Agreement between User and Piesa Giving

Welcome to Piesa Giving! The www.piesagiving.com website (the "Site") and mobile application (the “App”) are comprised of various web pages operated by Good Steward Technology Group LLC ("Good Steward"). www.piesagiving.com and the mobile application are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.piesagiving.com and Piesa Giving’s mobile application constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference. 

  

www.piesagiving.com and Piesa Giving’s mobile application allows you to make donations to 501(c)(3) non-profit organizations. 

  

The purpose of the website and mobile application are to connect you (users) and nonprofit entities. 

  

Privacy

Your use of www.piesagiving.com and our mobile applications are subject to Good Steward's Privacy Policy. Please review our Privacy Policy, which also governs the Site and mobile application. This informs users of our data collection practices. 

  

Electronic Communications

Visiting www.piesagiving.com, using the mobile application or sending emails to Good Steward constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, app and on the Site, satisfy any legal requirement that such communications be in writing. 

  

Your Account

If you use this site or app, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or cellular phone, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Good Steward is not responsible for third party access to your account that results from theft or misappropriation of your account. Good Steward and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. 

  

Children Under Thirteen

Good Steward does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.piesagiving.com or the mobile application only with permission of a parent or guardian. 

  

Links to Third Party Sites/Third Party Services

www.piesagiving.com and the mobile application may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Good Steward and Good Steward is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Good Steward is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Good Steward of the site or any association with its operators. 

  

Certain services made available via www.piesagiving.com and the app are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.piesagiving.com domain or the app, you hereby acknowledge and consent that Good Steward may share such information and data with any third party with whom Good Steward has a contractual relationship to provide the requested product, service or functionality on behalf of Piesa Giving’s users and customers. 

  

No Unlawful or Prohibited Use/Intellectual Property 

You are granted a non-exclusive, non-transferable, revocable license to access and use of www.piesagiving.com & Piesa Giving’s mobile application strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Good Steward that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. 

  

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Good Steward or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. 

  

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site or app. Good Steward content is not for resale. Your use of the Site or app does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Good Steward and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Good Steward or our licensors except as expressly authorized by these Terms. 

  

Use of Communication Services

The Site and app may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. 

  

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. 

 

For requests for change of Services under this Agreement, including cancellations, or to provide notice of other changes impacting your Account please use your Customer Account login or Organization Administrator login to communicate directly to Good Steward, or send an email to your account manager and copy Info@piesagiving.com

 

For service change notifications, we will communicate via your mobile application notifications area and/or directly to your Customer or Organization Administrator email address.

  

Good Steward has no obligation to monitor the Communication Services. However, Good Steward reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Good Steward reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. 

  

Good Steward reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Good Steward's sole discretion. 

  

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Good Steward does not control or endorse the content, messages or information found in any Communication Service and, therefore, Good Steward specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Good Steward spokespersons, and their views do not necessarily reflect those of Good Steward. 

  

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials. 

  

Materials Provided to www.piesagiving.com, Piesa Giving’s Mobile Applications, or posted on Any Good Steward Web Page

 

Good Steward does not claim ownership of the materials you provide to www.piesagiving.com or the app (including feedback and suggestions) or post, upload, input or submit to any Good Steward Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Good Steward, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. 

  

No compensation will be paid with respect to the use of your Submission, as provided herein. Good Steward is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Good Steward's sole discretion. 

  

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. 

 

Pricing and Payments 

Service Fees payable for use of any Services are as described on the Website and mobile application (unless otherwise agreed in writing) and may be updated from time to time.

 

You agree to pay all Service Fees and any other charges incurred by you or any users of your Account and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred on or before the due date. Recurring payments can be canceled at any time on the “Recurring Donation” page on the website or app. 

 

You agree that you will only use credit cards or bank accounts belonging to you or for which you are expressly authorized to use.

 

Once you have donated, the nonprofit will be able to see your name and email.

 

By using the Services, you agree to pay all relevant Service Fees.  

 

Upon confirmation, all payments are final and non-refundable. 

 

Customer Responsibilities

Customers who use Good Steward’s products and services must comply with the following:  

 

You will administer and be responsible for access to the Services Note: Any person with access to your Account, may be able to alter settings including beneficiary bank details or credit card details. You must exercise special care to properly manage that access, to prevent fraud or other unauthorized access or use.‍ 

 

You are responsible for ensuring that you comply with these Terms and Conditions and our Privacy Policy. You further represent and warrant that you are responsible for your conduct while using our Services. 

 

You are responsible for the security of your Account. You must maintain and observe all reasonable security measures to protect your electronic systems from unauthorized control, tampering, or other unauthorized access. You must keep all passwords confidential and ensure you comply with strong password requirements. You should not share or otherwise disclose your password to any third party. You are responsible for ensuring that you maintain the confidentiality of your password and that it meets strong password requirements.   

 

You will use Services only for your legitimate business purposes and not for any family, household or personal use and will comply with all applicable laws, rules, and regulations including laws regarding privacy and protection of consumer data.

 

Non-Profit Organization Responsibilities

Organizations who use the Services must comply with the following: 

 

Piesa Giving only supports organizations on our platform that are 501(c)3. If you do meet this requirement, your account is subject to termination.  

 

Delays resulting from Good Steward applying holds, limits or reviews or relating to the time to may take for a transaction to be completed; 

 

Non-Profit Organizations will follow the instruction of the Customer and comply with all policies and practices of Customer and Good Steward that are relevant to the use of the Services, including these Terms and Conditions. 

 

You shall provide us with all necessary rights, permissions and/or consents necessary to grant us the rights and licenses in these Terms and Conditions, and all rights, permissions and/or consents necessary for the lawful use and transmission of personal information and data that is required for the use and operation of the Services. 

 

You shall(a) ensure that Authorized Users understand and comply with all policies and practices of the Customer and Good Steward that are relevant to their use of the Services;(b) ensure that the Authorized Users understand and comply with these Terms and Conditions and our Privacy Policy; (c) obtain all rights, permissions and/or consents from Authorized Users that are necessary to grant us the rights and licenses in these Terms and Conditions; and (d) obtain all rights, permissions and/or consents from Authorized Users for the lawful use and transmission of their personal information and data that is required for their use and operation of the Services. Organization Administrators shall cooperate with Good Steward in ensuring that they, Customer, and Authorized Users comply with these Terms and conditions. 

 

You are responsible for keeping all donor information confidential. That includes names, emails, donation amounts and dates. At the request of a donor, you must remove them from any email mailing lists.  

 

You are responsible for the security of access to the Account. 

 

Non-Profit Organizations agrees that Piesa Giving may (in its discretion) feature or otherwise spotlight ( “Feature” ) Nonprofit in one or more portions of the Platform, social media, advertising or other channels. Nonprofit understands that Piesa Giving is under no obligation to feature any nonprofits, and this Agreement in no way makes any promises, commitments or guarantees as to whether a nonprofit organization will be featured. Non-Profit Organizations further agrees that featuring nonprofit on the platform does not constitute a solicitation of donations, and that Piesa Giving does not engage in any solicitation activities on behalf of any of the organizations that may be listed or featured on the platform.

 

Each party will be responsible for any real or personal property taxes, assessments or levies on property it owns, or that it otherwise has a responsibility to report and remit; any franchise and privilege taxes on its business; any taxes based on its net or gross income or gross receipts; and any taxes arising from the employment or independent contractor relationship between such Party and its personnel or contractors. Notwithstanding the foregoing, Nonprofit organization shall indemnify and hold harmless Piesa Giving for any costs and expenses arising from inaccurate or misrepresented information provided by Nonprofit in relation to its tax status, including but not limited to any claim or adjustment asserted by a tax authority.

 

By using a payment processor, nonprofit organizations acknowledges and agrees that all payments and monetary transactions through the platform are handled by such payment processor, and to be bound by their terms of service, available at www.stripe.com. Nonprofit acknowledges and agrees that Piesa Giving shall not be liable for any issues related to payments and monetary transactions that occur through Nonprofit’s use of the Platform and Services. This includes transactions that were not processed due to a network communication error, or any other reason. Nonprofit acknowledges and agree to not hold Piesa Giving liable for any adverse effects that actions (whether intentional or unintentional) on the part of any Payment Processors may cause to Nonprofit’s accounts or its business.

As part of the services, Piesa Giving receives and transmits to an nonprofit organization any donation processed in the platform through third-party payment platforms, Stripe, Inc. (“Stripe” ) as described in the Terms and Conditions. Nonprofit organizations agrees that such activity does not constitute solicitation on behalf of nonprofit organizations, and that all payments received through any payment processors are solicited and received by nonprofit organizations. They are responsible for complying with all federal and applicable state and local laws relating to such fundraising activities, including providing appropriate gift or donation receipts as required under the IRC and state and local fundraising and solicitation requirements.

 

You must keep all passwords confidential and ensure you comply with the strong password requirements. You should not share or otherwise disclose your password to any third party.

  

International Users

The Service is controlled, operated and administered by Good Steward from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Good Steward Content accessed through www.piesagiving.com or the app in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

  

Indemnification

You agree to indemnify, defend and hold harmless Good Steward, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Good Steward reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Good Steward in asserting any available defenses. 

  

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Good Steward agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. 

  

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE AND THE APP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GOOD STEWARD TECHNOLOGY GROUP LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. 

  

GOOD STEWARD TECHNOLOGY GROUP LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. GOOD STEWARD TECHNOLOGY GROUP LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOOD STEWARD TECHNOLOGY GROUP LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, THE APP OR OTHERWISE ARISING OUT OF THE USE OF THE SITE AND APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GOOD STEWARD TECHNOLOGY GROUP LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, THE APP OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND MOBILE APPLICATION. 

  

Termination/Access Restriction 

Good Steward reserves the right, in its sole discretion, to terminate your access to the Site, mobile application and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Site or the app. Use of the Site or the app is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. 

  

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Good Steward as a result of this agreement or use of the Site or the app. Good Steward's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Good Steward's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site, the app or information provided to or gathered by Good Steward with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 agreement shall continue in effect. 

  

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Good Steward with respect to the Site and the app and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Good Steward with respect to the Site and the app. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. 

 

Please note merely deleting a Piesa Giving Application will not close your account, cancel payment, or delete a linked account (for example, a credit card or bank account).

 

You will remain liable for any obligations relating to your account even after it is closed. In particular, you will be responsible for any and all chargebacks or other fees associated with payment processing. 

 

Changes to Terms

Good Steward reserves the right, in its sole discretion, to change the Terms under which www.piesagiving.com and the mobile application is offered. The most current version of the Terms will supersede all previous versions. Good Steward encourages you to periodically review the Terms to stay informed of our updates. 

  

Contact Us

Good Steward welcomes your questions or comments regarding the Terms: 

  

Good Steward Technology Group LLC 

8130 St Louis

Skokie, Illinois 60076

  

Email Address: 

info@piesagiving.com 

  

  

Effective as of May 7, 2020