MustardSeed Basic Services
By using the MustardSeed Services, you can use our interactive platform to obtain various services for researching charities, tracking “Round Ups” (defined below), and contributing (via our payment gateway outside of the App and Site) to charities. Commercially reasonable best efforts will be made by a disbursement company to send your contributions to the charity you specify within the App, and will be sent to a similar charity if contributions cannot be sent to your specific charity for any reason. Round Ups are the differential between a final (after tax, etc.) transaction price and the next whole incremental amount as selected by you from time to time. In the case of a whole dollar final transaction price, the Round Up calculated will be to the next incremental whole dollar amount.
We are always working on new ways to improve the MustardSeed Services. We reserve the right to modify or change our Site, the App or any of the Services, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Site, the App or any Services. You acknowledge and agree that we shall not be liable to you or any third party in the event that we exercise our right to modify, change or discontinue the Site, the App or any Services.
You expressly authorize MustardSeed to collect a processing fee each time you make a Round Up donation, of up to 10% of the aggregate amount rounded up. The processing fee is subject to change.
Receipt of Charitable Donation
MustardSeed shall provide a receipt of your charitable donations so that you may be able to substantiate, as required by the Internal Revenue Code of 1986, as amended, your charitable contributions for federal income tax purposes at least annually. While MustardSeed will use its commercially reasonable best effort to provide the appropriate documentation for your contribution to qualify as a tax deduction, MustardSeed does not represent, warrant, or guarantee that you will receive such documentation or that the IRS will ultimately recognize your contribution as being tax deductible. You should seek the advice of your tax professional to determine whether your contribution qualifies for a charitable income tax deduction.
Content and Materials
We respect the intellectual property rights of others and ask that users of our Site, App and Services do the same. In connection with our Site, App and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing Materials and for the termination, in appropriate circumstances, of users of our Site, App and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, App and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing Material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. 512(c)) must be provided to our designated copyright agent: (a) your physical or electronic signature; (b) identification of the copyrighted work(s) that you claim to have been infringed; (c) identification of the Materials on our services that you claim is infringing and that you request us to remove; (d) sufficient information to permit us to locate such Material; (e) your address, telephone number, and email address; (f) a statement that you have a good faith believe that use of the objectionable Materials are not authorized by the copyright owner, its agent, or under the law; and (g) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyrighted owner. Please note that, pursuant to 17 U.S.C. 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects to the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our designated copyright agent can be contacted via email at firstname.lastname@example.org.
Links to Other Sites
The Site and the App contain links to other independent third-party web sites, and we provide links to third-party websites as part of the MustardSeed Services (in all cases “Linked Sites”). We are not responsible for and do not endorse the content of such Linked Sites, including any products, information or materials contained on such Linked Sites.
You may not use the Site, App or MustardSeed Services for any illegal or unlawful or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole judgment, including, without limitation, the laundering of proceeds of any unlawful activity, the financing of terrorism, the commission of fraud or market manipulation, the harassing or making of disparaging comments to any user of the MustardSeed Services. We reserve the right to take preventative or corrective actions to protect ourselves and our users. We reserve the right to disallow contributions to any charity if new information comes to light as per the legality of their operations and will only allow contributions to charities described under the Permitted Uses section above. If a charity no longer qualifies as a charity under the Permitted Uses section above or otherwise does not accept contributions, our disbursement company will send the contributions to a similar organization that is eligible to receive contribution under 170(b)(1)(A) of the Internal Revenue Code. Types of organizations to which we allow contributions are subject to change. Your use of the Site, the App and MustardSeed Services is conditioned in part on your compliance with the rules of conduct provided herein, and your failure to comply may result in termination of your access to and use of the MustardSeed Services and liability for damages caused by your noncompliance. In addition to the foregoing, while using the Site, the App and MustardSeed Services, you may not, except as may be expressly set forth above under “Permitted Uses” (a) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another user’s account without permission, or solicit another user’s login information; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the MustardSeed Services; (f) “frame” or “mirror” any portion of the MustardSeed Services; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the MustardSeed Services; (h) harvest or collect information about or from other users of the MustardSeed Services; (i) use the Site, App or MustardSeed Services for any illegal activity; (j) probe, scan or test the vulnerability of the MustardSeed Services, nor breach the security or authentication measures on the MustardSeed Services or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the MustardSeed Services, such as a denial of service attack; (k) send or otherwise post unauthorized commercial communications (such as spam); (l) engage in unlawful multi-level marketing, such as a pyramid scheme; (m) post content that is hateful, threatening or pornographic, incites violence, or contains nudity or graphic or gratuitous violence; (n) access or use any portion of the Content if you are a direct or indirect competitor of MustardSeed, or provide, disclose or transmit any portion of the Content to any direct or indirect competitor of MustardSeed; (o) use or distribute any Content, including Content that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product; or (p) facilitate or encourage any violations of this Section.
Your reliance upon the information available on the Site or App or located through utilization of the other Services and your interactions with third users identified through the MustardSeed Services is solely at your own risk. Your interactions with other users or advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other person or entity, and you agree that we will not be responsible for any loss or damages incurred as the result of any such dealing or with respect to any other person’s or entity’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party, we are under no obligation to become involved, and you agree that you will manage any such dispute or disagreement directly, and that you will not make any claims against us with respect to products or services purchased through your use of the MustardSeed Services.
Limitation of Remedies
In no event shall MustardSeed be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages or any damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, the App or related Services, the provision of or failure to provide the MustardSeed Services, or for any content, software, products and services made available or obtained via the Site, the App, or their respective content, or otherwise arising out of the use or access of the Site, use of the App or use of the other Services, whether based on contract, tort, negligence, strict liability or otherwise, even if MustardSeed has been advised of the possibility of damages, any services or content made available or obtained through the use of the Site or the App, and all other use of the Site or App, is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results therefrom.
Binding Arbitration and Applicable Law
Any disputes shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator appointed by the AAA. The arbitrator shall be authorized to award compensatory damages, but shall NOT be authorized to award non-economic damages such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages. Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the arbitrator and AAA; however, the arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Each party shall fully perform and satisfy the arbitration award within (15) days of the service of the award. Judgment on the award may be entered by any court of competent jurisdiction. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of the appeal, the right to bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.
MustardSeed is a division and trademark/service mark of The Baptist Foundation of Oklahoma, Inc. (“BFO”) References herein to a “disbursement company” shall mean the MustardSeed Donor Advised Fund. The MustardSeed Donor Advised Fund is a donor advised fund as defined under the Internal Revenue Code. The BFO is the sponsoring organization of the MustardSeed Donor Advised Fund.
We prefer that you contact us by email at email@example.com.