Terms of Use

 

These Terms of Use create a contract between you (“you”, “your”, or “user”) and MustardSeed (“MustardSeed”, the “Company”, “we”, “us”, or “our”), and applies to use of the MustardSeed mobile application (“the “App”), www.mustardseedbfo.wpengine.com (the “Site”), and all related products and services (the “Services” and together with the App and the Site, the “MustardSeed Services”).

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

We may amend or modify these Terms of Use at any time by posting via the MustardSeed Services or e-mail to you, and the revised Terms of Use shall be effective at such time. We may modify or discontinue any portion of the MustardSeed Services, and/or suspend or terminate your access to the MustardSeed Services at any time without notice to you. You agree that we shall not be liable to you or any third party for any modification or termination of the MustardSeed Services, and/or suspension or termination of your access to the MustardSeed Services.

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.

Agreement with Respect to Terms of Use

These Terms of Use constitute a legally binding agreement between MustardSeed and you. You are responsible for regularly reviewing these Terms of Use. You can review the most current version of the Terms of Use at any time on the Site or the App (via a hyperlink to the Site). Additional terms may govern your use of certain web pages within the Site or sections within the App. In the event that any provision, term or guideline contained on a particular web page in the Site or section of the App conflicts with these Terms of Use, the terms of such web page or section shall control over these Terms of Use. You acknowledge that you have read these Terms of Use, and accept, understand and will be bound by such terms and conditions. You further acknowledge that these Terms of Use, together with the Privacy Policy and terms governing any individual web page or App feature, represent the complete and exclusive statement of the agreement between us and supersede any proposal or prior agreement oral or written, and any other communications between us relating to your access or use of the Site, the App and/or Services.

Registration

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

Processing Fee

You expressly authorize 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

All text, videos, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork, algorithms, functionalities, features and computer code, including but not limited to design, structure, “look and feel” and arrangement of the content available on the Site or App (collectively, “Content”) is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The Content, the Site and the App are owned by the Company and its Affiliates, and/or their licensors and suppliers (which may include lessors, lessees, owners, sellers, buyers, agents, brokers, multiple listing services, builders, service providers, content providers, vendors, and others) (collectively, “Licensors and Suppliers”). Except as expressly provided in these Terms of Use, no part of the Site, the App or the Content may be copied, reproduced, republished, posted, publicly displayed, translated, or distributed in any way. Subject to the limited rights to use the Site, the App and Services pursuant to these Terms of Use, we retain all right, title, and interest in and to the Site, the App, the Services, and all Content and related intellectual property contained therein. Certain features of the MustardSeed Services may allow you to upload, post, publish, share, store, or manage data or visual content (“Materials”). By posting or publishing Materials, you represent and warrant to us that you have all the necessary rights to distribute such Materials to us, either because you are the author and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of such Materials. You hereby grant to us and our authorized personnel a worldwide, royalty-free, fully-aid, exclusive, transferable, and sublicensable (as necessary to perform the Services) license to copy, publicly perform, publicly display, publish, distribute, create derivative works of, and use Materials as we deem appropriate to perform the Services and in accordance with these Terms of Use. You acknowledge and agree that we will own all right, title, and interest in and to any Materials, content, or other works of authorship created by us or on our behalf and used in connection with the Services. All Materials are the sole responsibility of the person who originated such Materials whether publicly posted or privately transmitted. Any use or reliance on any Content or Materials of other users posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or Materials posted via the Services or endorse any opinions expressed via the Services.

Copyright Policy

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 support@mustardseedapp.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.

Permitted Uses

Subject to the provisions in these Terms of Use, you may use the Site and App for non-commercial purposes to: (i) learn about the MustardSeed Services; (ii) learn about charities and track your friends’ donations through the App (pending their allowances in App Settings); (iii) open an account to participate in the MustardSeed Services by tracking transactions for Round Ups; (iv) select a charity described under 170(b)(1)(A) of the Internal Revenue Code, or the sponsoring organization of the MustardSeed Donor Advised Fund, or another donor advised fund, to receive aggregate Round Ups each month; (vi) transfer money to selected charities on a recurring basis; (vi) use an escrow service to hold funds until scheduled transfers to disbursement company or until funds meant for a specific charity are equal to at least $5; (vii) use a third-party disbursement company to make a best-effort attempt to distribute Round Ups to your selected charity; (viii) access statements and confirmations regarding transactions in connection with disbursement to your selected charity; (ix) access and print or download copies of the current version of these Terms of Use and other documentation relating to the MustardSeed Services; and (x) make such other use of the MustardSeed Services as we may expressly permit from time to time in furtherance of the objectives and growth of the MustardSeed Services. Subject to these Terms of Use, we hereby grant you a personal, nontransferable, nonexclusive, non-sublicensable license to use the user interface of the Site, the App and their respective Content and Services in accordance with these Terms of Use, and for no other purpose. All rights, title and interest in to the user interface and Content, including any software, on or through the Site and App shall belong to us or our licensors and suppliers, including all modifications thereof and enhancements thereto. The Content and user interface made available from, on or through the Site or App may not be copied, modified, republished, assigned, sold or distributed to you, nor may derivative works be prepared therefrom. The license granted to you pursuant to these Terms of Use is solely for your personal use (but not for resale or redistribution) as a user of the MustardSeed Services, Site or App and may not be used for any other purposes. You shall not reverse engineer, decompile, or otherwise translate, in any way, the Content and user interface made available from, on or through the Site or App. You have no right or claim of right to the Content or any unique ideas found on the MustardSeed Services, Site or App. No ownership rights are granted to you hereunder and no title is transferred hereby.

Prohibited Uses

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 Warranties

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

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.

If you are dissatisfied with any portion of the MustardSeed Services, any Content, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Site, uninstall the App and/or cease using the Services.

Indemnification

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

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.

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

Interpretation

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Except as otherwise specified in these Terms of Use, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email. Notices to us must be sent in writing to the following address: 3800 N. May Avenue, Oklahoma City, Oklahoma, 73112, or via email address to support@mustardseedapp.org and notices you will be sent to the same email address you provide to us, which addresses may be updated from time to time upon written notice to the other party. The MustardSeed Services, Content, other technology we may make available, and derivatives thereof may be subject to laws and regulations of the United States and other jurisdictions. No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or any later breach. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise. We may assign our rights and privileges under these Terms of Use (including your user registration), without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or to an affiliate, or in connection with a change in control. Subject to the foregoing, these Terms of Use shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

Term

The term of these Terms of Use will continue in force for as long as we allow you access to and use of the Site, the App and/or other Services. Any sections which by their nature are intended to survive termination shall continue to apply post-termination.

About Us

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 support@mustardseedapp.org.