Terms of Use

Terms and Conditions.

Welcome to the website of MyFunding Pal (the "Platform") which is owned and operated by Gray Step Software, Inc., a California corporation (referred to herein, together with its affiliates, as, the " Company", "we" or "us" or "our"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of myfundingpal.com, including any content, functionality and services (collectively, such services, including any new features and applications, offered through the Platform, the "Service") offered on or through myfundingpal.com, or any alias domain (collectively, the "Website").

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at myfundingpal.com/privacy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. This Website is offered and available to users who are 18 years of age or older. Users suspended from using the Services are not eligible to use the Services. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Right to Revise.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. If we do this, we will post the changes on this page and will indicate the date these terms were last revised. In addition, we will endeavor to notify you, through reasonable means, and unless otherwise stated, the Company may communicate with you officially by any reasonable means, including email, the postal service, and postings on the Platform. Any such changes will become effective fourteen (14) days after they are posted, except that (i) changes addressing new functions of the Services or changes made for legal reasons will be effective immediately, and (ii) changes or modifications to the provisions of these Terms of Service governing Dispute Resolution By Binding Arbitration shall be made as specified therein. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time each time you access this Website so you are aware of any changes, as they are binding on you. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.

Certain Definitions.

In these Terms of Use, we refer to those raising funds as "Campaign Organizers" and to their fundraising campaigns as "Campaigns." We refer to those contributing funds as " Contributors" and to the funds they contribute as "Contributions." Campaign Owners, Contributors and other visitors to the Website and users of the Service are referred to collectively as "Users" or "you".

Limited License to Users.

The Company hereby grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User's eligibility and continued compliance with these Terms of Service.

Description of Service.

My Funding Pal is a web based fundraising platform targeted at serving the needs of specific Campaign Organizer organizations, including schools, teams, clubs, booster organizations, and other similar organizations as disclosed on the Website. Among other features, the Services are designed to allow a Campaign Organizer to post a fundraising Campaign to the Platform to accept monetary donations ("Donations") from registered Users wishing to contribute funds to an eligible Campaign ("Contributors").

Qualification as a Campaign Organizer is required to register for a fundraising Campaign on the Service. All information provided through this registration by Campaign Organizers must be true and accurate information. If information provided to us by a User is shown to be inaccurate, untrue, or involve any form of fraudulent conduct, the Company reserves the right to suspend and terminate that User's use of the Services. Further, the Company takes any form of fraudulent conduct very seriously, if you have reason to believe that any funds being raised through the Service involve fraudulent activity, please contact the Company Safety Team immediately by sending an email to admin@myfundingpal.com. Campaign Organizers will be required to use a user name and password to initiate a fundraising Campaign through the Service. Donations will be facilitated by the Service, however the Company is not a party to any agreement between a Campaign Organizer and Contributors and shall not be responsible for information provided by a fundraising organization, and the Company disclaims all liability in this regard. The Company reserves the right to refuse use of the Service to anyone, and to reject, cancel, interrupt, remove or suspend any Campaign, Donation, or the Services at any time for any reason and without liability

Payment Services.

The Company utilizes the services of Open Edge, Inc. ("Open Edge") to process credit card Donations and payments. The Company is not affiliated with Open Edge, Inc. and disclaims all liability related to donations and payments processed through Open Edge, Inc. The Company does not guarantee the results of fundraising Campaigns organized through the Service, and to the maximum extent permitted by law, disclaims all responsibility and liability for the results of fundraising campaigns organized through the Service. The Company will maintain Donations on behalf of Campaign Organizers until completion of the Campaign. Upon completion of the Campaign, all of the Donations raised through such Campaign will be sent to the Campaign Organizer as reduced by the applicable fee charged by the Company for the use of the Service.

Restrictions.

The Campaign Organizer is responsible for all information provided to the Company and used and displayed on the Website. In the event a User is found to be using information that is illegal or inappropriate or offensive, then the Company in its sole discretion, reserves the right to terminate use of the Service, stop the Campaign, and may result in reporting the circumstances to law enforcement.

Campaign Organizer agrees to not use the service to:

Fees and Funding.

By using the Services, you acknowledge that the Company provides administrative Services through the Platform, as offered on the Website, to allow fundraising between Campaign Organizers and Contributors. The Company offers fundraising Services through the Platform and does not participate in any agreement between Campaign Organizers and Contributors, nor does it control or endorse Campaign Organizers, and therefore, to the maximum extent permitted by law, disclaims all liability pertaining to the information provided by Campaign Organizers on the Website. For example, but not by way of limitation, the Company does not guarantee that Donations raised will be used by the Campaign Organizer for the purposes as represented by a Campaign Organizer on the Website, or that such information offered by the Campaign Organizer is accurate, nor does the Company guarantee that the Donations will be used in accordance with any fundraising purpose offered by a Campaign Organizer. By using the Service, you acknowledge that the Company is not a broker, agent, financial institution, creditor or insurer for any User, and further that the Company has no control over the conduct of, or any information provided by a Campaign Organizer. The Company expressly disclaims any liability associated with the success of any Campaign, or the outcome of any fundraising purpose. All Donors who choose to use the Services must make the final determination as to the value and appropriateness of contributing to any Campaign.

You are encouraged to thoroughly review the Fees section of our Website for further details pertaining to Fees to use the Service

Intellectual Property.

When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. While using the Service, you may post text, graphics, photos, videos, artwork and other audio/visual materials, or other information (collectively, "Content"). Such Content as supplied by User shall not incorporate Company trademarks, trade dress, or any other direct Company branding element, and in general, shall not in any way communicate endorsement by the Company. With respect to such Content, you hereby grant the Company a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute Content of any User on or in connection with the Service, the Platform, and the Company's marketing activities in any medium. With respect to Content that contains your name, image or likeness, you hereby release and hold harmless the Company Indemnified Parties (as that term is defined in the paragraph below), from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims related to the exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with the Content provided by you, including your, name, image or likeness. Further, if any other person (other than you) appears in your Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of the Company in a manner fully consistent with the provisions set forth in these Terms of Use, including the representations related to intellectual property and indemnification as set forth herein. As between a User and the Company, Users continue to hold all ownership interest in their Content. Further, User's use of the Service and the Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content or website in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your login credentials. Under no circumstances will the Company be liable in any way for any Content or materials of any third parties (including any Users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. The Company reserves the right to remove offending Content in its sole discretion. You agree not to copy, modify, create a derivative work of, reverse engineer, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the software Service as hosted on the Platform. Any rights not expressly granted herein are reserved by the Company.

Indemnification.

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (the "Company Indemnified Parties") from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees and costs), and all amounts paid in settlement, arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your Content, any use of the Website's content and Services. The Company may assume the exclusive defense and control of any matter for which Users have agreed to indemnify the Company and each User agrees to assist and cooperate with the Company in the defense or settlement of any such matters.

Limitation of Liability; Waiver; Disclaimer.

To the maximum extent permitted by law, the following shall apply:

COMPANY (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE FEES PAID TO THE COMPANY FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

For Users in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents shall, as a condition to use the Service and the Website, waive the applicability of California Civil Code Section 1542 for unknown claims which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." Each User hereby waives the above section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent.

THE COMPANY PROVIDES THIS WEBSITE "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS, AND DELAYS; WARRANTIES THAT ACCESS TO ANY SERVICE OFFERED ON THE PLATFORM WILL BE UNINTERRUPTED, SECURE, COMPLETE, OR ERROR FREE; WARRANTIES AS TO THE LIFE OF ANY URL OR THIRD-PARTY SERVICE; AND WARRANTIES WITH REGARD TO ANY CONTENT OR SOFTWARE THAT HAS BEEN MODIFIED IN ANY WAY BY ANYONE OTHER THAN, AND WITHOUT THE EXPRESS APPROVAL OF, THE COMPANY.

BY ACCESSING, BROWSING, OR USING THIS WEBSITE, AND USING THE SERVICE, YOU ACKNOWLEDGE THAT PROVISION OF THE SERVICE AND USE OF THE WEBSITE ENTAILS THE LIKELIHOOD OF ERRORS, DELAYS, INTERRUPTIONS, AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA. USER IS ADVISED THAT THE PLATFORM, THE WEBSITE, AND/OR THE SERVICE MAY NOT SATISFY USER REQUIREMENTS. IN NO EVENT WILL THE COMPANY BE LIABLE, IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH USE OF THIS WEBSITE, THE PLATFORM, OR THE SERVICE, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; ANY CLAIM(S) RELATING IN ANY WAY TO A USER'S INABILITY OR FAILURE TO SATISFACTORILY COMPLETE A CAMPAIGN FOR FUNDRAISING, OR TO MAKE A DONATION TO A CAMPAIGN; ANY DECISION MADE OR ACTION TAKEN BY A USER IN RELIANCE UPON THE AVAILABILITY OF OR CONTENT MADE AVAILABLE THROUGH THIS WEBSITE.

Arbitration.

Company and User agree that any and all disputes or claims shall be resolved exclusively through final and binding arbitration, rather than in court, except that a User at its election may assert claims in small claims court, if the User's claims otherwise qualify for adjudication in that court. Company and User manifest their assent to arbitrate by providing and using the Services. To the maximum extent permitted by law, the Parties agree to arbitrate claims on an individual basis only, and they waive any right to bring, participate in, or recover under, a class, collective, consolidated or representative action.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Dispute Notice"). The Arbitration Notice to the Company should be sent to 4671 Golden Foothill Parkway, Suite 101, El Dorado Hills, CA 95762, Attn: Dispute Resolution, with a copy by email to admin@myfundingpal.com. The Dispute Notice must (i) describe within reasonable specificity the basis for any claim; and (ii) set the relief sought. If the Company and the User making the claim do not reach an agreement to resolve such claim within sixty (60) calendar days after the Dispute Notice is received, you or the Company may commence an arbitration proceeding.

Any arbitration conducted hereunder will be conducted pursuant to the applicable rules promulgated by the by the American Arbitration Association (AAA). If residing in the United States, the Company and Users acknowledge that these Terms of Service evidence a transaction in interstate commerce, and thus the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms of Service. Payment and reimbursement of all filing, administration and arbitrator fees will be governed by the AAA's rules. Orange County, California is the sole proper venue for arbitration; provided, however, that the arbitrator once selected shall have the authority to order the parties to arbitrate in a different venue for good cause shown, applying federal law for transferring venue on grounds of forum non conveniens. If, notwithstanding this arbitration agreement, a claim for any reason proceeds in court rather than in arbitration, the dispute shall be exclusively brought and heard in a court of competent jurisdiction located in the County of Orange, State of California.

Termination of a Campaign.

You agree that the Company may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service under reasonable circumstances in its sole discretion, including for the violation of any of these Terms of Use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Services under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services where such deactivation or deletion is permitted under these Terms of Service. Further, you agree that the Company will not be liable to you or any third party for any termination of your access to the Services

Digital Millenium Copyright Act Compliance.

The Company endeavors to fully comply with the provisions of the Digital Millennium Copyright Act (17 U.S.C. § 512). If you have any copyright concerns about any Content posted on this Website, please provide us with written notice ("DMCA Notice") by contacting our Designated Agent at the following address

In the event of a DMCA notice applicable to a User, the Company may in its sole discretion limit access to the Services and/or terminate the access to Services of any users who infringe any intellectual property rights of others, regardless of whether there is repeat infringement or not.

Privacy Policy.

The Company respects the privacy of its user, in that regard please see the Company's Privacy Policy. By using the Services, you consent to our collection and use of personal data as outlined therein

Entire Agreement/Severability.

These Terms of Use are the entire agreement between each User and Company regarding its subject matter. If any provision of these Terms of Use are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Company's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Questions or concerns?

Please contact the Company at questions@myfundingpal.com to pose any questions you may have or report any violations of these Terms of Use.