Terms & Conditions
Welcome to Bright Funds!
You agree to be bound by these Terms & Conditions by engaging in any of the following:
- By accessing or using the Bright Funds Website (the “Website”),
- By accessing or using any of the Bright Funds Website together with all applications and other software made available by Bright Funds in connection with such services (the “Services”), including making donations through the Website, or
- By receiving donations through the Website.
THESE TERMS & CONDITIONS SHOULD BE REVIEWED CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. By accessing and using the Website or Services, or receiving donations, you (hereinafter referred to as “you” or “User”) signify that you have read, understand, acknowledge, and agree to be bound by these Terms & Conditions. You acknowledge that these Terms & Conditions are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged, including the use of the Website. You may not use the Website or Services and may not accept these Terms & Conditions if you are not of legal age to form a binding contract with Bright Funds. If you do not agree to these Terms & Conditions, you may not use the Website or Services or receive any donations made through the Website. If you do not agree with all of the terms and conditions in this Agreement, please do not access or use the Services
Most donations through the Website are made to Bright Funds Foundation, a California nonprofit, tax-exempt 501(c)(3) corporation (“Bright Funds Foundation”), in accordance with these Terms & Conditions. However, some donations made through the Website may be received and processed by an entity other than Bright Funds Foundation. In either instance, these Terms & Conditions will apply to your use of the Website. Bright Funds, Inc., a Delaware corporation, operates the Website and the Services and has contracted with Bright Founds Foundation as a commercial fundraiser for charitable purposes. These Terms & Conditions will apply equally to Bright Funds, Inc., and Bright Funds Foundation (“collectively herein referred to as “Bright Funds”), as well as the User.
This Agreement supersedes any previous agreement to which you and Bright Funds may have been bound. This Agreement may be modified by Bright Funds in its sole discretion from time to time and such modifications shall automatically become part of this Agreement and shall be effective once posted by Bright Funds on the Website (as indicated by the posted update date). Your participation in and use of the Services will be subject to any such modifications. You should review this Agreement from time to time for any modifications. If you do not agree with any such modifications, please immediately terminate your registered Bright Funds account, if any, as outlined in Section 9 below, and please immediately stop participating in, accessing and using the Services.
This Agreement will be binding on, inure to the benefit of and be enforceable against the parties, including Bright Funds and the User, and their respective successors and permitted assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
This Agreement is divided into the following sections:
- Participation in the Services and Establishment of Donor Advised Funds
- Proprietary Rights
- Acceptable Use
- Limitation of Liability
- Disputes with Non-profits
- Governing Law; Resolution of Disputes; Arbitration and Waivers
- Term; Termination
- Entire Agreement; Severability
1. Participation in the Services and Establishment of Donor Advised Funds.
Bright Funds manages the Website which allows Users to make contributions to Bright Funds Foundation for charitable purposes, including, but not limited to, contributions for the general charitable purposes for which Bright Funds Foundation has been formed, as well as contributions to Bright Funds Foundation in which Users (each also referred to as, a “Donor” and, collectively, “Donors”) recommend to Bright Funds Foundation how they wish their contribution used or distributed to other qualified charitable recipients as further detailed below. The Website also allows other charitable organizations which desire to benefit from the online programs of Bright Funds in the U.S. and abroad (each, a “Non-profit” and, collectively, “Non-profits”), to utilize the Services, including seeking or otherwise obtaining grants and/or contributions made through the Website.
- Contributions through the Services (“Contributions”) may be made generally to Bright Funds Foundation with no recommendation as to the use of the contribution or they may be made to Bright Funds Foundation with the Donor exercising the right to make non-binding recommendations to Bright Funds Foundation regarding grants to be made from Bright Funds Foundation (individually a Donor Advised Fund – or “DAF”). In either instance, you understand that your Contributions are specifically made to Bright Funds Foundation, a tax-exempt, IRC §501(c)(3) charitable organization. This includes cases in which you donate to a fund comprised of charities based both inside and outside of the United States and opt to “gross up” and pay the transaction fee so that the charities receive your full donation amount; in such cases your gross up is part of your donation to Bright Funds Foundation and will not be included in your donation to foreign charities. You further understand that contributions are transferred at intervals determined by Bright Funds Foundation consistent with applicable law and this Agreement. Contributions made with the recommendation that funds support Non-profits or causes outside the United States and contributions from non-United States donors may require a different philanthropic funding structure and may not be tax-deductible. For contributions that may be directed in support of charitable programs or causes outside of the United States, such contributions will be processed and distributed through a third party partner, which operates a platform similar to Bright Funds for support of charitable causes outside of the United States. By using Bright Funds and making a contribution to a charitable program or cause outside of the United States, you agree to be taken to such third party’s site for processing and you agree to be subject to such third party’s terms and conditions, and you are responsible for determining the tax deductibility of any such contribution.
- Bright Funds Foundation DAFs. Although Bright Funds Foundation is a public charity and receives donations from individuals, corporations and others and then makes grants to various charitable organizations, Bright Funds Foundation also sponsors DAFs. As such, it permits its donors to make charitable grant recommendations.
DONATIONS MADE TO BRIGHT FUNDS FOUNDATION ARE IRREVOCABLE AND CANNOT BE RETURNED. BRIGHT FUNDS FOUNDATION DONOR ADVISED FUNDS ARE NOT A SECURITY. ONCE A DAF IS ESTABLISHED, DONORS MAY OFFER ADVICE AS OUTLINED BELOW. HOWEVER, ALL DONORS ACKNOWLEDGE AND CONFIRM THAT BRIGHT FUNDS FOUNDATION OWNS ALL DAFS AND HAS THE ULTIMATE CONTROL, DISCRETION, AND AUTHORITY OVER ALL ASSETS THAT BRIGHT FUNDS FOUNDATION MAY HOLD IN THE FUNDS AND ALL INCOME THAT MAY BE DERIVED FROM THOSE ASSETS. DISTRIBUTIONS FROM THE DAFS SHALL BE MADE AT SUCH TIMES, IN SUCH AMOUNTS, IN SUCH WAYS, AND FOR SUCH PURPOSES AS BRIGHT FUNDS FOUNDATION SHALL DETERMINE, IN ITS SOLE AND INDEPENDENT DISCRETION, WITHIN THE SCOPE OF THE CHARITABLE PURPOSES OF BRIGHT FUNDS FOUNDATION. SEE BELOW FOR MORE INFORMATION.
- Donor Advice Recommendations for DAFs. Upon making a donation to Bright Funds Foundation to establish a DAF and upon acceptance by Bright Funds Foundation of a donation suggested for distribution to a qualified charitable organization, the donor may participate in the donor-advised program of Bright Funds Foundation. A donor may make non-binding recommendations to Bright Funds Foundation regarding grants to be made from the DAF established by the donor at Bright Funds Foundation. Bright Funds Foundation will not hold funds for ongoing advice nor will it invest DAF funds. The donor shall at all times serve as the advisor on the grant recommendation made. Grants may not be used to satisfy preexisting pledges or to provide a private benefit, for example, to pay dues or membership fees, purchase tickets to a benefit, pay the donor for time or services provided to a charity or purchase goods at charitable auctions. Grants may not be made for lobbying activities, political contributions or political campaigns.
- DAF Accounts. For any account established by a donor for which the donor will advise on grant making, Bright Funds Foundation:
- Establishes and maintains records for each donor showing the donor’s contributions, grants to charities from Bright Funds Foundation assets attributable to the donor’s contributions and other transactions with respect to such contributions, if any.
- Reviews the donor’s recommended charities.
- Provides statements electronically available to the donor.
If a recommended grant is approved, the grant will be made by Bright Funds Foundation directly to the grantee organization. Should there be issues precluding the grant from Bright Funds Foundation to a suggested organization and Bright Funds Foundation is unable to communicate with a donor after it has used reasonable efforts to do so, it reserves the right to transfer any donor funds to the Bright Funds Foundation general account to be used for grants to charities and charitable purposes determined by the Board of Directors. Therefore, donors should update any change to email or mail addresses.
- Grant recommendations may be made only at the time of donation. Grant recommendations are reviewed and processed following the receipt of the donation and grant recommendation.
- When a donor establishes a DAF, the donor may recommend one or more charities to receive grants from Bright Funds Foundation from their account. Each recommended charitable organization must be a United States charity exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code at the time of the grant and must be further classified as a public charity under Section 509(a)(1) or (a)(2), or a public school. There must be no private benefit whatsoever received as a result of the grant. The grant must not be used for political or lobbying purposes. Bright Funds Foundation will review each recommendation to determine the recommended charity’s status under Section 501(c)(3) and 509(a)(1) or (2) or as a public school. Bright Funds Foundation has the power to approve or disapprove any such recommendation.
- Bright Funds Foundation must grant to operating charities at least 5% of the average net assets held in DAF’s on a five-fiscal-year rolling basis. Bright Funds Foundation expects that its grant distributions will exceed that level in each year given its program to make grant distributions as soon as possible after the donation is made by the donor. However, if that level of grant activity is not attained, Bright Funds Foundation will identify any accounts from which grants over the same five-year period totaled less than 5% of each account’s average assets. Bright Funds Foundation will then contact the donor and request that they recommend grants of at least this amount. If a donor does not provide qualified grant recommendations within 60 days of such request, Bright Funds Foundation reserves the right to transfer up to 5% of assets from the account to Bright Funds Foundation’s general operating account for discretionary spending. If a donor fails to suggest a qualified grantee organization within thirty (30) days of the donation, then any DAF account balance for such donor will be transferred to Bright Funds Foundation’s general operating account.
- To ensure that all grant funds are used exclusively for charitable purposes in accordance with Bright Funds Foundation’s tax-exempt purpose and tax-exempt status, Bright Funds Foundation will conduct an investigation when it has reason to believe that grant funds are being used for the private benefit of any donor or other individual or otherwise for non-charitable purposes. Bright Funds Foundation reserves the right to take appropriate legal action if it determines that grant funds have been diverted for improper purposes.
- If it becomes necessary to dissolve or otherwise terminate Bright Funds Foundation, the Board will distribute the assets attributable to any account to the qualified organizations the donors thereof have most recently recommended and, in the absence of such a recommendation as the Board determines.
General Tax Benefits and Considerations for DAFs Distributing to Domestic Charities.
- For federal income tax purposes, an individual donor’s itemized deduction for a monetary donation to Bright Funds Foundation is currently limited to 50% of his or her adjusted gross income (as specially calculated). At the present time corporate deductions are limited to 10% of the corporation’s taxable income as specially calculated. The portion of any deduction that cannot be used in a year because of that limitation can be carried forward and used for up to five years after the year of contribution.
- No income, gains or other item of income or expense received or incurred by Bright Funds Foundation or allocated to or incurred by a donor’s account is attributable to the donor since he or she does not own assets assigned to the account.
- Each donor is responsible for determining the value for tax purposes of the donations he or she makes to Bright Funds Foundation. Bright Funds Foundation currently does not accept non-cash contributions for the establishment of a DAF.
Bright Funds Foundation has received a final ruling from the Internal Revenue Service classifying it as a public charity under Section 501(c)(3) and 509(a)(1)/170(b)(1)(A)(vi) of the Internal Revenue Code. Bright Funds Foundation was established to support charitable programs, charitable initiatives, and charitable organizations in order to enhance and improve the lives of those in need. To accomplish these purposes, it encourages and facilitates online giving opportunities to charitable organizations with the goal of increasing philanthropy while decreasing the cost of fundraising as a whole by providing the public with straightforward and secure ways to donate to, or volunteer for, charitable causes. Gifts may be made to Bright Funds Foundation at any time and are immediately deductible for federal income (subject to applicable restrictions) tax purposes upon acceptance by Bright Funds Foundation.
DONORS ARE URGED TO CONSULT THEIR ATTORNEYS, ACCOUNTANTS OR TAX ADVISORS WITH RESPECT TO QUESTIONS RELATING TO THE DEDUCTIBILITY OF VARIOUS TYPES OF CONTRIBUTIONS TO BRIGHT FUNDS FOUNDATION FOR FEDERAL AND STATE TAX PURPOSES.
1.3 Non-United States Donors. Non-U.S. donors and other donors wishing to contribute to foreign charitable organizations may use the platform, but acknowledge that they will be re-directed to Bright Funds Foundation’s third party international distribution partner, as set forth in section 1.2, herein. All such donations from non-U.S. donors and from donors wishing to support foreign charitable organizations are made through such distribution partner’s platform and are may not be tax deductible, depending upon the laws of the country in which the donor resides. You understand that you are solely responsible for determining the proper tax treatment for any contribution you make through the Services. Bright Funds has not and will not provide any tax or legal advice to you in connection with any contribution you might make. This Agreement does not attempt to define the tax implications of participating in the Services. If you participate in the Services, you should consult with your own accountants, tax advisors and legal advisors. Our third party international distribution partner shall provide any and all donation acknowledgments and shall be responsible for distributing funds to those foreign organizations and causes suggested by such donors. Provided, however, that in employee matching situations, the employer match may be made to Bright Funds Foundation. Bright Funds Foundation does not provide acknowledgment of contributions to non-U.S. donors.
1.4. Contribution Records. Records of each contribution you make are kept by Bright Funds Foundation and, if you have a registered account with Bright Funds, will be made available to you through our Website. Bright Funds Foundation will issue acknowledgments of qualified U.S contributions it receives through the site in accordance with Internal Revenue Regulations. By donating through the site, each Donor authorizes Bright Funds Foundation to share his/her/its name and basic contact information, as well as the amount of the donation, with any distributee charitable/Non-profit organizations participating in the platform.
1.5 Insufficient Donor Funds. In the event that you make a contribution and your payment does not clear (e.g., an eCheck does not validly deliver to Bright Funds Foundation the full amount of the intended contribution, or your payment provider reverses a payment originally intended for Bright Funds Foundation), you agree that Bright Funds may, in its sole discretion, (i) offset the amount of the insufficiently funded contribution against your Bright Funds Credit or (ii) withdraw and cancel your insufficiently-funded contribution from your account as not paid in full.
1.6 Automatic Contributions Feature; Auto-Donation of Funds. Without in any way limiting the earlier provisions of this Section 1, Bright Funds may implement Service features pursuant to which a User may – in lieu of manually accessing his or her registered account to specify a Contribution or Contributions to make – establish account settings to automatically make Contributions based on the User’s prior instructions and without further direct input from the User, based on User-selected preferences and other business factors and parameters as may be determined by Bright Funds in its sole discretion. To the extent a User chooses to activate the automatic contribution feature on the User’s registered account, and depending on the particular preferences selected by the User, the automatic contribution feature will remain active until deactivated by either the User or Bright Funds.
1.7 User Account Inactivity. Bright Funds welcomes its Users’ active participation in the Services. However, there may be occasions when a User becomes “inactive” for an extended period of time – i.e., a User does not log in to his or her Bright Funds account or there are no financial transactions made to such User’s account. Should an account become inactive for a period of 24 or more consecutive months, Bright Funds may elect to automatically terminate the inactive User account. Bright Funds is not responsible for retaining records for terminated accounts.
2. Proprietary Rights
“Bright Funds”, the “Bright Funds” logo and other Bright Funds graphics, logos, designs, page headers, button icons, scripts, names and branding are trademarks, service marks or trade dress of Bright Funds, Inc. (“Bright Funds Marks”). Bright Funds Marks may not be used in any manner not expressly authorized by Bright Funds, Inc. in writing, including, without limitation, as part of trademarks or domain names, or in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Bright Funds, Inc.. Bright Funds, Inc., or its licensors own and retain all proprietary rights in the Services and all content, material and information posted, uploaded, transmitted or otherwise shared by Bright Funds thereon (collectively, “Content”). The Services contain the copyrighted material, trademarks and other proprietary information of Bright Funds, Inc. and its licensors. You may display and make limited copies of the Content (other than the Bright Funds Marks) for your personal, non-commercial use in connection with your participation in the Services (except as provided herein), but you may not alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy, transmit or use any Content or other such proprietary information without the express, prior written permission of Bright Funds, Inc. In addition, to the extent you receive information from Bright Funds, or organizations affiliated with Bright Funds, and that information is later removed from the Website (including, without limitation, due to disassociation of Bright Funds from a Non- profit or other organization), you may not further disclose or otherwise provide such information to another party in a way that allows identification of such Non-profit, except as legally required or as necessary to claim tax benefits.
If you are a charitable organization receiving distributions from Bright Funds Foundation as a result of the site; if you post, upload, submit, transmit or otherwise share any messages or other content, information, images, photographs, pictures or other materials on or through the Services or to Bright Funds in connection with or arising from your participation in the Services, including without limitation acting as a distributee charity or featured fund charity of Bright Funds Foundation or the platform; or if you provide any feedback to Bright Funds (collectively, “User Generated Content”), you agree to grant, and hereby grant, to Bright Funds an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to: (a) use the name, logo, mission statement, and similar intellectual property of your charitable organization or nonprofit on the site; (b) use, copy, perform, display and distribute the User Generated Content; (b) modify, alter, prepare derivative works of, and/or incorporate into other works, the User Generated Content; and (c) grant and authorize sublicenses of the foregoing. You represent and warrant that you have the right, power and authority to grant the foregoing license. In addition, you agree to release, discharge and agree to hold harmless Bright Funds from any and all claims or liability, whether known or unknown, including any and all claims in connection with the publication, production, processing, distribution or exploitation of licensed property or the User Generated Content, including, without limitation, any claims of infringement or violation of any intellectual property, moral, publicity, privacy or proprietary rights.
- Reasonably sufficient details to enable Bright Funds to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
- Reasonably sufficient details to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
- Your contact information so that we can contact you (for example, your address, telephone number, email address);
- A statement that you have a good faith belief that the use of the material identified by you is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
- Your physical or electronic signature.
Then send this notice to Bright Funds, Inc., PO Box 31980, Oakland, CA 94604, Attn: Copyright Agent or by email to email@example.com
If material that you have posted to the Services has been taken down, you may file a counter-notification that contains the following details:
- 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 disabled;
- A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
- Your name, address and telephone number;
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Bright Funds is located and that you will accept service of process from the person who submitted a notice in compliance with Section (c)(1)(C) of the DMCA, as generally described above; and
- Your physical or electronic signature.
Then send this notice to Bright Funds based on the contact information provided above in this Section.
The Services contain (or you may be sent through the Services) links to other web sites (“Third Party Sites”), as well as content, information, images, photographs, pictures and materials (including, without limitation, text, graphics, designs, music, sound, video, information and software) belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Bright Funds, and Bright Funds is not responsible for any Third Party Sites accessed through the Website or any Third Party Content posted, uploaded, transmitted or otherwise shared on the Website, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Bright Funds. If you decide to leave the Website and access a Third Party Site, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.
In addition, Bright Funds 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, Bright Funds 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. Bright Funds enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation. Software available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using such software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.
3. Acceptable Use
Although Bright Funds assumes no obligation to monitor the conduct of any User on or off the Services, it is a violation of this Agreement to use the Services, or any information obtained from the Services, in order to: (i) harass, abuse, or harm another person (including, but not limited to, using profanity in messages or engaging in misleading communications), (ii) prevent or exclude others, who are using the Services in compliance with this Agreement, from accessing, viewing or funding a particular organization, or (iii) contact, advertise to, solicit, or sell to any other User, Non-profit or other person without their prior explicit consent. In order to protect such persons from such advertising, solicitation or harassment, Bright Funds reserves the right to remove content from the Services that violates acceptable use in Bright Funds’ sole discretion and restrict the number of emails or messages that a User may send to others through the Website in any 24-hour or other period to a number that Bright Funds deems appropriate, in Bright Funds’ sole and absolute discretion.
Bright Funds reserves the right at all times (but will not have an obligation) to remove or refuse to post or distribute any Third Party Content or User Generated Content, and to restrict, suspend or terminate the participation of any User from the Services at any time, with or without prior notice. Without in any way limiting the foregoing, it is a violation of this Agreement to post, upload, submit, transmit or otherwise share any content, including, but not limited to, written materials or images, that in Bright Funds’ opinion is obscene, harassing, contains profanity, or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; contains graphic or gratuitous violence; or is defamatory, libelous, or invades another person’s privacy or proprietary rights.
In consideration of your use of or participation in the Services, whether as a donor or distributee charity/Nonprofit, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms in connection with the Services (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Bright Funds, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You agree not to impersonate any person or entity.
Bright Funds is not responsible, and shall have no liability, for any incorrect or inaccurate content made available in connection with the Services or any liability, cost or expense you may incur in connection with the Services, whether caused by any User, Non-profit or other person or by any of the equipment or programming associated with or utilized in the Services. You also acknowledge and agree that charitable organization distributees and/or Non-profit distributees are not liable for content made available in connection with the Services. Bright Funds is not responsible for the conduct, whether online or offline, of any User of the Services or any other person. With respect to the Services, Bright Funds assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications. Under no circumstances will Bright Funds be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from any use of or participation in the Services, including without limitation any content posted, uploaded, submitted, transmitted or otherwise shared on the Services or any interactions between any Users of the Services, whether online or offline. Bright Funds does not represent, warrant, covenant, guarantee or promise any specific results from use of the Services.
THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE SERVICES, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF AND PARTICIPATION IN THE SERVICES.
Bright Funds makes no representation or warranty, express or implied, with respect to any third party data provided to Bright Funds or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. Bright Funds will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by Bright Funds or “force majeure” or any other cause beyond the control of Bright Funds.
5. Limitation of Liability
You understand that any and all decisions made by you with respect to the Services are yours alone. Bright Funds cannot and does not verify the accuracy of information from other Users or Non-profits. Bright Funds shall not be responsible, or have any duty or obligation to, or liability for: (a) decisions or interactions resulting (directly or indirectly) from participation in the Services; or (b) any damages, costs, losses or expenses a User incurs as a result (directly or indirectly) of receiving funds from Bright Funds Foundation, making a Contribution to Bright Funds Foundation, directing a contribution to a distributee charitable organization, or as a result (directly or indirectly) of otherwise utilizing the Services or information received in connection with the Services. In addition, in no event will Bright Funds, Inc., or Bright Funds Foundation be liable to you or any third person for any damages, costs, losses or expenses, including any lost capital, lost profits or special, incidental, consequential or punitive damages arising from your use of or participation in the Services, even if Bright Funds, Inc., or Bright Funds Foundation have been advised of the possibility of such damages, costs, losses or expenses.
6. Disputes with Charitable Organization/Non-profit Distributees
Bright Funds is not responsible for your interactions with any Non-profits or charitable organizations benefitting from participation in the site, nor for any disputes or damages that may result from such interactions. Bright Funds reserves the right, but has no obligation, to monitor disputes between you and such organizations.
7. Governing Law; Resolution of Disputes; Arbitration and Waivers
7.1. Governing Law. This Agreement is governed by the laws of the State of California, USA, without regard to its choice of law or conflict of law provisions.
7.2 Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Bright Funds and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
7.3. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Agreement or the use of any Service provided by Bright Funds that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Bright Funds, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement.
7.4. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Bright Funds should be sent to: PO Box 31980, Oakland, CA 94604. After the Notice is received, you and Bright Funds may attempt to resolve the claim or dispute informally. If you and Bright Funds do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
7.5. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Agreement. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Bright Funds made to you prior to the initiation of arbitration, Bright Funds will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
7.6. Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
7.7. Time Limits. If you or Bright Funds pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
7.8. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Bright Funds, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Bright Funds.
7.9. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Bright Funds in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE BRIGHT FUNDS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
7.10. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER OR OTHER PARTY.
7.11. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
7.12. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
7.13. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
7.14. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Bright Funds.
7.15. Small Claims Court. Notwithstanding the foregoing, either you or Bright Funds may bring an individual action in small claims court.
7.16. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
7.17. Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
7.18. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within San Francisco County, California, for such purpose.
You agree to indemnify and hold Bright Funds and its affiliates, and their respective officers, directors, agents, employees, representatives and partners, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made or incurred by any third party due to or arising (directly or indirectly) out of your use of or participation in the Services or arising from your breach of any term or condition of this Agreement.
9. Term; Termination
This Agreement will remain in full force and effect while you access, use or participate in the Services and, not withstanding anything herein to the contrary, this Agreement will remain in effect after your participation in the Services and registered account is terminated. From time to time, Bright Funds may make features available to Users as part of the Services. Bright Funds reserves the right, in its sole discretion, to include or cease providing these features at any time. Whether or not you are and remain eligible to participate in the Services, use the Services may be determined by Bright Funds in its sole and absolute discretion. You may terminate your participation in the Services and registered account at any time and for any reason by following the instructions for such termination provided by Bright Funds. Bright Funds may also terminate your participation in the Services and registered account at any time and for any reason, effective upon transmission of notice to you at the email address you provide to Bright Funds. In addition, if your access to the Services is provided through an arrangement between Bright Funds and a third party organization (such as a company), your access to the Services and account may be terminated by such third party organization at any time and for any reason. If your participation in the Services and registered account is terminated by Bright Funds, you agree not to access, use or participate in the Services. If you violate this Agreement or if your participation in the Services or registered account is terminated, Bright Funds has the right to delete your profile and remove your User Generated Content.
10. Entire Agreement; Severability
This Agreement, accepted upon your access, use or participation in the Services and further affirmed by becoming a User, contains the entire agreement between you and Bright Funds regarding the use of the Services. This Agreement may not be orally amended. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.