOU TO BE BOUND BY THESE TERMS.

Arbitration NOTICE. Except for certain kinds of disputes described in Section 15, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND GIVT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

  • Certain Definitions.
      1. Donation” means a donation to a Registered Recipient initiated by a Donor on the Givt Donor Platform.
      2. Donor” means an individual or entity that initiates a donation on the Givt Donor Platform.
      3. Givt Donor Platform” means Givt’s proprietary online platform (which may be made accessible via other applications) where Donors can view and search for Donation Recipients and/or initiate anonymous donations to Registered Recipients.
      4. Recipient Portal” is any online platform or tool, such as https://dashboard.givt.app (and that may be made accessible via other applications), provided to you during your onboarding process with Givt, through which a Registered Recipient may confirm details, acknowledge terms and conditions, review activity around donations and payments and manage their account.
      5. Registered Recipient” means an entity that both (a) registers with Givt as a recipient of donations through creation of a Recipient Account (as defined below) on the Recipient Portal and (b) registers with the Processor, each pursuant to the terms described herein.
      6. “Active User” means an individual, as identified by Givt with a unique user ID, who has made at least one donation to your organization in a given month
      7. “Pricing Plan” means the level of the subscription you will have to Givt and refers to the price and minimum number of users covered under the plan and price of additional users above this minimum per active user
  • Givt Service Overview. Givt facilitates the transfer of donations made by Donors via the Givt Donor Platform to Registered Recipients. Subject to a Registered Recipient’s payment of certain fees, Givt will list the Registered Recipient in the Givt Donor Platform.. The donations could be made anonymously.
  • Eligibility. By agreeing to these Terms, you represent and warrant to us that: (a) you have not previously been suspended or removed from the Service; and (b) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. The individual accepting these Terms on your behalf represents and warrants that they are at least 18 years old and have authority to bind you to these Terms and you agree to be bound by these Terms.
  • Accounts and Registration. In order for you to be listed in the Givt Donor Platform and to receive Donations, you must register for an account with each of Givt (such account, a “Recipient Account”) and the Processor. 
  • You may register for an account with Givt using the Recipient Portal. When you register for a Recipient Account, you may be required to provide us with some information about you, such as your (i) full legal name (ii) address, (iii) phone number, and (iv) e-mail address. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register for a Recipient Account, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your Recipient Account credentials and password, and you accept responsibility for all activities that occur through the use of such credentials and otherwise under your Recipient Account.
  • Recipient may designate through the Recipient Platform multiple internal users to receive access to the Recipient Account on the Recipient Portal (each a “User”). To access the Recipient Account on the Recipient Platform, each User must provide an email address and self-selected password. Givt uses User account information as described in its Privacy Policy. You will: (a) impose on all Users the same obligations and license restrictions imposed on you under these Terms, and notify all Users in writing that they are subject to the terms of Givt’s Privacy Policy located at https://givt.app/privacy-policy/; (b) be responsible for the acts and omissions of all Users as though they were the your own, including any acts or omissions that, if attributable to you, would result in a breach of these Terms; and (c) notify us immediately via e-mail at [email protected] in the event of any misuse of the Recipient Portal by any User, or if you believe that your Recipient Account or any User credential is no longer secure for any reason.  
  • We will provide you with a link to the Processor’s website via e-mail or through the Recipient Portal. In order to become a Registered Recipient, in addition to registering for an account with Givt as described in Section 4.1, you must also register for an account with the Processor using the link provided. Registration with the Processor is subject to your acceptance of the Processor’s online terms and conditions, as well as your satisfactory completion, as determined in the Processor’s sole discretion, of any and all onboarding tasks, including account verification. If you do not complete registration with the Processor within thirty (30) days following your registration for an account with Givt as described in Section 4.1, then Givt may terminate your account on the Service and/or suspend or terminate your access to the Service.
  • We will notify you on the Recipient Portal or through e-mail in the event that we engage a new Processor. In such case, in order to remain a Registered Recipient you may be required to register for an account with the new Processor using a  link that will be provided to you via e-mail or  the Recipient Portal. Registration with the new Processor will be subject to your acceptance of the new Processor’s online terms and conditions, as well as your satisfactory completion, as determined in the new Processor’s sole discretion, of any and all onboarding tasks, including account verification. If you do not complete registration with the new Processor within thirty (30) days following us notifying you in the Recipient Portal that we have engaged a new Processor, then Givt may terminate your account on the Service and/or suspend or terminate your access to the Service.
      1. You will be required to register you details with our billing provider Chargebee and these will all be handled under the Chargebee Privacy Policy found here.
  • Content. 
  • Recipient hereby grants to Givt a nonexclusive, royalty-free, worldwide license, to use, copy, import, display, reproduce, perform, and distribute (a) any information, data, text, photographs, videos, audio clips, written posts, comments, or graphics provided by Recipient to Givt, including through submission to the Recipient Portal; (b) Recipient’s trademarks, trade names, business names, logos, descriptions, photographs or other identifiers; and (c) any other content provided by Recipient to Givt (collectively, “Recipient Content”), in connection with the provision, operation and promotion of the Service, the Givt Donor Platform and Givt’s business (and the business of Givt’s successors and business partners). Should Recipient, in its sole discretion, find any use of the Recipient Content by Givt objectionable, Recipient shall promptly notify Givt of such objectionable use, and Givt shall to the extent reasonably practicable use commercially reasonable efforts to promptly cease using the applicable Recipient Content in the manner found objectionable by Recipient.
      1. Recipient assumes all risks associated with the Recipient Content, including any Donor’s or other third party’s reliance on its accuracy, and Recipient represents that Recipient owns or has the necessary permissions to use and authorize the use of the Recipient Content as described above. You will not imply that Recipient Content is in any way sponsored or endorsed by Givt.
  • Payment Processor 
    1. Givt is not a bank or a financial institution, and we do not provide banking or payment processing services. In order for you to receive Donations, we have entered into an agreement with the payment processor identified on the Recipient Portal (as such payment processor may be replaced by us from time to time in our sole discretion) (the “Processor”). 
    2. The Processor will initiate the payment transactions and collect and remit the Donations to you, net of Processing Fees (as defined below). You agree that we may disclose the Donation transaction information to the Processor, along with any other necessary account and personal information from you, required for the Processor to initiate and process the payment of Donations.
    3. Transfer of Donations, reversals of Donations certain amounts due to the Processor for the Processor’s services, and Donation deposit times will be governed by the Processor’s then-current online terms and conditions. Givt will reflect this information on the Recipient Portal. 


  • Fees and Payment Terms. 
  • Fees. To access, use and participate in the Service as a Registered Recipient, Recipient will be charged the following fees:
  •  Processing fees, as follows: (a) a “Merchant Fee” per Donation, calculated as a percentage of the applicable Donation, dependant on the type of card used by the donor; (b) a fixed “Payout Fee” for each payout of Donations by Processor (collectively, “Processing Fees”). The actual percentage and amounts of the Fees will be communicated to you via e-mail or the Recipient Portal. 

If you do not agree to the Start-Up Fee or any component of the Processing Fees, you do not have to use the Service, and may cancel your Recipient Account without charge.

7.1.2  A one-time start-up fee, which will be invoiced to you upon or prior registration, through the Chargebee checkout platform, or other means (the “Start-up Fee”) dependant on the plan and tier chosen during the onboarding process. This will be collected before you start with Givt; and

7.1.3 Givt will charge a monthly access fee based on the conditions communicated via email prior to registration.

7.1.3.1 For organizations paying annually there will be an annual invoice issued prior to registration and monthly invoices thereafter, in the event active users exceeds the minimum charged, confirming the excess amount to be collected via ACH or using the saved payment method.

7.1.3.2 For organizations paying monthly there will a monthly invoice issued via email confirming the amount to be collected via ACH or saved payment method.

  1. Payment Terms. You will pay Givt the Start-Up Fee in accordance with instructions provided to you by Givt, whether by e-mail, the Recipient Portal or through the Chargebee checkout portal. The Processing Fees will be automatically deducted by Processor from the Donation prior to each periodical payout to your account. For clarity, all payouts of Donations will be net of Processing Fees.
  2. Adjustment of Rates. Givt reserves the right to adjust the fees set forth above at any time in its sole discretion. We will inform you of this via e-mail or through the Recipient Portal at least 30 days in advance. Your right to cancel free of charge is unaffected by rate changes. 
  3. Product Fees. In addition to the fees set forth above, Givt reserves the right to charge Recipient a Product replacement fee of $100.00 per replacement for any damaged and misplaced Product.
  • License and Intellectual Property Rights
  • Limited License. Subject to your complete and ongoing compliance with these Terms, Givt grants you a non-exclusive, non-sublicensable, non-transferable, revocable license to (a) access and use the Recipient Portal, and (b) in the event you are provided with a Product, to use the Product, including the software installed on the Product (the “Product Software”), solely in connection with the Services, in each case of the foregoing clauses (a) and (b) for your own business purposes in accordance with these Terms. You are not allowed to use the Service or Product for commercial purposes. 
      1. License Restrictions. You may not allow any third party to use the Recipient Portal and will be responsible for damages resulting from sharing Recipient’s login credentials with unauthorized third parties or otherwise permitting unauthorized access to Recipient’s account. Without limiting the foregoing, you will not, and will not allow any third party to: (a) provide the Service or Product to third parties; (b) copy, modify, rent, lease, sell, reproduce, distribute, publicly display, publicly perform, or create derivative works of the Recipient Portal or Product Software; (c) decompile, reverse engineer or otherwise attempt to gain access to the source code or the underlying ideas, algorithms, structure, or organization of the Recipient Portal or Product Software; (d) remove or bypass the technical provisions that are intended to protect the Recipient Portal or the Product and/or Givt; (e) transmit injurious code or bypass or breach any security protection on the Recipient Portal; (f) use the Recipient Portal or other aspects of the Service or any Product in any manner or for any purpose that violates any law or regulation or otherwise in any manner that is contrary to the purpose for which it was provided. If you are prohibited under applicable law from using the Service, then you may not use it. 
      2. Ownership; Proprietary Rights. The Service is owned and operated by Givt, and the Product, including the Product Software, is owned by Givt or its third-party licensors. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, QR code and all other elements of the Service provided by Givt (“Materials”) and the Product Software are protected by intellectual property and other laws. All Materials and Products, including Product Software, are the property of Givt or its third-party licensors. Except as expressly authorized by Givt, you may not make use of the Materials or Product Software. There are no implied licenses in these Terms and Givt reserves all rights to the Materials and Product Software not granted expressly in these Terms.
      3. Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service or Products (“Feedback”), then you hereby grant Givt an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and Products and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
  • Third-Party Software. The Service and Product may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
  • Prohibited Conduct. BY USING THE SERVICE AND/OR ANY PRODUCT, YOU AGREE NOT TO:
      1. use the Service or any Product for any illegal purpose or in violation of any local, state, national, or international law;
      2. violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
      3. interfere with security-related features of the Service or any Product, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service or the Product Software except to the extent that the activity is expressly permitted by applicable law;
      4. interfere with the operation of the Service or any Product or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
      5. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying information;
      6. sell or otherwise transfer the access granted under these Terms or any Materials or Products or any right or ability to view, access, or use any Materials or Products; or
      7. attempt to do any of the acts described in this Section 10 or assist or permit any person in engaging in any of the acts described in this Section 10.
  • Term, Termination, and Modification of the Service
      1. Term. These Terms are effective beginning on the Effective Date, and ending when terminated as described in Section 11.2. Terms are effective for period of 12 months from the Effective Date.
      2. Automatic renewal: your subscription to Givt will automatically renew for another 12 months. Givt will send renewal reminders two months prior to renewal and the user will be able to opt out of automatic renewal at any time.
  • Termination. 
  • Convenience. Givt may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your or your Users’ access to the Service, at any time for any reason, or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your Recipient Account and these Terms by contacting customer service at [email protected] or otherwise as may be permitted on the Recipient Portal.  
  • Violation. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. 
  • Bankruptcy. These Terms will end by operation of law in the event you are declared bankrupt, you apply for a moratorium on payments or a general attachment is levied against your assets, in the event of your death, or in the event you go into liquidation, are wound up or dissolved. 
  • Effect of Termination
  • Upon termination of these Terms: (a) your license rights will terminate; (b) you will be required to delete all copies (including back-up copies) of Givt from all your systems; (c) you will return any Products you were provided by Givt within 30 days of termination; (d) you will be removed as Registered Recipient from the Service (including deletion of your listing in the Givt Donor Platform) within 30 days of termination; (e) you will remain liable for any reversals on payments that have already been made to you; and (f) we may notify the Processor of the termination of your account. Subject to the Processor’s then-current terms and conditions, you may be required to separately terminate any agreement you have with the Processor.  
  • In the event of termination due to a violation of these Terms, you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification. 
        1. In the event of termination due to the theft or loss of your smartphone, or other electronic device on which the Service is installed, Givt will block the account to prevent further misuse.
  • If your account is terminated due to a risk of reputational damage, Givt reserves the right to immediately delete any and all mention of Recipient from the Givt Donor Platform.  Sections 11.3.1(a), (b), (c), (e), (f), and 11.3.5 will continue to apply.
  • Recipient must return all Products to Givt promptly following termination of your account. Failure to return any Product will entitle Givt to charge you a replacement costs of $100.00 per Product. 
      1. Modification of the Service. Givt reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Givt will have no liability for any change to the Service, or any suspension or termination of your access to or use of the Service.
  • Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Givt, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Givt Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
  • Disclaimers

THE SERVICE, ALL MATERIALS MADE AVAILABLE THROUGH THE SERVICE, AND ALL PRODUCTS AND PRODUCT SOFTWARE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. GIVT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, ALL MATERIALS MADE  AVAILABLE THROUGH THE SERVICE, AND ALL PRODUCTS AND PRODUCT SOFTWARE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. GIVT DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICE, OR ANY PRODUCT OR PRODUCT SOFTWARE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND GIVT DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR GIVT ENTITIES OR ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICE, OR ANY PRODUCT OR PRODUCT SOFTWARE WILL CREATE ANY WARRANTY REGARDING ANY OF THE GIVT ENTITIES OR THE SERVICE OR PRODUCT THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE, THE PRODUCT OR YOUR DEALING WITH THE PROCESSOR OR ANY DONOR. YOU UNDERSTAND AND AGREE THAT YOU USE AND PARTICIPATE IN ANY PORTION OF THE SERVICE AND THE PRODUCTS AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA. 

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 13 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Givt does not disclaim any warranty or other right that Givt is prohibited from disclaiming under applicable law.


  • Liability
      1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE GIVT ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR PARTICIPATION IN, OR YOUR INABILITY TO ACCESS OR USE OR PARTICIPATE IN, THE SERVICE OR ANY MATERIALS ON THE SERVICE,  OR THE PRODUCT OR PRODUCT SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY GIVT ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
      2. EXCEPT AS PROVIDED IN SECTIONS 14.2 AND 14.3 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE GIVT ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE OR PARTICIPATE IN ANY PORTION OF THE SERVICE OR THE PRODUCTS OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF THE TOTAL AMOUNT OF FEES PAID BY YOU TO GIVT DURING THE TWO MONTHS PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM OR $100.00.
      3. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  • Arbitration. In the event a dispute arises between the parties hereto arising out of or in connection with or with respect to these Terms or any breach thereof, such dispute shall be determined and settled by arbitration in Fulton County, Georgia in accordance with the rules of the American Arbitration Association (“AAA”).  The award rendered thereon by the arbitrator shall be final and binding on the parties thereto, and judgment thereon may be entered in any court of competent jurisdiction.  Nothing in this Section shall prevent either party from applying to a court of competent jurisdiction for equitable or injunctive relief
  • GENERAL
    1. Relationship. These Terms will not be interpreted or construed as (a) creating or evidencing any association, joint venture, partnership, or franchise between the parties; (b) imposing any partnership or franchise obligation or liability on either party; or (c) prohibiting or restricting Givt from contracting with other members.
    2. Changes to these Terms. We may modify the terms and conditions of these Terms from time to time, with notice to you in accordance with Section 16.4 or by posting the modified Terms on our website. Together with notice, we will specify the effective date of the modifications.
    3. Assignability. Recipient may not assign these Terms, or its right, duties, or obligations under these Terms without Givt’s prior written consent. If consent is given, these Terms will bind Recipient’s successors and assigns. Any attempt by Recipient to transfer these Terms or its rights, duties, or obligations under these Agreement except as expressly provided in this Agreement is void. Givt may assign these Terms, and any of its rights, duties and obligations under these Terms, Agreement without restriction.
    4. Notices. Any notice required or permitted to be given in accordance with these Terms will be effective if it is in writing and sent via electronic mail to the appropriate address. For Givt the e-mail address is: [email protected] ; for Recipient: the e-mail address provided in Recipient’s account.
    5. Governing Law. These Terms will be interpreted, construed, and enforced in all respects in accordance with the local laws of the State of Delaware without reference to its choice of law rules. Each party hereby irrevocably consents to the exclusive jurisdiction and venue of the federal, state, and local courts in Fulton County, Georgia, in connection with any action arising out of or in connection with these Terms. 
    6. Waiver. The waiver by either party of any breach of any provision of these Terms does not waive any other breach. The failure of any party to insist on strict performance of any covenant or obligation in accordance with these Terms will not be a waiver of such party’s right to demand strict compliance in the future, nor will the same be construed as a novation of these Terms.
    7. Interpretation. As used herein, “including” (and its variants) means “including without limitation” (and its variants). Headings are for convenience only.
    8. Severability. If any part of these Terms is found to be illegal, unenforceable, or invalid, the remaining portions of these Terms will remain in full force and effect. If any material limitation or restriction on the grant of any license to Recipient under these Terms is found to be illegal, unenforceable, or invalid, the license will immediately terminate.
    9. Entire Agreement. These Terms are the final and complete expression of the agreement between these parties regarding Recipient’s use of and participation in the Service and use of the Products. These Terms supersede all previous oral and written communications regarding these matters, all of which are merged into this Agreement. No employee, agent, or other representative of Givt has any authority to bind Givt with respect to any statement, representation, warranty, or other expression unless the same is specifically set forth in These Terms. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter These Terms. Except as set forth in Section 16.2, any amendments or modifications to these Terms must be executed in writing by an authorized representative of each party.
    10. International Use.  The Service is intended for Recipients located in, and donations made within, the United States. We make no representation that the Service is appropriate or available for use outside of the United States.