Terms and Conditions

Terms and Conditions

If you access information on our website, the following basic information is automatically collected and stored on our servers:

 

  • The name of the internet domain (for example, “xcompany.com” if you use a private Internet access account, or “yourschool.edu” if you are connecting from a university’s domain)
  • The Internet Protocol (IP) address (a number that is automatically assigned to your computer when you are using the Internet) from which you access our site
  • The type of browser and operating system used to access our site
  • The date and time you access our site
  • The internet address of the website from which you linked directly to our site
  • The pages you visit and the information you request

 

SeeMefunded.com may use this information to track the browsing of individuals who access the site. This information is primarily collected for statistical analysis and technical improvements to the site. This system uses software programs to create summary statistics, which may be used for such purposes as assessing what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas. In certain circumstances, however, we may take additional steps to identify you based on this information and we may share this information, including your identity, with other agencies.

External Sites

This website contains links to websites created and maintained by other public and/or private organizations. We provide these links as a service to visitors to our site. When you follow a link to an external site, you are leaving the website and are subject to the privacy and security policies of the external site.

 

We may share information you give us with contractors acting on our behalf or with another agency if your inquiry relates to that agency. In other limited circumstances, such as responses to requests from government agencies, we may be required by law to disclose information you submit. If you provide comments in response to a request for public comments, we may make those comments, as well as your identity, available to the public in a publication or by posting them on our website. Where possible, we may give you more specific guidance at the point of collection regarding how your personal information may be used or disclosed.

Children

We believe in the importance of protecting the privacy of children online and do not knowingly contact or collect personal information from children under 13. Our site is not intended to solicit information of any kind from children under 13.

Electronically-submitted information is maintained and destroyed according to the principles of the Federal Records Act , and in some cases, may be covered by the Privacy Act and subject to the Freedom of Information Act.

This website may contain links to websites created and maintained by other public and/or private organizations. We provide these links as a service to visitors to our site. When you follow a link to an external site, you are leaving the website and are subject to the privacy and security policies of the external site.

We may share information you give us with contractors acting on our behalf or with another agency if your inquiry relates to that agency. In other limited circumstances, such as responses to requests from government agencies, we may be required by law to disclose information you submit. If you provide comments in response to a request for public comments, we may make those comments, as well as your identity, available to the public in a publication or by posting them on our website. Where possible, we may give you more specific guidance at the point of collection regarding how your personal information may be used or disclosed.

TERMS OF SERVICE AGREEMENT

Revised November 1, 2018

ACCEPTANCE OF TERMS

Be Remarkable Group, Inc. (hereafter referred to as “BeRemarkable” or the “Company”), provides its services (the “Service”), to you subject to the following Terms of Service (the “Terms”), which may be updated by us from time to time without notice to you. Please check these Terms periodically for changes.

By using the Service, you agree to be bound by these Terms, our Privacy Policy, all applicable laws and all conditions or policies referenced here and/or by the Service Provider.

The Company operates the Service under its own SeeMeFunded Brand and under the Brands of its Business Partners. The Terms apply to you regardless of which Brand of Service you use.

In addition, when using the Service, you shall be subject to any guidelines or rules (the “Guidelines”) applicable that may be posted online from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms.You will not hold the Company responsible for others’ content, actions or in actions. You acknowledge that we have no control over and do not guarantee the quality, safety or legality of organizations promoted, the truth or accuracy of content, listings, or ability to perform the stated objective.

DESCRIPTION OF THE SERVICE AND DEFINITIONS

 

The Service is a simple, easy-to-use of certain applications that can easily be promoted via social media services, websites, and email.

Definitions:

  • “Campaign” is a fundraising project created using a service, either to collect money for personal reasons or on behalf of an Organization.
  • “Campaign Owner” is the individual that created the Campaign. Campaign Owners have access to features and tools for their Campaign including but not limited to tracking Contributions made to their Campaign, and editing details of their Campaign. Campaign Owners may grant access to the features and tools of the Campaign to Users and the Users are subject to these Terms as agreed to by the Campaign Owner. If a Campaign Owner chooses to transfer or share ownership of their Campaign with another User, that User becomes a Campaign Owner and they will assume the aforementioned access and responsibilities.
  • “Contributor” is any individual or organization that contributes money to a Campaign.
  • “Contribution” is any financial transaction that benefits the Campaign.
  • “Organization” may be a non-profit, school, political, business, or other social entity that has a collective goal.
  • “User” is any individual who has accepted the Terms by logging in to a service through a Login Service or by contributing to a Campaign.
  • “Payment Provider” is a company that processes Contributions to Campaigns.

ELIGIBILITY

 

You are not eligible to use a Service if you have previously been suspended from using the Service for any reason and we have not explicitly authorized you to resume using the Service. We reserve the right to refuse use of the Service to anyone and to reject, cancel, interrupt, remove or suspend usage of our services at any time for any reason without liability.

 

REFUND POLICY

Contributors MUST request any and all refunds directly from the Campaign Owner.

For Campaign Owners to receive a reimbursement of the Service fee, the Campaign Owner MUST process the refund to the Contributor through the Payment Provider within seven (7) days from the date of receiving the Contribution that is being refunded, then contact the Company to request a fee reversal.

FURTHER SERVICE UNDERSTANDINGS

Unless explicitly stated otherwise, any new features that augment or enhance the Service, shall be subject to the Terms. You understand and agree that the Service is provided AS-IS and that the Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any communications or personalization settings.

 

CONTRIBUTORS

As a Contributor, you are solely responsible for asking questions and investigating Campaigns to the extent you feel is necessary before you make a Contribution. All Contributions are made voluntarily and at your sole discretion and risk. The Company doesn’t guarantee that Contributions will be used as promised, that Campaign Owners will deliver Incentives, or that the Campaign will achieve its goals. The Company does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Incentive or Contribution, or the truth or accuracy of content posted on the Service. You are solely responsible for determining how to treat your Contribution and receipt of any Incentives for tax purposes. In the event you are issued a refund on your Contribution because of our inability to disburse funds to a Campaign Owner, you will no longer be entitled to delivery of any Incentives associated with your contribution.

INCENTIVES

Incentives may be referenced as Incentives, Perks, Products or Tickets that are offered by Campaign Owners as motivators for Users to contribute to their Campaign. Campaign Owners agree to the following regarding Incentives:

 

  1. You are solely responsible and liable for, and must fulfill the Incentives as presented in your Campaign;
  2. If for any reason you are unable to fulfill an Incentive, you will work with the Contributor(s) to reach a mutually satisfactory resolution which may include, without limitation, issuing a refund in a timely fashion; and
  3. The Company does not endorse or validate any Incentives nor accept any liability or responsibility for the fulfillment or lack thereof of Incentives.

TAXES

The Campaign Owner is solely responsible for:

 

  • understanding that taxing authorities may classify funds raised through a Service as taxable income to the Campaign Owner and any beneficiary who will receive funds directly from the Campaign.

Determining how to treat and collect and remit any taxes on Contributions in connection with your Incentives. Pay all fees and taxes associated with the use of any Service

PROHIBITED ACTIVITIES

Campaign Owners are specifically prohibited from activities that violate the Payment Provider’s Acceptable Use Policies, Facebook’s Statement of Rights and Responsibilities, and Google’s Terms of Service. Campaign Owners are also not allowed to act in any way that violates national, regional and local laws related to online commerce. In particular, by example and not limiting the definition in any way, Campaign Owners cannot run online contests, lotteries, raffles, pyramid schemes, gambling activities or any other form of prohibited financial activity using the Service.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Information. Specifically, you agree to comply with all applicable laws regarding electronic commerce and charitable funding, and regarding the transmission of technical data exported from Canada or the country in which you reside.

SET UP OBLIGATIONS

In consideration of your use of a  Service, you agree to: (a) provide true, accurate, current and complete information about yourself and your Organization as prompted during the Campaign creation process and any later administration processes (such information being the Set Up Data) and (b) maintain and promptly update the Set Up Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your use of the Service and refuse any and all current or future use of the Service (or any portion thereof).

You are responsible for maintaining the confidentiality of the Login Services, and are fully responsible for all activities that occur in your Login Service account as it relates to the Service. You agree to immediately notify the Company of any unauthorized use of your Login Service account or any other breach of security as it relates to the Service. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

You are also responsible to ensure all content in your campaign is compliant with the Terms Of Service & Privacy Policy of the Login Service(s).

 CONDUCT

In using a Service, you understand that you are liable for all information, products or services, in whatever form, that you make available to other Users. You agree not to use the Service to:

  1. upload, post, email, transmit or otherwise make available any Information, products or services, that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a Company representative, forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted through a Service; upload, post, email, transmit or otherwise make available any Information, products or services, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  4. upload, post, email, transmit or otherwise make available any Information, products or services, that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party;
  5. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;
  6. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  7. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  8. intentionally or unintentionally violate any applicable local, province, state, national or international law; or stalk or otherwise harass another.

INDEMNITY

You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Information you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.

 

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, other than as provided within the scope of the Service or if agreed to by written consent from the Company.

 

 MODIFICATIONS TO SERVICE

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Company will not be responsible to you for refund, in whole or part, of the Service fees for any reason. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

LINKS

The Company provides, or third parties may provide, links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by a Service.

 

You acknowledge that the Company does not pre-screen any Content working in coordination with a Service, but that the Company and its designees shall have the right (but not the obligation) in their sole discretion to rescind use of a Service. You acknowledge and agree that the Company may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Company, its Users and/or the public. You understand that the technical processing and transmission of the Service, including your Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

 INDEMNITY

You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Information you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.

 

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, other than as provided within the scope of the Service or if agreed to by written consent from the Company.

 

 MODIFICATIONS TO SERVICE

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Company will not be responsible to you for refund, in whole or part, of the Service fees for any reason. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

TERMINATION

You agree that the Company, in its sole discretion, may terminate your use of the Service, and remove and discard any Information within the Service, for any reason, including, without limitation, for lack of use, failure to timely pay any Service fees or other moneys due the Company, or if the Company believes that you have violated or acted inconsistently with the letter or spirit of the Terms. The Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your Information and/or bar any further access to such files in the Service. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to a Service.

PROHIBITED ACTIVITIES

Campaign Owners are specifically prohibited from activities that violate the Payment Provider’s Acceptable Use Policies, Facebook’s Statement of Rights and Responsibilities, and Google’s Terms of Service. Campaign Owners are also not allowed to act in any way that violates national, regional and local laws related to online commerce. In particular, by example and not limiting the definition in any way, Campaign Owners cannot run online contests, lotteries, raffles, pyramid schemes, gambling activities or any other form of prohibited financial activity using the Service.

NOTICE

Notices to you may be made via either email or regular mail. The Company may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service. Our mailing address is: 10926 Quality Drive, @38939, Charlotte, N.C. 28278

 

TRADEMARK INFORMATION

All trademarks and service marks, and other Company logos and product and service names are owned by and / or trademarks of Be Remarkable Group, Inc.,  and or the Be Sensitive Foundation., Inc. Without the Company’s prior permission, you agree not to display or use in any manner, the Company Marks. Business Partner and third party trademarks are the property of their respective owners.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

  1. YOUR USE OF A SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

  1. THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

 

 

  1. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

  1. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

 

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

 

 

RELEASE

 

IF YOU HAVE A DISPUTE WITH ANY SERVICE, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) 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 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.”

GENERAL INFORMATION

 

  1. Entire Agreement. The Terms constitutes the entire agreement between you and the Company and governs your use of a Service. You are also subject to additional terms and conditions that may apply when you use affiliate services, third-party Information or third-party software.

 

  1. Choice of Law. The Terms and the provision of the Service to you are governed by the laws of the North Carolina, United States as such laws are applied to agreements entered into and to be performed entirely within North Carolina, United States residents.

 

  1. Any controversy or claim arising out of or relating to the Terms or the provision of the Service shall be finally settled by binding arbitration in accordance with the commercial arbitration rules observed by the Arbitrators Association of British Columbia. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in North Carolina, United States , and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, you and the Company agree to submit to the personal jurisdiction of the courts located within the city of Charlotte, North Carolina, United States . Either you or the Company may seek any interim or preliminary relief from a court of competent jurisdiction in North Carolina, United States necessary to protect the rights or property of you or the Company (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

 

  1. Invalid Provisions. The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

 

  1. Time to File Claim. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of a Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

THE COMPANY’S PROPRIETARY RIGHTS

You acknowledge and agree that a Service and any necessary software (Software) used in connection with a Service may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Company, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

VIOLATIONS

Please report any violations of the terms of service to Be Remarkable Group Contact Form.