Terms

User Agreement/Terms of Use

This User Agreement / Terms of Use (the “Agreement” or Terms”) is a contract between you (“you”, “your”,  “donor”, or “user”) and Boulder County Farmers Markets a 501(c)(4) Corporation (the “Company”, “we”, “us”, or “our”), and applies to use of the Boulder County Farmers Markets mobile application, website, and all related products and services (collectively, the “Boulder County Farmers Markets Services”).

You may use the Boulder County Farmers Markets Services only if you can form a binding contract with us and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these terms on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. If you cannot confirm the foregoing, then you must not accept these terms of use and may not use the site, the application or services. You may use the services only in compliance with these terms of use and all applicable laws and regulations.



We may amend or modify this Agreement at any time by posting via the Boulder County Farmers Markets Services or e-mail to you, and the revised Agreement shall be effective at such time. We may modify or discontinue any portion of the Boulder County Farmers Markets Services, and/or suspend or terminate your access to the Boulder County Farmers Markets Services at any time without notice to you. You automatically agree to the terms of affiliated third parties including Stripe, Plaid and Bstow, Inc.. You agree that we shall not be liable to you or any third party for any modification or termination of the Boulder County Farmers Markets Services, and/or suspension or termination of your access to the Boulder County Farmers Markets Services.

DEFINITIONS

• “Donor” or “End User” means any person who ultimately uses or is intended to ultimately use the Boulder County Farmers Markets Platform. 


• “Organization”, “Charity”, or “Donee” means any beneficiary organization listed on the Boulder County Farmers Markets Services to which donors can make financial contributions. 


• “Donation”, “Transaction”, “Financial Contribution”, or “Contribution” means any action which results in a financial contribution being made to a selected organization by a donor. 


• “Content” means the end products of consulting, coordinating and creative services including concepting, design, copywriting and rich media. All products of these services, also referred to as Content; including assets, files, presentations, renderings and intellectual property originated by Boulder County Farmers Markets is the property of the organization. 


• “Stripe” means Stripe, a provider of payment processing services.


• “Plaid” means Plaid Technologies, Inc., a provider of bank account authentication, identity validation, and payment detail and account balance capture services which support ACH transfers.


• “Spare Change”, “Round Up” or “Round Ups” means the amount of money donated based on the difference between an organic merchant credit or debit card charge and a full dollar amount of credit card or debit card charge selected by the Donor.  For example, where the merchant’s credit or debit card charge for an item is $23.25, the Donor has directed the Service to round up to the nearest five dollars and donate the difference, the Round-Up is $1.75. Another example is where the merchant’s credit or debit card for an item is $11.22, the Donor has directed the Service to round up to the nearest dollar and donate the difference, the Round Up is $0.88.


• “Platform” means a technology or online service domain including but not limited to mobile and web applications, websites, and all related products and/or services


• “IRS” means Internal Revenue Service

Donations

Your donation is managed by Boulder County Farmers Markets, a 501(c)(4) public charity, EIN 84-1084357. Boulder County Farmers Markets makes every reasonable effort to respect the wishes of its donors. However, to comply with federal tax laws and Internal Revenue Service regulations, Boulder County Farmers Markets must retain the exclusive authority, discretion, and legal control over all donated funds.

Permitted Uses by Organization Administrators

Any User who creates an account and receives financial contributions through the Boulder County Farmers Markets Services is subject to the following specific terms.

By enrolling your Organization and raising funds through the Boulder County Farmers Markets Services, you, as an organization administrator, represent and warrant that: (i) you are an authorized representative of the organization with the authority to solicit donations for the organization and are not impersonating any entity or otherwise misrepresenting your affiliation with an entity; (ii) any contributions collected through Boulder County Farmers Markets Services will be used solely as described or implied in the materials or information you post or otherwise provide through Boulder County Farmers Markets Services; (iii) all information you provide through Boulder County Farmers Markets Services is complete, accurate, and is not designed to mislead, defraud, or deceive any user; (iv) you will comply with all applicable laws and regulations when you use the Boulder County Farmers Markets Services and solicit funds through Boulder County Farmers Markets Services.


Agreement with Respect to Terms of Use


These Terms of Use constitute a legally binding agreement between the Company and you. You are responsible for regularly reviewing these Terms of Use. You can review the most current version of the Terms of Use at any time by going to www.bcfm.cheerfulgiving.com/pages/terms. Additional terms, including without limitation those set forth in the Agreements, may govern your use of certain Web pages within the Site or sections within the Application. In the event that any provision, term or guideline contained on a particular Web page in the Site or section of the Application conflicts with these Terms of Use, the terms of such Web page or section shall control over these Terms of Use. You acknowledge that you have read these Terms of Use, and accept, understand and will be bound by such terms and conditions. You further acknowledge that these Terms and Conditions, together with the Privacy Policy and terms governing any individual Web page or Application feature, represent the complete and exclusive statement of the agreement between us and supersede any proposal or prior agreement oral or written, and any other communications between us relating to your access or use of the Site, the Application and/or Services.



Registration


Certain features or services offered on or through the Platform may require you to open an account and set up a profile, providing certain personally-identifiable information, including but not limited to your name, your social security number or other tax identification number, your address, your email address, your phone number, information about your charitable giving and charity preferences (collectively, your “Client information”), and personal credit card, debit card, and bank account information (collectively, your “Payment information”). We reserve the right to restrict certain areas of information on the Site and Application to such registered users. You agree that you will maintain and promptly update your Client Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect such, we reserve the right to terminate your account and refuse any and all current or future use of the Site and/or the Application by you. You agree that you are authorized to provide your selected bank account details and use funds to contribute to charities and pay necessary processing fees to enable transactions through the Application. We are committed to your privacy, and our privacy policy (the “Privacy Policy”), the terms of which are incorporated herein, explains the policies put in place and used by us to protect your Client Information and your privacy as you visit and use the Site and/or Application and use our Services. You are solely responsible for maintaining the confidentiality of your member name and password. You are solely responsible for any activity that takes place on your account, and you agree to notify us immediately if you suspect or know of any unauthorized use of your member name, password, or account. The Company will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold harmless the Company and its managing members, officers, equity holders, employees, partners, parents, subsidiaries, agents, affiliates, and licensors (collectively, “Affiliates”), as applicable, for any improper, unauthorized or illegal uses of your account and as otherwise set forth in these Terms of Use.



Processing Fee


You expressly authorize Boulder County Farmers Markets to collect a processing fee for carrying out its services, defined as a 0% processing fee on donations made via the Platform to Organizations that have supplied authorized direct deposit information. If an Organization has not supplied direct deposit information, Boulder County Farmers Markets will collect a 0% processing fee to carry out the work of administering your donation. The processing fee shall not necessarily qualify charitable deduction. Fees are subject to change.



Power of Attorney


For as long as you are using the Boulder County Farmers Markets Services, you give to Boulder County Farmers Markets (“Attorney-in-Fact”) a limited power of attorney and appoint Boulder County Farmers Markets as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to (a) use any credit cards in your name which you have provided to Boulder County Farmers Markets and which you have selected to be used by the Boulder County Farmers Markets Services, Site and/or Application; (b) make deposits and withdrawals from any banking, savings, or brokerage accounts in your name including certificates of deposit, which you have provided to Boulder County Farmers Markets and which you have selected to be used by the Boulder County Farmers Markets Services, Site and/or Application; (c) allow Boulder County Farmers Markets’s employees or independent contractors to review the information you have provided to Boulder County Farmers Markets for its assistance in legal, tax, bookkeeping, financial, and housekeeping matters; and (d) make contributions and/or charitable gifts on your behalf using processes deemed most appropriate by Boulder County Farmers Markets, including but not limited to escrowing of funds meant for contribution and use of disbursement companies and payment gateways to deliver funds in a timely fashion, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with the Boulder County Farmers Markets Service, as fully to all intents and purposes as you might or could do in person. Once Boulder County Farmers Markets has actual knowledge that you wish to cease using the Boulder County Farmers Markets Service as provided in this Agreement or as otherwise permitted in this Agreement and has a reasonable opportunity to act on such knowledge, this limited power of attorney is automatically revoked; provided, however, that any act done by Boulder County Farmers Markets in good faith before it has actual knowledge of termination by you shall be deemed to be authorized by you. To notify Boulder County Farmers Markets that you wish to discontinue using the Boulder County Farmers Markets Service, you may send us an email as provided in this Agreement.



This limited power of attorney is given in compliance with the requirements of 12 Del. C. $ 49A-101 et.seq.. This limited power of attorney is given primarily for a business or commercial purpose and is given to facilitate a specified transfer or disposition of one or more assets, whether real, personal, tangible or intangible in accordance with 12 Del. C. $ 49A-103(a)(1) and (7).



You hereby revoke all prior Powers of Attorney that you may have previously executed to the extent that they contradict or nullify powers granted in this agreement (except for those for health care matters) and you retain the right to amend or revoke this Power of Attorney and to substitute other attorneys in place of the Attorney-in-Fact appointed herein by closing your account with Boulder County Farmers Markets and deleting the Application from your mobile device.



The authority of your Attorney-In-Fact shall terminate if you become disabled or incapacitated once you or your personal representative, as applicable, provides actual notice to Boulder County Farmers Markets that this Power of Attorney is to be terminated. Notwithstanding the above, any act done by Boulder County Farmers Markets in good faith before it has actual knowledge of your death or incapacity shall be deemed to be authorized by you.



This Power of Attorney shall be construed in accordance with the laws of the State of Colorado. The powers granted to the Attorney-in-Fact shall stay in effect for either the principal’s entire life or until revoked by the principal (whichever occurs first).

This Power of Attorney is effective immediately upon registration with the Boulder County Farmers Markets Services, Site and/or Application. By using the Boulder County Farmers Markets Services, Site and/or Application, you agree to all terms and that you have entered into this agreement with appropriate number of witnesses according to laws of the state in which you reside and/or use the Boulder County Farmers Markets Services, Site and/or Application.



YOU ACKNOWLEDGE AND AGREE THAT WHEN BOULDER COUNTY FARMERS MARKETS IS ACCESSING AND RETRIEVING INFORMATION FROM THE BOULDER COUNTY FARMERS MARKETS SERVICES, SITE, AND/OR APP, BOULDER COUNTY FARMERS MARKETS IS ACTING AS YOUR AGENT. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WHEN BOULDER COUNTY FARMERS MARKETS MAKES WITHDRAWALS OR DEPOSITS FROM ANY BANKING ACCOUNT, SAVINGS ACCOUNT, BROKERAGE ACCOUNT, CREDIT CARD, DEBIT CARD OR OTHER SIMILAR ACCOUNT WHICH YOU HAVE PROVIDED TO BOULDER COUNTY FARMERS MARKETS, BOULDER COUNTY FARMERS MARKETS IS ACTING AS YOUR AGENT. YOU AGREE THAT BOULDER COUNTY FARMERS MARKETS, ITS AFFILIATES AND PARTNERS SHALL BE ENTITLED TO RELY UPON THE FOREGOING AUTHORIZATION, AGENCY AND POWER OF ATTORNEY GRANTED BY YOU.




Links to Other Sites


The Site, Application and Boulder County Farmers Markets Services contain links to other independent third-party websites, and we provide links to third-party websites as part of the Boulder County Farmers Markets Services (in all cases “Linked Sites”). We are not responsible for and do not endorse the content of such Linked Sites, including any products, information or materials contained on such Linked Sites. Some of the content served by us will be from merchant sites, and sales through these sites may generate a commission payable to us.



Permitted Donor Uses


Subject to the provisions in these Terms of Use, you may use the Site and Application for non-commercial purposes to: (i) learn about the Boulder County Farmers Markets Services; (ii) learn about charities and (iii) enter into the Agreement; (iv) open an account to participate in the Boulder County Farmers Markets Services by tracking contributions (v) select an Organization to receive a contribution or receive aggregate Round Ups each month; (vi) transfer money to a selected charity or selected charities on a recurring basis; (vii) use an escrow service to hold funds until scheduled transfers to disbursement company or until funds meant for a specific charity are equal to at least $100; (viii) use a third-party disbursement company to make a best-effort attempt to distribute contributions to your selected charity; (ix) access statements and confirmations regarding transactions in connection with disbursement to your selected charity; (x) access and print or download copies of the current version of these Terms of Use, the Agreements, and other documentation relating to the Boulder County Farmers Markets Services; and (xi) make such other use of the Boulder County Farmers Markets Services, Site and Application as we may expressly permit from time to time in furtherance of the objectives and growth of the Boulder County Farmers Markets Services. Subject to these Terms of Use, we hereby grant you a personal, nontransferable, nonexclusive, non-sublicensable license to use the user interface of the Site, the Application and their respective Content and Services in accordance with these Terms of Use, and for no other purpose. All rights, title and interest in to the user interface and Content, including any software, on or through the Site and Application shall belong to us or our Licensors and Suppliers, including all modifications thereof and enhancements thereto. The Content and user interface made available from, on or through the Site or Application may not be copied, modified, republished, assigned, sold or distributed to you, nor may derivative works be prepared therefrom. The license granted to you pursuant to these Terms of Use is solely for your personal use (but not for resale or redistribution) as a user of the Boulder County Farmers Markets Services, Site or Application and may not be used for any other purposes. You shall not reverse engineer, decompile, or otherwise translate, in any way, the Content and user interface made available from, on or through the Site or Application. You have no right or claim of right to the Content or any unique ideas found on the Boulder County Farmers Markets Services, Site or Application. No ownership rights are granted to you hereunder and no title is transferred hereby.

Boulder County Farmers Markets Donor Services

Boulder County Farmers Markets authorizes its users to use our interactive platform to search, research, explore, and discover charities, to track and access your historical contributions (including one-time, recurring, and Round Up donations) made to selected charities, and to make financial contributions (via our third party payment gateway outside of the Application) to organizations listed on the Boulder County Farmers Markets Platform. Commercially reasonable best efforts will be made to send your contributions to the charity you specify within the Boulder County Farmers Markets Platform, and will be sent to a similar charity if contributions cannot be sent to your specific charity for any reason.


We are always working on new ways to improve our Services. We reserve the right to modify or change our Site, the Application or any of the Services, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Site, the Application or any Services. You acknowledge and agree that we shall not be liable to you or any third party in the event that we exercise our right to modify, change or discontinue the Site, the Application or any Services.



Prohibited Uses


You may not use the Boulder County Farmers Markets Site, Application or Services for any illegal or unlawful or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole judgment, including, without limitation, the laundering of proceeds of any unlawful activity, the financing of terrorism, the commission of fraud or market manipulation, the harassing or making of disparaging comments to any user of the Boulder County Farmers Markets Services, Site or Application. We reserve the right to take preventive or corrective actions to protect ourselves and our users. We reserve the right to disallow contributions to any charity if we determine the legality of their operations (as it relates to IRC 501(c)) is in question, their exempt status has been revoked, or if they will not accept contributions through the Boulder County Farmers Markets Services. Your use of the Site, the Application and Boulder County Farmers Markets Services is conditioned in part on your compliance with the rules of conduct provided herein, and your failure to comply may result in termination of your access to and use of the Site, the Application and Boulder County Farmers Markets Services and liability for damages caused by your noncompliance. In addition to the foregoing, while using the Site, the Application and Boulder County Farmers Markets Services, you may not, except as may be expressly set forth above under “Permitted Uses” (a) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another user’s account without permission, or solicit another user’s login information; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site, Application or Boulder County Farmers Markets Services ; (f) “frame” or “mirror” any portion of the Site, Application or Boulder County Farmers Markets Services ; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, Application or Services; (h) harvest or collect information about or from other users of the Site, Application or Services; (i) use the Site, Application or Boulder County Farmers Markets Services for any illegal activity; (j) probe, scan or test the vulnerability of the Boulder County Farmers Markets Services, Site or Application, or breach the security or authentication measures on the Boulder County Farmers Markets Services, Site or Application or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Boulder County Farmers Markets Services, Site or Application, including without limitation a denial of service attack; (k) send or otherwise post unauthorized commercial communications (such as spam); (l) engage in unlawful multi-level marketing, such as a pyramid scheme; (m) post content that is hateful, threatening or pornographic, incites violence, or contains nudity or graphic or gratuitous violence; (n) access or use any portion of the Content if you are a direct or indirect competitor of the Company, or provide, disclose or transmit any portion of the Content to any direct or indirect competitor of the Company; (o) use or distribute any Content, including Content that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product; or (p) facilitate or encourage any violations of this Section. Outside of charitable rewards provided to donors and Organizations for the purpose of encouraging generosity, the Boulder County Farmers Markets Platform shall not be used for quid pro quo arrangements whereby goods and/or services are provided in consideration of charitable gifts.


Your Warranties


The Boulder County Farmers Markets Services are provided on an “as is” and “as available” basis, without any representation or warranty, whether express, implied or statutory. Boulder County Farmers Markets specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Boulder County Farmers Markets does not guarantee continuous, uninterrupted, or secure access to any part of the Boulder County Farmers Markets Services, and operation of the Boulder County Farmers Markets Services may be interfered with by numerous factors outside of our control. Boulder County Farmers Markets will make reasonable efforts to ensure the timely processing of the Boulder County Farmers Markets Services, but Boulder County Farmers Markets makes no representations or warranties regarding the amount of time needed to complete processing because the Boulder County Farmers Markets Services are dependent upon many factors outside of our control, such as delays in the banking system, internet, mobile devices, electronic communications, and disbursement systems. We are not responsible for any delays, delivery failures or other damages resulting from such problems. We do not guarantee the Site, the Application or Services will be operable at all times. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, Application and Boulder County Farmers Markets Services, or any portion of the Site, Application or Boulder County Farmers Markets Services, (2) to modify or change the Site, Application or Boulder County Farmers Markets Services, or any portion of the Site, Application or Boulder County Farmers Markets Services, and any applicable policies or terms (except as described in the Privacy Policy); and (3) to interrupt the operation of the Site, Application and/or provision of Boulder County Farmers Markets Services, or any portion of the Site, Application or Boulder County Farmers Markets Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.



Your reliance upon the information available on the Site or Application or located through utilization of the Boulder County Farmers Markets Services and your interactions with third users identified through the Boulder County Farmers Markets Services is solely at your own risk. Your interactions with other users or advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other person or entity, and you agree that we will not be responsible for any loss or damages incurred as the result of any such dealing or with respect to any other person’s or entity’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party, we are under no obligation to become involved, and you agree that you will manage any such dispute or disagreement directly, and that you will not make any claims against us with respect to products or services purchased through your use of the Boulder County Farmers Markets Services.



Limitation of Remedies


In no event shall the company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages or any damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, the Application or related Services, the provision of or failure to provide the Boulder County Farmers Markets Services, or for any content, software, products and services made available or obtained through the Site, the Application, or their respective content, or otherwise arising out of the use or access of the Site, use of the Application or use of the Boulder County Farmers Markets Services, whether based on contract, tort, negligence, strict liability or otherwise, even if the company has been advised of the possibility of damages, any services or content made available or obtained through the use of the Site or the Application, and all other use of the Site or Application, is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results therefrom.



If you are dissatisfied with any portion of the Site, the Application or their respective content, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Site and uninstall the Application.



Indemnification


You agree to indemnify and hold Boulder County Farmers Markets, its affiliates, Service Providers, and each other their respective officers, directors, agents, joint venturers, employees, independent contractors and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees, or penalties imposed by any regulatory authority) arising out of or related to: (a) your breach of this Agreement, (b) your use of the Boulder County Farmers Markets Services, or (c) your violation of any law, rule or regulation, or the rights of any third party.



These Terms of Use are governed by the laws of the State of Colorado without regard to conflicts of laws and principles. Access or use of the Site and/or Application is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Boulder County Farmers Markets’s performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Site and/or Application or information provided to or gathered by us with respect to such use.



The term of these Terms of Use will continue for as long as we allow you access to and use of the Boulder County Farmers Markets Services. Sections titled “Power of Attorney,” “Processing Fee,” “Content and Materials”, “Warranties, Disclaimers and Limitations of Liability,” “Applicable Law and Jurisdiction,” “Interpretation,” and “Indemnification,” and this Section shall survive any termination or expiration of these Terms of Use.



We prefer that you contact us by email at support@cheerfulgiving.com.