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Terms of Use

Effective November 29, 2015

These Terms of Use (The "Terms of Use") govern use of the websites and services (the "Services") of OnlineSensor (together with its affiliates, "OnlineSensor"), in addition to any supplemental terms applicable to any particular features, content and functionality of the Services, which such supplemental terms are incorporated by reference into the Terms of Use. By using the Services, Users agree to be bound by these Terms of Use, our Privacy Policy, all applicable laws and all conditions or policies referenced here (collectively, the "Terms"). OnlineSensor may amend the Terms at any time by posting a revised version of the Terms on our Services. Access to or continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms.

Definitions

In these Terms, we refer to those raising funds as "Campaign Owners" and to their fundraising campaigns as "Campaigns." We refer to those contributing funds as "Contributors" and to the funds they contribute as "Contributions." Campaign Owners, Contributors and other visitors to the Services are referred to collectively as "Users."

OnlineSensor is a Venue

OnlineSensor is an online crowdfunding venue for people and entities seeking to raise funds for their own Campaigns and to contribute to the Campaigns of others. Campaign Owners can offer gifts or rewards in the form of tangible items or intangible services (collectively, "Perks") to Contributors. Perks are not offered for sale. OnlineSensor makes no representations about the quality, safety, morality or legality of any Campaign, Perk or Contribution or the truth or accuracy of User Content (as defined below) posted on the Services. OnlineSensor does not represent that Campaign Owners will deliver Perks or that Contributions will be used as described in the Campaign. Users use the Services at their own risk.

The Services are a Platform, We are not a Broker, Financial Institution, Creditor or Charitable Institution: The Services are an administrative platform only. OnlineSensor facilitates the Donation transaction between Campaign Organizers and Donors, but is not a party to any agreement between a Campaign Organizer and a Donor, or between any user and a Charity. OnlineSensor is not a broker, agent, financial institution, creditor or insurer for any user. OnlineSensor has no control over the conduct of, or any information provided by a Campaign Organizer or a Charity, and OnlineSensor hereby disclaims all liability in this regard.

OnlineSensor does not guarantee that a Campaign or a Charity will obtain a certain amount of Donations or any Donations at all. We do not personally endorse any Campaign, Campaign Organizer, or Charity, 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, or the outcome of any fundraising purpose. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Campaign, Campaign Organizer, or Charity.

We do not and cannot verify the information that Campaign Organizers supply, nor do we guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a Campaign Organizer or Charity. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws, and such responsibility rests solely with the Campaign Organizer or Charity, as applicable. While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Service, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Campaign Organizer or Charity is not raising or using the funds for their stated purpose, please use the "Report" button on the Campaign or Charity to alert our team of this potential issue and we will investigate.

Eligibility to Use the Services

Users under 18 years of age are not eligible to use the Services without consent. Users between the ages of 13 and 17, can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services. Users suspended from using the Services are not eligible to use the Services. OnlineSensor reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Campaign, Contribution, or the Services at any time for any reason without liability.

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 and (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post and (iii) you will comply with all relevant local, state, and federal laws applicable to you when you solicit funds, particularly but not limited to laws relating to your marketing and solicitation for your project. We reserve 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.

Your Registration Obligations: You may be required to register with OnlineSensor 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 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 18 years old, 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).

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 OnlineSensor 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. OnlineSensor will not be liable for any loss or damage arising from your failure to comply with this Section.

Prohibited Campaigns

Campaign Owners are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam others. If the Campaign is claiming to do the impossible or it's just plain phony, don't post it. Users must comply with all applicable laws and regulations in connection with their Campaigns, including offering Perks and using Contributions. Campaign Owners shall not make any false or misleading statements in connection with their Campaigns.

User Conduct: You are solely responsible for all Campaign descriptions, comments, video, 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 OnlineSensor. However, this list is not exhaustive and OnlineSensor 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 international agencies, and take appropriate action against anyone who, in OnlineSensor'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 donated funds when OnlineSensor reasonably believes it to be required by applicable law, and reporting you to the law enforcement authorities or otherwise taking appropriate legal action. Without limiting the foregoing, you agree to not use the Services to:

  1. 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 or dishonest
    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 or terrorism, or racial, ethnic, or gender intolerance of any kind
    8. activities with, in, or involving countries, regions, governments, persons, or entities (including but not limited to Specially Designated Nationals) that are subject to U.S. economic sanctions, unless authorized by the Office of Foreign Assets Control, U.S. Department of the Treasury
    9. 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. funding an abortion.
    15. ending the life of an animal.
    16. transactions for the sale of items before the seller has control or possession of the item
    17. collection of payments on behalf of merchants by payment processors or otherwise or credit repair or debt settlement services.
  2. 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 OnlineSensor, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose OnlineSensor or its users to any harm or liability of any type or
  3. 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
  4. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means.

Prohibited Perks

Campaign Owners are not permitted to offer or provide any of the following as a Perk:

  • any form of "security" (as such term is defined in the Securities Act of 1933)
  • any form of financial incentive or participation in any profit sharing
  • any alcoholic consumer products (vouchers or memberships offering physical delivery of alcoholic consumer products are permitted)
  • any controlled substance or drug paraphernalia
  • any weapons, ammunition and related accessories
  • any form of lottery or gambling
  • any form of air transportation or any items promoting hate, discrimination, personal injury, death, damage, or destruction to property or any items (a) prohibited by applicable law to possess or distribute, (b) that would violate applicable law if distributed, or (c) that would result in infringement or violation of another person's rights if distributed.

Community Guidelines

OnlineSensor is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam. Do not:

  • use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity
  • post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt or degraded
  • spam the comments sections or other Users with offers of goods and services or inappropriate messages
  • engage in any activity that interferes with or disrupts the proper working of the Services or any activities conducted on the Services or take any action that imposes, in OnlineSensor’s sole discretion, an unreasonable load on OnlineSensor's infrastructure.

OnlineSensor reserves the right to remove Campaigns and terminate User Accounts for such activities.

Prohibited Visual Elements in Campaign Images

Campaign Owners are not permitted to do any of the following with Campaign images:

  • incorporate OnlineSensor colors and branding elements, including but not limited to logos, colored frames, borders or badges
  • include any visual element that could be interpreted to have been produced by OnlineSensor, including but not limited to banners, progress bars or funding stats
  • include any visual element that communicates endorsement by OnlineSensor.

Disputes between Campaign Owners and Contributors

Campaign Owners are legally bound to perform on any promise and/or commitment to Contributors (including delivering any Perks). OnlineSensor does not recognize any third party and/or agency affiliated with the Campaign as a Campaign Owner. If a Campaign Owner is unable to perform on any promise and/or commitment to Contributors, the Campaign Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include the issuance of a refund of Contributions by the Campaign Owner. OnlineSensor is under no obligation to become involved in disputes between Campaign Owners and Contributors, or Users and any third party. In addition, OnlineSensor is under no obligation to become involved in disputes regarding the determination of the rightful Campaign Owner, and will not be obligated to make any changes to Campaign Owner accounts or transfer of ownership. In the event of any dispute, such as a Campaign Owner's alleged failure to comply with the Terms or alleged failure in fulfillment of a Perk, we may provide the Campaign Owner's contact information to the Contributor so that the two parties may resolve their dispute.

User Accounts

All information submitted in connection with a User account on the Services (each, a “User Account”) must be accurate and truthful. Users agree to notify OnlineSensor immediately if their User Account has been used without authorization or there has been any other breach of security of the User Account. Each User also agrees to provide additional information OnlineSensor may reasonably request and to answer truthfully and completely any questions OnlineSensor might ask you in order to verify such User's identity.

License to Users

OnlineSensor grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User's eligibility and continued compliance with the Term

Campaign Owners

Campaign Owners are permitted to offer Perks to Contributors. Campaign Owners are legally bound to perform on any promise and/or commitment to Contributors (including delivering any Perks). Campaign Owners will respond promptly and truthfully to all questions posed to them by OnlineSensor or any Contributor. If any Campaign Owner is unable to fulfill any of its commitments to Contributors (including delivering any Perks), the Campaign Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include refunding their Contributions. Campaign Owners will comply with all applicable laws and regulations in the use of Contributions and delivery of Perks. Campaign Owners are responsible for collecting and remitting any taxes on Contributions, and any taxes due in connection with Perks. OnlineSensor may attempt to verify the identity and other information provided to us by Campaign Owners, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction.

Contributors

Contributors are solely responsible for asking questions and investigating Campaign Owners and Campaigns to the extent they feel is necessary before making a Contribution. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor. OnlineSensor does not guarantee that Contributions will be used as promised, that Campaign Owners will deliver Perks, or that the Campaign will achieve its goals. OnlineSensor does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Perk or Contribution, or the truth or accuracy of User Content posted on the Services. Contributors are solely responsible for determining how to treat their Contributions and receipt of any Perks for tax purposes. If a Contribution is returned to a Contributor, the associated Perks, if any, shall be canceled.

Donations: In order to contribute to a Campaign or to a Charity, a Donor will be required to provide OnlineSensor information regarding its credit card or other payment instrument. You, as a Donor, represent and warrant to OnlineSensor that such information is true and that you are authorized to use the payment instrument. You agree that a certain minimum Donation amount may apply, and that all Donation payments are final and cannot be refunded. Donors may have the option to contribute recurring period Donations, and in electing to contribute on a recurring basis, you, as a Donor, (i) agree to promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur and to pay the Donation amount that you specify, and (ii) hereby authorize OnlineSensor to bill your payment instrument in advance on a periodic basis until you terminate such periodic payments through the Platform.

Service Fees

Setting up an account on the Services is free. We do not charge our Service fees to Contributors. Unless otherwise expressly indicated on the Services, we do charge our Service fees to Campaign Owners as a portion of the Contributions they raise (the "Service Fees"). By using the Services Users agree to our Service Fees listed here https://onlinesensor.com. Changes to Service Fees are effective after we post notice of the changes on the Services. Updated Service Fees are applied to Campaigns launched after the notice is posted.

Refunds

Contributors may request a refund from OnlineSensor within 7 days of the contribution. Contributions are eligible for a refund by OnlineSensor unless (a) the contribution funds have already been transferred to the Campaign Owner, (b) the Perk associated with the contribution has been fulfilled, or (c) OnlineSensor determines that there has been an abuse of these Terms of Use. OnlineSensor reserves the right to terminate User Accounts and remove Campaigns for any abuse of this refund policy. For Campaigns that have ended, or in situations where the contribution funds have been transferred to the Campaign Owner, Contributors should contact the Campaign Owner directly regarding refunds.

All or Nothing v/s Flexible

Always check for the Funding Model. You can find it below the countdown date on the campaign page. The funding model used by the project creator determines how your money is treated and whether it is eligible for a refund.

If you are contributing to a campaign that has failed to reach its target funding goal under the All or Nothing funding model, then your contribution is eligible for refund.

Any contribution eligible for refund will be returned to the same account from where your transaction originated within 45 days of the close of the Project.

No. Contributions to any project under the Flexible Funding model are not eligible for refunds.

Taxes

Taxing authorities may classify funds raised on the Services as taxable income to the Campaign Owner and any beneficiary who will receive funds directly from the applicable Campaign. OnlineSensor will ask for the tax identification number (TIN) of Campaign Owners and any beneficiaries so that we may report taxable income to the relevant taxing authorities. OnlineSensor will provide Campaign Owners with a tax document if required by the relevant taxing authorities.

User Content

While using the Services, Users may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, "User Content"). Users grant OnlineSensor a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities. As between Users and OnlineSensor, Users continue to hold all ownership interest in their User Content. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.

Promotions

Campaign Owners may not offer any contest, competition, giveaway, sweepstakes or similar activity (each, a "Promotion") on the Services without OnlineSensor's prior written permission (which may be granted or withheld by OnlineSensor in its sole and absolute discretion). Campaign Owners may request permission from OnlineSensor by sending an email to promotions@onlinesensor.com. Subject to and upon any such permission, each Campaign Owner offering any Promotion further acknowledges and agrees that: (a) such Campaign Owner shall be solely responsible for all facets of each such Promotion. (b) such Promotion does not require any Contribution or other payment of any amount as the sole method of entry into such Promotion and (c) the official rules for such Promotion shall include clear and conspicuous language to the effect that: (i) OnlineSensor does not sponsor, endorse or administer the Promotion (ii) each participant or entrant in the Promotion releases OnlineSensor from any and all liability and (iii) all questions concerning the Promotion must be directed to the Campaign Owner and not to OnlineSensor.

Third-Party Websites, Advertisers or Services

The Services may contain links to third-party websites, advertisers, or services that are not owned or controlled by OnlineSensor. Access to or use of third-party sites or services are at each User's own risk. Except as otherwise expressly provided herein, OnlineSensor is not responsible for any loss or damage of any sort relating to User dealings with these third-party sites or services. We encourage Users to be aware of when they leave the Services, and to read the terms and conditions and privacy policy of any third-party website or service that they visit.

Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that OnlineSensor is not liable for any loss or claim that you may have against any such third party.

SOCIAL NETWORKING SERVICES

You may enable or log into the Services via various online third party services, such as social media and social networking services like Facebook or Twitter ("Social Networking Services"). By logging in or directly integrating these Social Networking Services into the Services, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and OnlineSensor's use, storage and disclosure of information related to you and your use of such services within OnlineSensor (including your friend lists and the like), please see our Privacy Policy at https://onlinesensor.com/global/privacy-policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and OnlineSensor shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Services.

In addition, OnlineSensor is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, OnlineSensor is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. OnlineSensor enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

Payment Services

Campaigner Owners that accept PayPal and Contributors that use PayPal in connection with a Campaign acknowledge and agree to comply with PayPal’s Crowdfunding and Acceptable Use Policies. By continuing to operate as a Campaign Owner on OnlineSensor, you agree to be bound by the respective payment processor’s Services Agreement, as the same may be modified by them from time to time. As a condition to OnlineSensor enabling credit card payment processing services through these payment processors, you agree to provide OnlineSensor accurate and complete information about you and your business, and you authorize OnlineSensor to share any such information with them, as well as transaction information related to your use of the payment processing services provided by them. In all cases, standard credit card or other third party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.

Indemnity

Each User agrees to defend, indemnify and hold harmless OnlineSensor, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. OnlineSensor may assume the exclusive defense and control of any matter for which Users have agreed to indemnify OnlineSensor and each User agrees to assist and cooperate with OnlineSensor in the defense or settlement of any such matters.

No Warranty

OnlineSensor has no fiduciary duty to any User. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT USER'S OWN RISK.

Limitation of Liability

ONLINESENSOR (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO ONLINESENSOR FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ONLINESENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

For jurisdictions that do not allow OnlineSensor to limit its liability: Notwithstanding any provision of the Terms, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then OnlineSensor's liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, OnlineSensor does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents or (b) fraudulent misrepresentation or intentional misconduct or (c) any liability which it is not lawful to exclude either now or in the future.

Assignment

The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by OnlineSensor without restriction or consent.

Termination Survival

Termination may result in the forfeiture and destruction of all information associated with any User Account. Users may terminate their User Account by following the instructions on the Services, but OnlineSensor may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

Users agree that: (a) the Services shall be deemed solely based in Delaware (the principal place of business and corporate headquarters of OnlineSensor) and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over OnlineSensor, either specific or general, in jurisdictions other than Delaware. This Agreement shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles.

Arbitration

OnlineSensor and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory
  • claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising)
  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class and claims that may arise after the termination of this Terms of Service.

References to "OnlineSensor", "we", "you", and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, including, for example, the Federal Communications Commission or the Attorney General of your state. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and OnlineSensor are each waiving the right to a trial by jury or to participate in a class action. This Terms of Service evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Terms of Service.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to OnlineSensor should be sent to 913 N, Market Street, Suite 200, Wilmington, DE 19801, Attn: CEO, with a copy by email to support@onlinesensor.com ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If OnlineSensor and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or OnlineSensor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by OnlineSensor or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or OnlineSensor is entitled.

The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND ONLINESENSOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and OnlineSensor agree otherwise in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Notwithstanding any provision in these Terms of Service to the contrary, we agree that if OnlineSensor makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

Disclaimers

Campaign Owners and other Users should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. OnlineSensor merely provides a technology platform to allow Campaign Owners to connect with Contributors. Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law. OnlineSensor makes no representations, warranties or other assertions as to the potential tax deductible status of any Contribution by a Contributor to a charitable cause or to a Campaign whose purported recipient is a recognized 501(c)(3) or other tax -advantaged organization under the Internal Revenue Code. The listing of an organization via the Services does not necessarily mean that the organization has been deemed— or remains currently deemed—a charitable or tax-advantaged organization by the Internal Revenue Service.

English Language

In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the U.S.

Export Compliance

Users agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act ("Export Laws"), each User states that such User is: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control ("OFAC") comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if a Campaign is deemed to be in violation of Export Laws.

Cooperation with Authorities and Police Enforcement

We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.

Notification Procedures

Users agree OnlineSensor may provide notifications to such User via email, written or hard copy notice, or through conspicuous posting of such notice on our website. Users may opt out of certain means of notification or to receive certain notifications.

Unsolicited Idea Submissions

Consistent with our culture of open innovation, we are always pleased to hear from our user community and welcome comments or suggestions to improve the Services. However, to avoid future misunderstandings when new products, services and features developed internally by OnlineSensor might be similar or even identical to a submission received by OnlineSensor, the following policy applies to all third party User submissions to OnlineSensor of ideas, comments, suggestions, proposals or materials: (a) all submissions shall be considered non-confidential and non-proprietary (b) OnlineSensor will have no obligation concerning the submission, contractual or otherwise (including, without limitation, confidentiality) (c) OnlineSensor will not be liable for any use or disclosure of any submission and (d) OnlineSensor shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to the third party submitting User.

Entire Agreement/Severability

These Terms are the entire agreement between each User and OnlineSensor regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. OnlineSensor's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Changes to Terms

OnlineSensor may alter the Terms at any time, so please review them frequently. If a material change is made, OnlineSensor may notify Users in the Services, by email, by means of a notice on the Services, or other places we think appropriate. A "material change" will be determined at OnlineSensor's sole discretion, in good faith, and using common sense and reasonable judgment.

DMCA Complaints

If any User believes that its copyrighted work has been copied in a way that constitutes copyright infringement under the Digital Millennium Copyright Act of 1998 (the "DMCA") or that any User Content infringes such User's intellectual property rights and is accessible the Services, please notify OnlineSensor's Legal Department at copyright@onlinesensor.com. "Infringement" means the unauthorized or not permitted use of copyrighted material or other intellectual property rights. For such complaint to be valid, the User (the "Complainant") must provide the following information in writing (the "Notice of Infringement"):

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit OnlineSensor to locate the material.
  • information reasonably sufficient to permit OnlineSensor to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted.
  • a statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the Complainant, its agent, or the law.
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If any User (the "Respondent") believes that its material has been removed or disabled by mistake or misidentification, such Respondent may file a written counter-notice (the "Counter Notice") with the DMCA Agent, including the following information within five business days from receipt of the Notice of Infringement:

  • a physical or electronic signature of the Respondent
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled
  • a statement made under penalty of perjury that the Respondent has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material and the name, address, and telephone number of the Respondent, and a statement that the Respondent consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the Respondent's address is outside of the United States, for any judicial district in which the service provider may be found, and that the Respondent will accept service of process from the Complainant or an agent of the Complainant.

Upon receipt of the Counter-Notice by the DMCA Agent, a copy of the Counter-Notice may be sent to the Complainant informing the Complainant that OnlineSensor, at its discretion, may replace the removed material or cease disabling it in not less than ten, nor more than 14, business days following receipt of the Counter-Notice, unless the DMCA Agent receives written notice from the Complainant that the Complainant has filed an action seeking a court order to restrain the Respondent from engaging in infringing activity relating to the unauthorized use of the material on the Service.

ONLINESENSOR WILL TAKE NO ACTION UPON ANY FAILURE TO PROVIDE THE INFORMATION OR OTHERWISE FOLLOW THE PROCESS OUTLINED ABOVE.

In accordance with the DMCA and other applicable laws, OnlineSensor has adopted a policy of terminating, in appropriate circumstances and at OnlineSensor's sole discretion, repeat infringers.

QUESTIONS? CONCERNS? SUGGESTIONS

Please contact us at support@onlinesensor.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Services.