Terms of Use for Fundraising Organizations

Welcome to David Teas For Kane. David Teas For Kane provides services
related to fundraising and growing an organization (as modified, collectively,
the “Fundraising Services”) through its SaaS-based platform
and mobile app (the (as modified, the “Mobile App” and
together with the SaaS-based platform, collectively, the “David Teas
For Kane Platform”) for campaigns and political committees, churches,
ministries, colleges, schools, universities, associations, nonprofits, and
foundations and other fundraising organizations (each, a “Fundraising
Organization” or “you”) and the third parties that
provide fundraising services to the fundraising organizations (each, a “Vendor
Organization” or “you” and together with the
Fundraising Organizations, collectively, each an “Organization”
or “you”) and their donors and other supporters (collectively,
each an “Donor” or “you”). The website
at https://www.teasforkane.com (the
“Site”) and the various other related fundraising tools,
services and other features, functions, software, applications and websites
(together with the Fundraising Services, the David Teas For Kane Platform and
the Site, collectively the “David Teas For Kane Services”) are
provided and operated, and are being made available to you and the other
Organizations, Donors and the other users of any of the David Teas For Kane
Services (collectively, the “Users”) by David Teas For Kane,
Inc. (“David Teas For Kane”, “us” or “we”).
All defined terms used herein shall have the meanings prescribed to these terms
in these Terms of Use.

IMPORTANT! THESE TERMS OF USE (“TERMS”) GOVERN YOUR USE OF THE
FUNDRAISING SERVICES, THE DAVID TEAS FOR KANE PLATFORM , THE SITE, AND THE
OTHER DAVID TEAS FOR KANE SERVICES. IF YOU ARE AGREEING TO THESE TERMS ON
BEHALF OF YOUR ORGANIZATION, REFERENCES TO “YOU” OR “YOUR” SHALL MEAN YOU, YOUR
ORGANIZATION AND ANY OTHER USER ACCESSING AND USING THE FUNDRAISING SERVICES,
THE DAVID TEAS FOR KANE PLATFORM AND THE OTHER DAVID TEAS FOR KANE SERVICES ON
BEHALF OF SUCH ORGANIZATION. BY CLICKING “I AGREE”, ACKNOWLEDGING YOUR
AGREEMENT IN WRITING, AGREEING VERBALLY, USING OR ACCESSING THE FUNDRAISING
SERVICES, THE DAVID TEAS FOR KANE PLATFORM, THE SITE OR ANY OF THE OTHER DAVID
TEAS FOR KANE SERVICES OR OTHERWISE SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS,
YOU REPRESENT AND WARRANT THAT (A) YOU ARE AUTHORIZED TO ENTER THESE TERMS OF
USE, AND ARE DOING SO, (B) YOU CAN LEGALLY ENTER INTO THESE TERMS, (C) YOU HAVE
READ AND UNDERSTAND AND AGREE THAT YOU SHALL BE BOUND BY THESE TERMS OF
USE AND DAVID TEAS FOR KANE’S PRIVACY POLICY
(HTTPS://WWW.TEASFORKANE.COM/PRIVACY/)(AS MODIFIED, THE “PRIVACY POLICY”) AND
ALL MODIFICATIONS AND ADDITIONS PROVIDED FOR. IF YOU DO NOT AGREE TO THESE
TERMS OF USE OR THE PRIVACY POLICY, PLEASE DO NOT USE THE FUNDRAISING SERVICES
OR ANY OF THE OTHER DAVID TEAS FOR KANE SERVICES.

These Terms contain an Arbitration provision which will, with
limited exception, require you to submit disputes you have against David Teas
For Kane to binding and final arbitration. You will only be permitted to pursue
claims against David Teas For Kane on an individual basis, not as a plaintiff
or class member in any class or representative action or proceeding; and you
will only be permitted to seek relief (including monetary, injunctive, and
declaratory relief) on an individual basis.

1. Eligibility.

To access and use the Fundraising Services, the David Teas For Kane
Platform, the Site and the other David Teas For Kane Services, you must be at
least 18 years of age. BY CLICKING THE “I AGREE” BUTTON, BY ACCESSING OR USING
THE FUNDRAISING SERVICES, THE DAVID TEAS FOR KANE PLATFORM OR ANY OF THE
OTHER DAVID TEAS FOR KANE SERVICES, YOU REPRESENT THAT:

• YOU HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE FUNDRAISING
SERVICES, THE DAVID TEAS FOR KANE PLATFORM, THE SITE, OR ANY OF THE OTHER
DAVID TEAS FOR KANE SERVICES;

• YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH DAVID
TEAS FOR KANE;

• YOU WILL COMPLY WITH THESE TERMS AND ALL APPLICABLE LOCAL, STATE AND
NATIONAL, RULES AND REGULATIONS; AND

• YOU ARE NOT A COMPETITOR OF DAVID TEAS FOR KANE AND DO NOT INTEND TO USE THE
FUNDRAISING SERVICES, THE DAVID TEAS FOR KANE PLATFORM OR ANY OF THE OTHER
DAVID TEAS FOR KANE SERVICES FOR REASONS THAT ARE IN COMPETITION WITH DAVID
TEAS FOR KANE OR OTHERWISE TO REPLICATE SOME OR ALL OF THE OTHER DAVID TEAS FOR
KANE SERVICES FOR ANY REASON.

2. Privacy.

Your privacy is important to David Teas For Kane. Our goal is to make the
Fundraising Services, the David Teas For Kane Platform and the other David
Teas For Kane Services as good, useful and rewarding for you as possible. In
order to do that, David Teas For Kane may collect and process information from
you when you use the Fundraising Services, the David Teas For Kane Platform or
any of the other David Teas For Kane Services. David Teas For Kane will collect
certain personally identifiable information from you as set forth in more
detail in our Privacy Policy. By accessing or using the Fundraising Services
and the David Teas For Kane Platform or any of the other David Teas For Kane
Services, you agree that David Teas For Kane may collect, use and disclose, as
set forth in the Privacy Policy, the information you provide when you access
and use the Fundraising Services and the David Teas For Kane Platform or any of
the other David Teas For Kane Services, and in some cases, information that is
provided by or through any of the David Teas For Kane Services.

3. The Fundraising Services.

3.1 Accessing and Using the Fundraising Services.

(a) Fundraising Organizations.

(i) To access and use the Fundraising Services, you, an individual with
legal and financial responsibility to control, manage or direct the Fundraising
Organization (the “Fundraising Account Owner” or “you”)
must apply to David Teas For Kane to register and create an account (a “Fundraiser
Organization Account”) through the sign-up process on the Site. This
process will include providing information to verify the identity of the
Fundraising Organization and supporting documentation. 

(ii) David Teas For Kane may reject any application to register and create
an account or to access and use the Fundraising Services in its sole
discretion.

(iii) The Fundraising Account Owner (or someone acting on behalf of the
Fundraising Account Owner) may invite team members from the Fundraising
Organization to access and use the Fundraising Services (collectively, an “Authorized
Fundraiser Organization User” or “you”). This may be
done as part of the initial application process or later at any point by going
to the Fundraising Organization’s Account Settings. Only Authorized Fundraiser
Organization Users can access and use the Fundraising Services on behalf of the
Fundraising Organization.

(b) Vendor Organizations.

(i) To access and use the Fundraising Services, you, an individual with
legal and financial responsibility to control, manage or direct the Vendor
Organization (the “Vendor Account Owner” or “you”
and together with the Fundraising Account Owner, collectively, the “Account
Owner” or “you”) must apply to David Teas For Kane to
register and create an account (a “Service Organization Account”
and together with the Fundraising Organization Accounts, collectively, an “Account”).
This process will include providing information to verify the identity of the
Vendor Organization and supporting documentation.

(ii) David Teas For Kane may reject any application to register and create
an account or to access and use the Fundraising Services in its sole
discretion.

(iii) The Vendor Account Owner (or someone acting on behalf of the Vendor
Account Owner) may invite personnel from the Vendor Organization to access and
use the Fundraising Services (collectively, an “Authorized Vendor
Organization User” or “you” and together with
the Authorized Fundraiser Organization Users,” each an “Authorized
User” or “you”). This may be done as part of the
initial application process or later at any point by going to the Fundraising
Organization’s Account Settings. Only Authorized Service Organization Users can
access and use the Fundraising Services on behalf of the Vendor Organization.

(c) Registration Data.

In registering and creating an Account, you agree to (i) provide true,
accurate, current, and complete information about yourself as prompted during
the registration and account creation process (“Registration Data”),
and (ii) maintain and promptly update the Registration Data, including your
PayPal information, to keep it true, accurate, current and complete. You are
responsible for all activities that occur under your Account. If you provide
any information that is untrue, inaccurate, not current, or incomplete, or
David Teas For Kane has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, David Teas For Kane has the
right to suspend or terminate your Account and prohibit you from accessing and
using the Fundraising Services and the David Teas For Kane Platform and/or any
of the other David Teas For Kane Services. You agree not to create an Account
using a false identity or information, or on behalf of someone other than
yourself. You agree that you shall not have more than one Account. You agree
not to create an Account or to access and use the Fundraising Services and the
David Teas For Kane Platform or any of the other David Teas For Kane Services
if you have been previously removed by David Teas For Kane or if you have been
previously banned from accessing and using the Fundraising Services, the David
Teas For Kane Platform or any of the other David Teas For Kane Services.

3.2 Account Pause; Account Closure.

(a) Pause. You have the right to temporarily pause your Account at any
time. You may do so by following the “pause” link. Any funds that are held
in custody for you at the time of pause, less any applicable fees, will be paid
out to you according to your payout schedule, assuming all payout-related
authentication requirements have been fulfilled.

(b) Closure. You have the right to permanently close your Account at
any time. You may do so by contacting us via email at david@teasforkane.com. You understand
and agree that David Teas For Kane may hold any funds in your Account for up to
90 days after the effective date of closure (the “Hold Period”).
Any funds that are still in your Account after the Hold Period, less any
applicable fees, will be paid out to you according to your payout schedule,
assuming all payout-related authentication requirements have been fulfilled.

(c) Effect of Pausing or Closing an Account. Pausing or closing an
Account will not relieve an Organization and its Account Owner and Authorized
Users of their continued obligations under these Terms, including the
obligations regarding payment of all fees or chargebacks related thereto or
other obligations to Donors who have made donations through the Fundraising
Services (each a “Donation”).

3.3 Inactive or Closed Accounts.

(a) David Teas For Kane shall use commercially reasonable efforts to
periodically (e.g., on a quarterly basis, etc.) notify the Organization of any
Account that has been inactive for at least six (6) months or otherwise been
closed by such Organization or David Teas For Kane in accordance with these
Terms (collectively, a “Closed Account”) and still has funds
in it (a “Remaining Balance”).

(b) The Organization shall promptly disburse any such Remaining Balance.

(c) If the Organization fails to disburse any such Remaining Balance within
six (6) months of receipt of David Teas For Kane’s initial notice in
accordance with Section 3.3(a), then David Teas For Kane
may withdraw and take control and possession of such Remaining Balance as
liquidated damages. You and your Organization agree that this amount
constitutes reasonable compensation for David Teas For Kane’s actual damages,
and shall not be classified as a penalty.

3.4 Representations and Warranties.

You represent and warrant to David Teas For Kane that: (a) you are eligible
to register and use the Fundraising Services and have the right, power, and
ability to enter into and perform under this Agreement; (b) any transaction
submitted by you will represent a bona fide transaction by you; (c) any sales
transactions submitted by you will accurately describe the goods and/or
services sold and delivered to a Donor or other purchaser; (d) you will fulfill
all of your obligations to each Donor or other purchaser in connection with any
transaction that is submitted through the Fundraising Services and will resolve
any consumer dispute or complaint directly with the Donor or other purchaser;
(e) you and all transactions initiated by you will comply with all federal,
state, and local laws, rules, and regulations applicable to your business,
including any applicable tax laws and regulations; (f) except in the ordinary
course of business, no transaction submitted by you through the Fundraising
Services will represent a sale to any principal, partner, proprietor, or owner
of your Organization; (g) you will not use the Fundraising Services or the
David Teas For Kane Platform, directly or indirectly, for any fraudulent
undertaking or in any manner so as to interfere with the use of the Service;
and (j) your use of the Fundraising Service and the David Teas For Kane
Platform will be in compliance with the Terms.

4. Fees; Payments; Taxes; Refunds; Merchant Agreement.

4.1 Fees.

(a) There are no fees for an Organization to register and create an Account
or to access and use the Fundraising Services.

(b) David Teas For Kane charges certain processing and other fees (as
modified, the “Processing Fees”) in connection with the
Donations and other purchases through the Fundraising Services. The current
Processing Fees can be found on the Site or will be provided upon request.

(c) In addition to the Processing Fees, you are also responsible for any
penalties or fines imposed in connection with your Account on you or David Teas
For Kane by David Teas For Kane or any Associations (as defined in the Merchant
Services agreement) resulting from your use of payment processing services in a
manner not permitted by this Agreement or an Association’s rules and
regulations.

(d) In addition to the Processing Fees, the Organization shall promptly pay
to David Teas For Kane any charge-backs, penalties or fines that may arise in
connection with its Account. If at any time, any amounts owing by an
Organization to David Teas For Kane are not paid when due for any reason,
including, any Processing Fees or charge-backs, penalties, or fines
(collectively, the “Unpaid Amounts”), then David Teas For Kane
may pursue any and all legal remedies to recover such Unpaid Amounts. As the
Account Owner of the Organization, you agree to be responsible to ensure that
the Organization’s David Teas For Kane Account remains current. These
obligations will survive the termination of the Organization or the
Organization’s use of David Teas For Kane’s Services.

(e) We may modify the Processing Fees at any time upon at least thirty (30)
days’ prior notice (or a longer period of notice if this is required by
applicable law). Such modified Processing Fees shall automatically be effective
after such notice period.

4.2 Accepted Forms of Payment.

The Fundraising Services support most domestic credit, debit, prepaid or
gift cards with a Visa, MasterCard, American Express, or Discover logo, and in
some cases in David Teas For Kane’s sole discretion, direct debit (electronic
checks) and PayPal. In addition, the Fundraising Services supports most
international cards with these logos. We may add or remove support for certain
payment cards at any time without prior notice. We may elect only to process
payment cards that receive an authorization from the applicable issuer. You
agree to accept all of the payment cards listed in accordance with these Terms.

4.3 Automatic Deductions.

(a) Unless otherwise agreed by the parties, the Account Owner and the
Organization authorizes David Teas For Kane to automatically deduct the
applicable Processing Fees from the Donations made through the Fundraising
Services.

(b) If any Organization enters into a billing or other agreement with
another Organization (a “Billing Agreement”) that provides for
the automatic deduction of any fees from the Donations and other purchases as
the fee for the provisions of services by such other Organization (as modified,
the “Services Fees”) and payment of such Services Fees to such
Organization, then each such Organization authorizes David Teas For Kane to
deduct the Services Fees from the applicable Donations and to pay the Services
Fees to such other Organization. Upon David Teas For Kane’s request, each of
the Organizations shall promptly provide to David Teas For Kane a fully
executed copy of any Billing Agreement and any amendments to such Billing
Agreement (but in no event later than five (5) business days after execution).

(c) Any Organization which has entered into a Billing Agreement as set forth
above, stipulates and agrees to the “Terms and Conditions” of the Billing
Agreement set forth in Exhibit “A,” below.

4.4 New Fees.

David Teas For Kane reserves the right at any time to begin charging for
services that it is currently providing free of charge upon posting on the
Fundraising Services, the David Teas For Kane Platform, the Site, any of the
other David Teas For Kane Services or by notifying you by email.

4.5 Taxes.

You are solely responsible for determining any and all taxes assessed,
incurred or required to be collected, paid or withheld in connection with your
use of the Fundraising Services. You are solely responsible for collecting,
withholding, reporting and remitting any taxes to the appropriate tax
authority. David Teas For Kane is not obligated to, and will not, determine
whether taxes apply, or calculate, collect, report or remit any taxes to any
tax authority arising from your use of the Fundraising Services.

4.6 Refunds.

(a) Refunds related to Processing Fees.

THE PROCESSING FEES ARE NON-REFUNDABLE, NON-CANCELLABLE AND NON-CREDITABLE
UNLESS (A) THE DONATION HAS BEEN VOIDED BY THE FUNDING ORGANIZATION OR
OTHERWISE PRIOR TO PROCESSING OR (B) OTHERWISE REQUIRED BY LAW OR AGREED TO BY
DAVID TEAS FOR KANE IN ITS SOLE DISCRETION.

(b) Refunds not related to Donations.

If you are an Organization, you agree to process returns of, and provide
refunds and adjustments for, goods or services through your Account in
accordance with this Agreement. You shall (i) maintain a fair return,
cancellation or adjustment policy; (ii) disclose your return or cancellation
policy to purchasers at the time of purchase, (iii) not give cash refunds to a
purchaser in connection with a payment card sale, unless required by law, and
(iv) not accept cash or any other item of value for preparing a payment card
sale refund. Your refund policies must be the same for all payment methods. If
the purchaser is dissatisfied with your refund policy, the purchaser may
chargeback the payment. You may not bill or collect from any purchaser for any
purchase or payment by means of a payment card unless the purchaser has
exercised chargeback, you have fully paid for the charge, and you otherwise
have the right to do so.

(c) Time to Initiate Refund.

The Donor must initiate a refund request within one hundred and eighty (180)
days from the date the donation was made.

4.7 Merchant Services Agreement.

If you create a Fundraising Organization Account or otherwise access or use
the Fundraising Services, you will automatically be deemed to have accepted,
and will be bound by, the Merchant Services Agreement (the “Merchant
Services Agreement“). The terms of the Merchant Services Agreement may
be independently enforceable by Acquirer (As defined therein). You understand
that the Merchant Services Agreement may be modified by the Acquirer in
accordance with the terms of the Merchant Services Agreement.

4.8 ACH Transactions.

Consistent with the rules of the National Automated Clearinghouse
Association (NACHA), David Teas For Kane employs a commercially reasonable
transaction detection system to screen internet-initiated ACH transactions for
fraud. As part of that system, David Teas For Kane may require that a Donor’s
account be validated for donations in excess of two hundred ($200.00) dollars.
This means that the Donor must verify that the account number to be used for
donation is a legitimate, open account to which ACH debit entries may be
posted.

5. Right to Access and Use; License; Unauthorized Use.

5.1 Right to Access and Use.

Subject to your compliance with all of the terms and conditions set out in
these Terms, David Teas For Kane hereby grants to you a limited, non-exclusive,
non-transferable, freely revocable right to access and use the Fundraising
Services, the David Teas For Kane Platform, the Site, and the other David Teas
For Kane Services, to the extent of, and in accordance with, these Terms (the “Right
to Use”).

5.2 License.

Subject to your compliance with all of the terms and conditions set out in
these Terms, David Teas For Kane hereby grants to the Organizations and the
Authorized Users a limited, non-exclusive, non-transferable, freely revocable
limited license to download, install and use the Mobile App solely in
connection with the Fundraising Services (the “License”).

5.3 Prevention of Unauthorized Use.

David Teas For Kane reserves the right to exercise whatever lawful means it
deems necessary to prevent the unauthorized access or use of the Fundraising
Services or the David Teas For Kane Platform or the circumvention of the other
David Teas For Kane Services, including, but not limited to, technological
barriers, IP mapping, and directly contacting your Internet Service Provider
(ISP) regarding such unauthorized use.

5.4 Account Security.

David Teas For Kane prohibits the use of shared email accounts for
Fundraising Account Owners/Users. You are responsible for securing and
controlling access to your Organization’s Fundraising Account. TO THE EXTENT
NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL DAVID TEAS FOR KANE BE
LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE
DAMAGES RESULTING FROM A LOSS OF FUNDS, DATA, BUSINESS, GOODWILL, BUSINESS
INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED
TO YOUR FAILURE TO SECURE ACCESS TO YOUR ORGANIZATION’S DAVID TEAS FOR KANE
ACCOUNT.

6. Additional Agreements and Policies.

When accessing or using the Fundraising Services, the David Teas For Kane
Platform or any of the other David Teas For Kane Services, you may be subject
to (a) additional agreements (each, an “Additional Agreements”)
and (b) any additional posted policies, guidelines or rules applicable to the
Fundraising Services, the David Teas For Kane Platform, the Site and the other
David Teas For Kane Services which may be posted from time to time (as modified
from time to time, the “Policies”). All such Additional Agreements
and Policies are hereby incorporated by reference into these Terms.

7. Respecting other People’s Rights.

David Teas For Kane respects the rights of others and so should you. You
therefore shall not:

• violate or infringe someone else’s rights of publicity, privacy,
copyright, trademark, or other intellectual property right;

• post anything that is unlawful, threatening, abusive, harassing, defamatory,
libelous, deceptive, fraudulent, invasive of another’s privacy, tortious,
obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity,
contains or depicts sexual activity, harassing, hateful, racially or ethnically
offensive, or that encourages conduct that would be considered a criminal
offense, gives rise to civil liability or violates any law, or is otherwise
inappropriate as determined by David Teas For Kane in its sole discretion;

• post anything that is false, misleading, untruthful or inaccurate or that
includes anyone’s personal information; or

• impersonate any person or entity, including any of David Teas For Kane’s
employees or representatives or any other User.

8. Modification of these Terms.

David Teas For Kane reserves the right, at its sole discretion, to change,
modify, add, or remove portions of these Terms or any Policies at any time by
posting the amended Terms and/or Policies to the Site or any of the other David
Teas For Kane Services. If David Teas For Kane updates these Terms, it will
update the “last updated” date at the top of the Terms. Please
check these Terms, including any Additional Agreements and Policies,
periodically for changes. Your continued use of the David Teas For Kane Platform
or any of the other David Teas For Kane Services after the posting of changes
constitutes your binding acceptance of such changes. In the event of a change
to these Terms that materially modifies your rights or obligations (including
applicable fees), David Teas For Kane will use commercially reasonable efforts
to notify you of such change. David Teas For Kane may provide notice through a
pop-up or banner within any of the David Teas For Kane Services, by sending an
email to any address you may have used to register for an Account, or through
other similar mechanisms. Additionally, if the changed Terms materially modify
your rights or obligations, David Teas For Kane may require you to provide
consent by accepting the changed Terms. If David Teas For Kane requires your
acceptance of the changed Terms, changes are effective only after your
acceptance. For all other changes, except as stated elsewhere by David Teas For
Kane, such amended Terms or Policies will automatically be effective, replacing
the previously-effective Terms or Policies, thirty (30) days after they are
initially posted on any of the David Teas For Kane Services. IF AT
ANY TIME YOU DO NOT AGREE TO THESE TERMS OR POLICIES, PLEASE IMMEDIATELY
TERMINATE YOUR USE OF THE FUNDRAISING SERVICES AND ALL OTHER DAVID TEAS FOR
KANE SERVICES.

To the extent that any modifications to the Terms, Additional Agreements or
Policies are not allowed under applicable laws, the prior most recent version
of the Terms, Additional Agreements or Policies shall continue to apply.

9. Digital Millennium Copyright Act.

It is David Teas For Kane’s policy to respond to notices of alleged
copyright infringement that comply with the Digital Millennium Copyright Act.
For more information, please go to David Teas For Kane’s DMCA Notification
Guidelines. If you file a notice with our copyright agent, it must comply with
the requirements set forth in 17 U.S.C. § 512(c)(3).
David Teas For Kane reserves the right to terminate without notice any
Organization’s or other User’s access to the Fundraising Services, the David
Teas For Kane Platform, the Site and the other David Teas For Kane Services if
that Organization or other User is determined by David Teas For Kane to be a
“repeat infringer.” In addition, David Teas For Kane accommodates and does not
interfere with standard technical measures used by copyright owners to protect
their materials.

10. Technical Support.

David Teas For Kane provides technical support in connection with the
Fundraising Services and the other David Teas For Kane Services via (a) email
at david@teasforkane.com, (b) phone at
225-250-1301, (c) chat through the Site, (d) social media messaging (e.g.,
Facebook, Instagram, etc.) and (e) SMS. Support hours are 8:00 am to 6:00 pm
CST excluding all Federal, state and other company holidays.

11. Content.

11.1 Posting Content.

Subject to Section 7 and this Section
11, the Fundraising Services, the David Teas For Kane Platform
and the other David Teas For Kane Services may now, or in the future, permit
the submission and/or posting or linking of pictures, audio and video
recordings, text, data, information and other content linked, posted, and/or
submitted by you or other Account Owners or Authorized Users, in each case
whether or not made available to other Users (“Content”). You
may remove any of your Content at any time; however, you acknowledge and agree
that David Teas For Kane may still have access to such Content and that the
licenses granted by you to David Teas For Kane in Section 11.2 will
remain in effect despite your removal of the Content. David Teas For Kane may
delete any Content at any time in its sole discretion.

11.2 Limited License Grant to David Teas For Kane.

By uploading, providing, posting, distributing or disseminating any Content
to or through the Fundraising Services, the David Teas For Kane Platform
and the other David Teas For Kane Services, you hereby grant to David Teas For
Kane a worldwide, non-exclusive, perpetual, irrevocable, transferable,
sublicensable (through multiple tiers), assignable, fully paid-up,
royalty-free, license to host, transfer, display, perform, reproduce,
distribute, modify and otherwise exploit your Content (and any copyrights, publicity,
database and other proprietary rights therein), in connection with the
Fundraising Services, the David Teas For Kane Platform and the other David
Teas For Kane Services and David Teas For Kane’s (and its successors’ and
affiliates’) business.

11.3 Content Use by Other Users.

You hereby consent to the use of your Content by Donors and other Users that
are authorized to access your Content in the manner contemplated by these Terms
and any of the David Teas For Kane Services.

11.4 Content Representations and Warranties.

You are solely responsible for the accuracy, quality, integrity, legality,
reliability, and appropriateness of all of your Content and the consequences of
posting or publishing any Content. By uploading and publishing your Content,
you affirm, represent, and warrant that: (a) you are the creator and owner of
or have the necessary licenses, rights, consents, and permissions to use and to
authorize David Teas For Kane and the Users to use and distribute your Content
as necessary to exercise the licenses granted by you in this Section
11 and in the manner contemplated by David Teas For Kane and
these Terms; (b) your Content does not and will not: (i) infringe, violate, or
misappropriate any third-party right, including any copyright, trademark,
patent, trade secret, moral right, privacy right, right of publicity, or any
other intellectual property or proprietary right or (ii) slander, defame,
libel, or violate or invade the right of privacy, publicity or other rights of
any person or entity; and (iii) your Content does not contain any viruses,
adware, spyware, worms, or other malicious code or any content or file that
provides a method to access to potentially infringing content outside of any of
the David Teas For Kane Services. Violators of these third-party rights may be
subject to criminal and civil liability. David Teas For Kane reserves all
rights and remedies against any Users who violate these Terms.

11.5 Content Disclaimer.

You understand that when accessing or using any of the David Teas For Kane
Services you may be exposed to Content or other materials from a variety of
sources, and that David Teas For Kane is not responsible for the accuracy,
usefulness, or intellectual property rights of or relating to such Content and
other content. You further understand and acknowledge that you may be exposed
to Content and other materials that are inaccurate, offensive, indecent, or
objectionable, and you agree to waive, and hereby do waive, any legal or
equitable rights or remedies you have or may have against David Teas For Kane
with respect thereto. David Teas For Kane does not endorse any Content and
other material or any opinion, recommendation or advice expressed therein, and
David Teas For Kane expressly disclaims any and all liability in connection
with Content and other materials. If notified by a User or a content owner of
any Content or other content or materials that allegedly do not conform to
these Terms, David Teas For Kane may investigate the allegation and determine
in its sole discretion whether to remove the Content or other content or
materials, which it reserves the right to do at any time and without notice.
For clarity, David Teas For Kane does not permit copyright infringing
activities on or through any of the David Teas For Kane Services.

12. Prohibited Conduct; Links to the Site.

12.1 Prohibited Conduct.

BY ACCESSING OR USING THE FUNDRAISING SERVICES, THE DAVID TEAS FOR KANE
PLATFORM OR ANY OF THE OTHER DAVID TEAS FOR KANE SERVICES YOU AGREE NOT TO:

(a) Decipher, decompile, disassemble, reverse engineer, modify, translate,
or otherwise attempt to derive source code, algorithms, tags, specifications,
architectures, structures or other elements of the David Teas For Kane Platform
or any of the other David Teas For Kane Services, in whole or in part (except
to the extent that the laws of your jurisdiction make such restrictions
unenforceable);

(b) Access or use the Fundraising Services, the David Teas For Kane Platform
or any of the other David Teas For Kane Services for the benefit of anyone
other than yourself except in accordance with these Terms, including selling,
reselling or distributing, in whole or in part, the Fundraising Services, the
David Teas For Kane Platform or using the Fundraising Services or the David
Teas For Kane Platform as part of a service bureau or outsourcing offering;

(c) Provide any services, directly or indirectly, that are similar to, or
based on, the Fundraising Services, the David Teas For Kane Platform or any of
the other David Teas For Kane Services;

(d) Copy, disclose, or distribute any data or other information available
through the Fundraising Services, the David Teas For Kane Platform or any of
the other David Teas For Kane Services and/or information, in any medium,
including without limitation on the Site, by any automated or non-automated
“scraping;”

(e) Interfere with, circumvent or disable any security or other
technological features or measures of any of the David Teas For Kane Services
or attempt to gain unauthorized access to any of the David Teas For Kane
Services or its related systems or networks;

(f) Use bots or other automated methods to: access the Fundraising Services,
the David Teas For Kane Platform and/or any of the other David Teas For Kane
Services, or download any information, send or redirect messages or perform any
other activities through any of the David Teas For Kane Services;

(g) Take any action that David Teas For Kane determines, in its sole
discretion, imposes or may impose, an unreasonable or disproportionately large
load on its infrastructure;

(h) Upload invalid data, viruses, worms or other software agents through the
David Teas For Kane Platform and/or any of the other David Teas For Kane
Services;

(i) Collect or derive any personally identifiable information, including
names, email addresses from the Fundraising Services, the David Teas For Kane
Platform and/or any of the other David Teas For Kane Services except as may be
expressly contemplated by these Terms and the Privacy Policy;

(j) Impersonate any person or entity, use a fictitious name, or misrepresent
your affiliation with a person or entity;

(k) Use the Fundraising Services, the David Teas For Kane Platform or any of
the other David Teas For Kane Services for any unlawful or inappropriate
activities, such as transmission of deceptive messages, or harassment; or

(l) Use any of the David Teas For Kane Services for any commercial
solicitation purposes except as may be expressly contemplated by these Terms.

12.2 Links to the Site.

Unless otherwise agreed in writing by David Teas For Kane, you must adhere
to following linking policy: (a) the appearance, position and other aspects of
the link may not be such as to damage or dilute the goodwill associated with
David Teas For Kane’s or its licensors’ names and trademarks; (b) the
appearance, position and other attributes of the link may not create the false
appearance that your organization or entity is sponsored by, affiliated with,
or associated with David Teas For Kane; and (c) when selected by a user, the
link to the Site must display the Site on full-screen and not within a “frame”
on the linking website, except as permitted by David Teas For Kane for purposes
of embedding a campaign form onto an Organization’s website. David Teas For
Kane reserves the right to revoke its consent to the link at any time and in
its sole discretion.

13. Third-Party Sites.

The David Teas For Kane Platform and the other David Teas For Kane Services
may now or in the future include links or references to other web sites or
services (“Third-Party Sites”) solely as a convenience to the
Organizations and other Users. David Teas For Kane does not endorse any such
Third-Party Sites or the services, information, materials, products, or
services contained on or accessible through Third-Party Sites. In addition,
your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through any of the David Teas For Kane Services are
solely between you and such advertiser. Access and use of Third-Party Sites,
including the information, materials, products, and services on or available
through Third-Party Sites are solely at your own risk.

14. Mobile and Data Services.

You are responsible for any mobile and data charges that you may incur for
accessing and using the Fundraising Services, the David Teas For Kane Platform
or any of the other David Teas For Kane Services. If you’re unsure what those
charges may be, you should ask your service provider before using any of the
David Teas For Kane Services.

15. Termination; Terms of Use Violations; Effect of Termination.

15.1 David Teas For Kane.

You agree that David Teas For Kane in its sole discretion, for any or no
reason, and without penalty, may terminate your access and use of the
Fundraising Services, the David Teas For Kane Platform or any of the other
David Teas For Kane Services or any Account (or any part thereof) that you may
have with David Teas For Kane and remove and discard all or any part of your
Account, user profile, at any time. David Teas For Kane may also in its sole
discretion and at any time prohibit you from accessing and using the
Fundraising Services, the David Teas For Kane Platform or discontinue providing
access to the Fundraising Services, the David Teas For Kane Platform or any of
the other David Teas For Kane Services, or any part thereof, with or without
notice. You understand and agree that if David Teas For Kane terminates your
right to access or use any of the David Teas For Kane Services or your account
for any reason, then David Teas For Kane may hold any funds in your Account
during the Hold Period. Any funds that are still in your Account after the Hold
Period, less any applicable fees, will be paid out to you according to your
payout schedule, assuming all payout-related authentication requirements have
been fulfilled. You agree that any termination of your ability to access or use
the Fundraising Services, the David Teas For Kane Platform or any of the other
David Teas For Kane Services or any Account you may have or portion thereof may
be effected without prior notice, and you agree that David Teas For Kane will
not be liable to you or any third party for any such termination. David Teas
For Kane reserves the right to fully cooperate with any law enforcement
authorities or court order requesting or directing David Teas For Kane to
disclose the identity of anyone that is believed to violate these Terms. Any
suspected fraudulent, abusive or illegal activity may be referred to
appropriate law enforcement authorities. These remedies are in addition to any
other remedies that David Teas For Kane may have at law or in equity. As
provided herein, David Teas For Kane does not permit copyright infringing
activities on the David Teas For Kane Platform, the Site or any of the other
David Teas For Kane Services, and David Teas For Kane shall be permitted to
terminate access to the Fundraising Services, the David Teas For
Kane Platform or any of the other David Teas For Kane Services. BY
ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD DAVID TEAS FOR KANE HARMLESS
FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DAVID TEAS FOR KANE DURING
OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A
CONSEQUENCE OF INVESTIGATIONS BY EITHER DAVID TEAS FOR KANE OR LAW ENFORCEMENT
AUTHORITIES.

15.2 You.

Your only remedy with respect to any dissatisfaction with (i) the
Fundraising Services, the David Teas For Kane Platform or any of the other
David Teas For Kane Services, (ii) any term of these Terms or (iii) any policy
or practice of David Teas For Kane in providing the Fundraising Services or
operating the David Teas For Kane Platform or the other David Teas For Kane
Services is to terminate your use of the Fundraising Services, the David Teas
For Kane Platform, any of the other David Teas For Kane Services and your
Account (if any). You may terminate your use of the Fundraising Services, the
David Teas For Kane Services and your Account (if any) at any time.

15.3 Effect of Termination.

If your Account is terminated for any reason or no reason, you agree: (a) to
continue to be bound by these Terms, (b) to immediately stop using the
Fundraising Services and the David Teas For Kane Platform and to remove all
payment card logos from your website and wherever else they are displayed, (c)
that the Right to Use and the License shall automatically terminate, (d) that
we reserve the right (but have no obligation) to delete all of your information
and Account data stored on our servers, and (e) that we shall not be liable to
you or any third party for termination of access to the Fundraising Services or
the David Teas For Kane Platform, deletion of your information or Account data,
or export of your information or Account data.

16. Ownership; Feedback.

16.1 Ownership.

David Teas For Kane shall own all right, title and interest in the
Fundraising Services, the David Teas For Kane Platform, the Site and the other
David Teas For Kane Services. The visual interfaces, graphics, design,
compilation, information, computer code (including source code or object code),
products, software, services, and all other elements of the David Teas For Kane
Services provided by David Teas For Kane (the “Materials”) are
protected by United States copyright, trade dress, patent, and trademark laws,
international conventions, and all other relevant intellectual property and
proprietary rights, and applicable laws. All Materials contained on the
Fundraising Services, the David Teas For Kane Platform or any of the other
David Teas For Kane Services are the property of David Teas For Kane or its
subsidiaries or affiliated companies, and/or third-party licensors. All
trademarks, service marks, and trade names are proprietary to David Teas For
Kane or its affiliates and/or third-party licensors. Except as expressly
authorized by David Teas For Kane, you agree not to sell, license, distribute,
copy, modify, publicly perform or display, transmit, publish, edit, adapt,
create derivative works from, or otherwise make unauthorized use of the
Materials. David Teas For Kane reserves all rights not expressly granted in
these Terms.

16.2 Feedback.

You grant to David Teas For Kane a royalty-free, worldwide, irrevocable,
perpetual license to use, publish, edit, translate, distribute, display and
incorporate any ratings, comments, suggestions, feedback, improvement requests
or other recommendations you provide relating to the Fundraising Services, the
David Teas For Kane Platform or any of the other David Teas For Kane Services
without restriction (“Feedback”). You should not submit any
Feedback to us that you do not wish to license to us as stated above. We have
no obligation (a) to maintain any Feedback in confidence; (b) to pay any
compensation for any Feedback; or (c) to respond to any Feedback. You grant us
the right to use the name that you submit in connection with any Feedback.

17. Indemnification.

You agree to indemnify, save, and hold David Teas For Kane its affiliated
companies, contractors, employees, agents and its third-party suppliers,
licensors, and partners harmless from any third-party claims, losses, damages,
or liabilities, including legal fees and expenses, arising out of your use or
misuse of the Fundraising Services, the David Teas For Kane Platform, the Site
or any of the other David Teas For Kane Services, any violation by you of these
Terms, or any breach of the representations, warranties, and covenants made by
you herein. David Teas For Kane reserves the right, at your expense, to assume
the exclusive defense and control of any matter for which you are required to
indemnify David Teas For Kane and you agree to cooperate with David Teas For
Kane’s defense of these claims. David Teas For Kane will use reasonable efforts
to notify you of any such claim, action, or proceeding upon becoming aware of
it.

18. No Warranties; Disclaimers.

18.1 NO WARRANTIES.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DAVID TEAS FOR
KANE AND ITS AFFILIATES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
THIRD-PARTY PARTNERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “DAVID
TEAS FOR KANE PARTIES”) DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR
IMPLIED WITH RESPECT TO THE FUNDRAISING SERVICES, THE DAVID TEAS FOR KANE
PLATFORM, THE SITE AND THE OTHER DAVID TEAS FOR KANE SERVICES, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND WARRANTIES ARISING FROM
A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE
FOREGOING, DAVID TEAS FOR KANE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES
NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, THAT THE FUNDRAISING SERVICES, THE DAVID TEAS FOR KANE PLATFORM, THE
SITE OR THE OTHER DAVID TEAS FOR KANE SERVICES, INCLUDING, WILL MEET YOUR
REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM THE DAVID TEAS FOR KANE PARTIES OR
THROUGH THE FUNDRAISING SERVICES, THE DAVID TEAS FOR KANE PLATFORM, THE SITE OR
THE OTHER DAVID TEAS FOR KANE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY
STATED HEREIN.

18.2 “As Is” and “As AVAILABLE” AND “WITH ALL FAULTS”.

YOU EXPRESSLY AGREE THAT THE FUNDRAISING SERVICES, THE DAVID TEAS FOR KANE
PLATFORM, THE SITE OR ANY OF THE OTHER DAVID TEAS FOR KANE SERVICES, ANY DATA,
ASSESSMENTS, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD-PARTY
SITE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH
THE FUNDRAISING SERVICES, THE DAVID TEAS FOR KANE PLATFORM OR ANY OF THE OTHER
DAVID TEAS FOR KANE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”,
“WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND
EITHER EXPRESS OR IMPLIED.

18.3 David Teas For Kane Platform Operations and Content.

THE DAVID TEAS FOR KANE PARTIES DO NOT WARRANT THAT THE DATA, RESULTS,
CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE
FUNDRAISING SERVICES, THE DAVID TEAS FOR KANE PLATFORM OR ANY OF THE OTHER
DAVID TEAS FOR KANE SERVICES, OR ANY THIRD-PARTY SITE WILL BE UNINTERRUPTED, OR
FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY
OF THE FOREGOING WILL BE CORRECTED.

18.4 Accuracy.

EXCEPT AS SPECIFICALLY PROVIDED IN WRITING BY DAVID TEAS FOR KANE, THE DAVID
TEAS FOR KANE PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE FUNDRAISING SERVICES, THE DAVID TEAS FOR
KANE PLATFORM AND THE OTHER DAVID TEAS FOR KANE SERVICES OR ANY THIRD-PARTY
SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

18.5 Harm to Your Computer.

YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN
CONTENT, INFORMATION, MATERIALS, ASSESSMENTS, RESULTS OR DATA THROUGH THE
FUNDRAISING SERVICES, THE DAVID TEAS FOR KANE PLATFORM OR ANY OF THE OTHER
DAVID TEAS FOR KANE SERVICES OR ANY THIRD-PARTY SITE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY
(INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OR USE OF SUCH MATERIAL OR DATA.

19. LIMITATION OF LIABILITY AND DAMAGES.

19.1 Limitation of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING, NEGLIGENCE, WILL THE DAVID TEAS FOR KANE
PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES
ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS,
LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR
NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR
RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE
THE FUNDRAISING SERVICES, THE DAVID TEAS FOR KANE PLATFORM, THE SITE OR ANY OF
THE OTHER DAVID TEAS FOR KANE SERVICES OR ANY THIRD-PARTY SITE, EVEN IF DAVID
TEAS FOR KANE OR A DAVID TEAS FOR KANE AUTHORIZED REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19.2 Limitation of Damages.

IN NO EVENT WILL THE DAVID TEAS FOR KANE PARTIES’ TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR
ACCESS AND USE OF THE FUNDRAISING SERVICES, THE DAVID TEAS FOR KANE PLATFORM,
THE SITE OR ANY OF THE OTHER DAVID TEAS FOR KANE SERVICES OR THESE TERMS, OR
YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING
NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE PROCESSING FEES PAID BY YOU
(LESS ANY PART OF THE PROCESSING FEES PAID TO, OR RETAINED BY, A THIRD PARTY
(E.G., THE ACQUIRER, AN ISSUING BANK, ETC.) DURING THE TWELVE (12) MONTHS
IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

19.3 Release for Disputes between Users.

If you have a dispute with any other Users (including between Organizations)
or other third parties, you hereby release David Teas For Kane and the other
David Teas For Kane Parties from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, arising out of or
in any way connected with such disputes. If you are a California resident, you
waive California Civil Code Section 1542, which says: “A general
release does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which if known by
him must have materially affected his settlement with the debtor.”

19.4 Third-party Sites.

THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED
BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY
THIRD-PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN DAVID TEAS FOR KANE
AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE DAVID TEAS FOR KANE SERVICES
OR RECEIVED THROUGH ANY THIRD-PARTY SITES.

19.5 Basis of the Bargain.

YOU ACKNOWLEDGE AND AGREE THAT DAVID TEAS FOR KANE HAS OFFERED THE
FUNDRAISING SERVICES, THE DAVID TEAS FOR KANE PLATFORM, THE SITE AND THE OTHER
DAVID TEAS FOR KANE SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN
RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET
FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY
SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU
AND DAVID TEAS FOR KANE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS
OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN
YOU AND DAVID TEAS FOR KANE. DAVID TEAS FOR KANE WOULD NOT BE ABLE TO PROVIDE
THE FUNDRAISING SERVICES, THE DAVID TEAS FOR KANE PLATFORM OR ANY OF THE OTHER
DAVID TEAS FOR KANE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT
THESE LIMITATIONS.

19.6 Limitations by Applicable Law.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF YOU RESIDE
IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE
LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN
THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS
ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

20. Export Controls.

You agree not to import, export, re-export, or transfer, directly or
indirectly, any part of the David Teas For Kane Platform or other David Teas
For Kane Services or any underlying intellectual property, information or
technology except in full compliance with all United States, foreign and other
applicable export control laws and regulations.

21. Miscellaneous.

21.1 Notice.

David Teas For Kane may provide you with notices, including those regarding
changes to these Terms, by email, regular mail or postings on any of the David
Teas For Kane Services. Notice will be deemed given twenty-four hours after the
email is sent, unless David Teas For Kane is notified that the email address is
invalid. Alternatively, David Teas For Kane may give you legal notice by mail
to a postal address, if provided by you through any of the David Teas For Kane
Services. In such case, notice will be deemed given three (3) days after the
date of mailing. Notices posted on any of the David Teas For Kane Services are
deemed given thirty (30) days following the initial posting.

21.2 Waiver.

The failure of David Teas For Kane to exercise or enforce any right or
provision of these Terms will not constitute a waiver of such right or
provision. Any waiver of any provision of these Terms will be effective only if
in writing and signed by David Teas For Kane.

21.3 Dispute Resolution.

If a dispute arises between you and David Teas For Kane, the goal is to
provide you with a neutral and cost-effective method of resolving the dispute
quickly. Accordingly, you and David Teas For Kane agree that any dispute, claim
or controversy at law or equity that arises out of these Terms, the Fundraising
Services, the David Teas For Kane Platform, the Site or any of the other David
Teas For Kane Services (a “Dispute”) will be resolved in
accordance with this Section 21.3 or as David Teas For Kane and you otherwise
agree in writing. Before resorting to these dispute methods, David Teas For
Kane strongly encourages you to first contact David Teas For Kane directly to
seek a resolution.

(a) Choice of Law. These Terms shall be governed in
all respects by the laws of the State of Delaware, without regard to its
conflict of law provisions. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES,
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A
TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM
ARISING OUT OF OR RELATING TO ANY DISPUTE OR OTHERWISE IN CONNECTION WITH THESE
TERMS OR ANY OF THE DAVID TEAS FOR KANE SERVICES.

(b) Arbitration and Class Action Waiver.

PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.

(i) ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND DAVID
TEAS FOR KANE (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) IN
CONNECTION WITH THESE TERMS OR ANY OF THE DAVID TEAS FOR KANE SERVICES,
INCLUDING WITHOUT LIMITATION YOUR RIGHTS OF PRIVACY WILL BE RESOLVED BY
BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S
RULES FOR ARBITRATION AND YOU AND DAVID TEAS FOR KANE HEREBY EXPRESSLY WAIVE
TRIAL BY JURY. ANY ARBITRATION SHALL BE IN ENGLISH AND THE PLACE OF ARBITRATION
SHALL BE NEW ORLEANS, LOUISIANA. YOUR ARBITRATION FEES AND YOUR SHARE OF
ARBITRATOR COMPENSATION SHALL BE GOVERNED BY SUCH RULES. DISCOVERY AND RIGHTS
TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND
OTHER RIGHTS THAT YOU AND DAVID TEAS FOR KANE WOULD HAVE IN COURT MAY NOT BE
AVAILABLE IN ARBITRATION. YOU MAY BRING DISPUTES ONLY ON YOUR OWN BEHALF.

Neither you nor David Teas For Kane will participate in a class action or
class-wide arbitration for any disputes covered by these Terms to arbitrate.
YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS
MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST DAVID TEAS FOR KANE INCLUDING
ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
You also agree not to participate in claims brought in a private attorney
general or representative capacity, or consolidated claims involving another
person’s account, if David Teas For Kane is a party to the proceeding.

This dispute resolution provision will be governed by the Federal
Arbitration Act and not by any state law concerning arbitration. The
arbitration may be conducted in person, through the submission of documents, by
phone or online. The arbitrator must follow applicable law, and any award may
be challenged if the arbitrator fails to do so. Judgment on the award rendered
by the arbitrator may be entered in any court having competent jurisdiction.
Any provision of applicable law notwithstanding, the arbitrator will not have
authority to award damages, remedies or awards that conflict with these Terms.

(ii) Judicial Forum for Disputes. In the event that the agreement
to arbitrate under Section 21.3(b) is found not to apply to you or your claim,
you and David Teas For Kane agree that any judicial proceeding (other than
small claims actions) must be brought solely and exclusively in, and will be
subject to the service of process and other applicable procedural rules of, the
federal or state courts covering Dover County, Delaware. Both you and David
Teas For Kane irrevocably consent to venue and personal jurisdiction there.
Notwithstanding the foregoing, David Teas For Kane may bring a claim for
equitable relief in any court with proper jurisdiction.

(iii) Survival. This arbitration agreement will survive the
termination of your use of the Fundraising Services or any of the other David
Teas For Kane Services or your relationship with David Teas For Kane.

(c) 30 Day Right to Opt-Out. You have the right to
opt-out and not be bound by the arbitration provisions set forth in this
Section 21.3 above by sending written notice of your decision to opt-out
to david@teasforkane.com. The notice must be sent to David
Teas For Kane within thirty (30) days of your use of any of the David Teas For
Kane Services or agreeing to these Terms, otherwise you shall be bound to
arbitrate disputes in accordance with the terms of those sections. If you
opt-out of these arbitration provisions, we also will not be bound by them.

(d) Improperly Filed Claims. All claims you bring
against David Teas For Kane must be resolved in accordance with this Section
21.3. All claims filed or brought contrary to this Section 21.3 shall be
considered improperly filed. Should you file a claim contrary to this Section
21.3, David Teas For Kane may recover attorneys’ fees and costs up to $15,000,
provided that David Teas For Kane has notified you in writing of the improperly
filed claim, and you have failed to promptly withdraw the claim.

(e) Prevailing Party. In the event that either party
institutes any legal suit, action or proceeding against the other party arising
out of or relating to these Terms, the Privacy Policy, or any of the other
David Teas For Kane Services, the prevailing party in the suit, action or
proceeding shall be entitled to receive in addition to all other damages to
which it may be entitled, the costs incurred by such party in conducting the
suit, action or proceeding, including reasonable attorneys’ fees and expenses
and court costs.

(f) Limitation on Time to File Claims. ANY CAUSE OF
ACTION OR DISPUTE YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE
PRIVACY POLICY, THE FUNDRAISING SERVICES OR ANY OF THE OTHER DAVID TEAS FOR
KANE SERVICES OR YOUR RELATIONSHIP WITH DAVID TEAS FOR KANE MUST BE COMMENCED
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF
ACTION OR DISPUTE IS PERMANENTLY BARRED.

21.4 Severability.

If any provision of these Terms (including any Additional Agreements and
Policies) is held to be unlawful, void, or for any reason unenforceable, then
that provision will be limited or eliminated from these Terms to the minimum
extent necessary and will not affect the validity and enforceability of any
remaining provisions.

21.5 Relationship of the Parties.

The parties agree that nothing in these Terms shall be construed as creating
a joint venture, partnership, franchise, agency, employer/employee, or similar
relationship between the parties, or as authorizing either party to act as the
agent of the other. You are and will remain an independent contractor in your
relationship to David Teas For Kane. Nothing in these Terms shall create any
obligation between either party and a third party.

21.6 Assignment.

These Terms and related Additional Agreements and Policies, and any rights
and licenses granted hereunder, may not be transferred or assigned by you, but
may be assigned by David Teas For Kane without restriction. Any assignment
attempted to be made in violation of these Terms shall be void.

21.7 Survival.

Upon termination of these Terms, your use of the Site, any of the other
David Teas For Kane Services or your relationship with David Teas For Kane any
provision which, by its nature or express terms should survive, will survive
such termination or expiration, including, but not limited to, Sections 2, 4
and 9 – 21.

21.8 Headings.

The heading references herein are for convenience purposes only, do not
constitute a part of these Terms, and will not be deemed to limit or affect any
of the provisions hereof.

21.9 Entire Agreement.

These Terms, together with the Privacy Policy, the Merchant Services
Agreement, the Additional Agreements and the Policies, are the entire agreement
between you and David Teas For Kane relating to the subject matter herein and
will not be modified except by a change to these Terms or Policies made by
David Teas For Kane as set forth in Section 8 above
or as provided in the Merchant Services Agreement and any Additional Agreement.

21.10 No Agency.

No agency, partnership, joint venture, employee-employer or
franchisor-franchisee relationship is intended or created by these Terms.

21.11 Geographic Restrictions.

David Teas For Kane is based in the state of Louisiana in the United States.
David Teas For Kane makes no claims that accessing or using or that any of the
David Teas For Kane Services or any of the content is accessible or appropriate
outside of the United States. Accessing or using the David Teas For Kane
Platform, the Site or any of the other David Teas For Kane Services may not be
legal by certain persons or in certain countries. If you access any of these
David Teas For Kane Services from outside the United States, you do so on your
own initiative and are responsible for compliance with local laws and you agree
to waive, and hereby do waive, any legal or equitable rights or remedies you
have or may have against David Teas For Kane with respect thereto.

21.12 Electronic Communications.

The communications between you and David Teas For Kane use electronic means,
whether you visit the Site or the other David Teas For Kane Services or send
David Teas For Kane emails, or whether David Teas For Kane posts notices on the
Site or the other David Teas For Kane Services or communicates with you via
email. For contractual purposes, you (a) consent to receive communications from
David Teas For Kane in an electronic form; and (b) agree that all terms,
conditions, agreements, notices, disclosures, and other communications that
David Teas For Kane provides to you electronically satisfy any legal
requirement that such communications would satisfy if they were in writing. The
foregoing does not affect your statutory rights.

21.13 Disclosures.

The Fundraising Services, the David Teas For Kane Platform, the Site and the
other David Teas For Kane Services are offered by David Teas For Kane,
Inc.¸1340 Poydras Street, Suite 1770, New Orleans LA 70112 and email: david@teasforkane.com.

If you are a California resident, you may have this same information emailed
to you by sending a letter to David Teas For Kane, Inc.¸1340 Poydras Street,
Suite 1770, New Orleans LA 70112 with your email address and a request for this
information.

California users are also entitled to the following specific consumer rights
notice: The Complaint Assistance Unit of the Division of Consumer Services of
the California Department of Consumer Affairs may be contacted in writing at
1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916)
445-1254 or (800) 952-5210.

Exhibit A – Billing Agreement Terms and Conditions

These Terms and Conditions are entered into pursuant to the Agreement
between the ORGANIZATION and its parents, subsidiaries, and affiliates, and the
VENDOR.

1. Services.

ORGANIZATION and VENDOR intend to increase fundraising opportunities for the
ORGANIZATION, which will involve the use and disclosure of VENDOR’s
Confidential Information including trade secrets (such as online advertising
opportunities, e-mail list rentals, lead generation services, display
advertising, names of clients and advertisers), and related pricing (“the
Services”).

2. Fundraising Fee.

In exchange for the Services, ORGANIZATION shall pay VENDOR a percentage of
the gross online fundraising revenue received by the ORGANIZATION raised as a
result of the VENDOR’s Services (the “Fundraising Fee”).

3. Payment.

The Parties authorize DAVID TEAS FOR KANE to collect donations on behalf of
the ORGANIZATION and issue payments to the ORGANIZATION and to the VENDOR for
the Fundraising Fee.

4. Indemnification.

The Parties hereby agree to indemnify DAVID TEAS FOR KANE and hold DAVID
TEAS FOR KANE harmless from all liability, causes of action, or damages,
including, but not limited to those associated with any of the terms,
warranties, or representations made herein.

5. Representations, Warranties, and Covenants.

(a) VENDOR makes no warranties, guarantees, promises or representations,
either express, implied, oral, written or otherwise, except as expressly set
forth in this Agreement.

(b) ORGANIZATION agrees to provide full cooperation to VENDOR to yield the
desired results set forth in this Agreement.

(c) Each party represents and warrants that (i) it has full power and
authority to enter into this Agreement and perform its obligations herein; (ii)
the execution, delivery, and performance of this Agreement will not infringe
upon the rights of any third party; and (iii) that any content used in the
fundraising campaign will comply with the Parties’ fundraising standards; and
that the Parties hold the necessary rights to permit the use of such content
for the purpose of this Agreement; and that the use, reproduction,
distribution, or transmission of such content will not violate any criminal or
other laws or any rights of any third parties, including, but not limited to,
such violations as infringement or misappropriation of any copyright, patent,
trademark, trade secret, music, image, or other proprietary or property right,
false advertising, unfair competition, defamation, invasion of privacy or
rights of celebrity, violation of any anti-discrimination law or regulation, or
any other right of any person or entity.

6. Non-Disclosure.

Each party acknowledges that it will have access to and make use of
confidential business information of special and unique value including, but
not limited to, trade secrets of the other party, client and prospective
information, financial budgets, strategic plans, the names and backgrounds of
key personnel, business materials and other information that the parties have
provided each other in connection with the provision of the Services
(collectively, the “Confidential Information”). The parties agree that neither
party will copy, disclose, distribute, or make use of any Confidential
Information for its own benefit or for the benefit of a business or entity
other than the other party to this Agreement without prior written consent of
the other party and shall maintain the confidentiality of the Confidential
Information. This provision shall not apply to any information which (a) is or
becomes publicly known through no wrongful act of the receiving party (b) is
rightly received by the receiving party from a third party; or (c) is approved
for such use or disclosure by the disclosing party in writing.

7. Assignment.

The Parties may not assign this agreement without written agreement and
notice to DAVID TEAS FOR KANE.

8. Termination.

These Terms and Conditions shall remain in force and effect until terminated
by the Parties.

9. Notices.

All notices, requests or other communications hereunder shall be given in
writing and delivered by any one of the following methods: (a) email, (b)
regular, overnight or registered or certified mail (return receipt requested),
with first class postage prepaid, (c) hand delivery, (d) facsimile or
electronic transmission, or (e) overnight courier service.

10. Entire Agreement.

This agreement and all exhibits and attachments are the complete and
exclusive agreement between the parties with the respect to the subject matter
hereof, superseding all prior agreements (both written and oral) regarding such
subject matter. This Agreement may only be modified, or any rights under it
waived, by a written document executed by both parties.