1 – GENERAL 

These Terms of Use (“Terms”) govern your use of Stashlete.com and any website operated by Stashlete, Inc., or any of its subsidiaries or affiliates (collectively, “Stashlete” “we,” or “our”) that links to these Terms (collectively, the “Services”). These Terms constitute a legally binding agreement between you and Stashlete regarding your use of the Services. 

“You” or “your” in these Terms refers to you as a user of the Services and, if acting on behalf of a third party or your employer, any such third party or employer. Please read these Terms of Use carefully before you start to use any Services.  By using any Services, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at www.stashlete.com, incorporated herein by reference.  If you do not accept and agree to these Terms and our Privacy Policy, you must not access or use our Services.  These Terms may change from time to time without notice.  Continued use of the Services after any such changes are posted will constitute your acceptance of the updated Terms.

These Terms contain a Dispute Resolution and Arbitration Section that requires you and Stashlete to pursue any disputes independently and then in individual arbitration, and that each party waive their right to sue in court, including as part of a class action or representative proceeding. Please see the Arbitration and Class Action Waiver Section for more information.

2 – Eligibility 

Our Services are intended for, are targeted to, and should only be accessed by persons:

• Located in the United States;
• At least thirteen (13) years of age;
• Not subject to any US trade sanctions or trade restrictions; and
• Not employed by a college or university or a member of any college or university athletic team.

By accessing any of our Services, you represent and warrant that you are not any of the persons listed above and 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 any of our Services.

3 – Account Access

Where we have given you (or where you have chosen) login credentials for access to certain parts of the Services, you must keep any such login credentials as confidential and not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services, or portions of it, using your user name, password, or other security information.  You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.  You also agree to ensure that you will use best available practices to safeguard your account and login credentials.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms.

4 – The Services

The Services are offered as a platform to allow certain approved entities and persons to post a fund to the Services to accept monetary donations from donors on behalf of the beneficiary of the entity or individual.  

Stashlete is not a payment processor and does not hold any funds.  We use third-party payment processing partners to process transactions.  You acknowledge and agree that the use of payment processors is integral to the Services and that we exchange information with Payment Processors in order to facilitate the provision of the Services.  

We are not a broker, financial institution, creditor or charity. The Services are administrative platforms only. We help entities and individuals facilitate donations through the use of the Services.  All third-party information and content hosted by us on the Services is for informational purposes only, and Stashlete does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any donation or any information or content relating to the Services, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.

We do not endorse any fundraiser or user or cause and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Fundraiser. You, as a donor, must make the final determination as to the value and appropriateness of contributing to any cause.

5 – Conditional Use of the Services 

Your continued use of the Services is conditioned on your agreement that you will not engage in any of the following without our express written permission, which may be withheld or withdrawn in our sole discretion:

• Use any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor the Services or any portion of the Services, other than via software that sends queries to the Services to index or rank a website for search and location purposes;
• Link to Stashlete’s homepage, provided you do so in a way that is fair and legal and does not damage Stashlete’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Stashlete’s part;
• Engage in actions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including, but not limited to, use of Stashlete’s intellectual property, name, or logo, including use of Stashlete’s’ trade or service marks, or in a manner that otherwise harms Stashlete’s brand; or
• Modify, obstruct, alter, remove, or otherwise interfere with any of the Marks and Content on the Services.

6 – Prohibited Use of the Services 

You shall not engage in any of the following during your use of the Services:

• Violate any intellectual property rights, federal, state, local or international law, ordinance, or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries); 
• Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
• Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Web Services sites, other than the search engines and search agents available through the Services and other than generally available third-party web browsers;
• Post or transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Services; 
• Perform any action that implies an untrue endorsement by or affiliation with us, including impersonation of a Stashlete employee, representative, or another user or person (including, without limitation, by using e-mail addresses associated with any of the foregoing);
• Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services;
• Post or transmit anything that is obscene, dangerous, threatening, harassing, abusive, hateful, or embarrassing, as determined by Stashlete in its sole discretion;
• Post or transmit anything that encourages another user to breach these Terms;
• Post or transmit any personal information or commercial content that is not your own or that you do not have a legal right to;
• Attempt to advertise, solicit, or otherwise encourage the collection or posting of personal information by other users;
• Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation, as determined in Stashlete’s sole discretion; 
• Engage in any conduct, as determined by Stashlete in its sole discretion, that restricts or inhibits anyone’s use or enjoyment of the Services, or which may expose Stashlete, its suppliers, or any other user of the Services, to any liability.

7 – Third-Party Sites and Content

Any Content included from or links to websites owned or operated by a third party (“Third-Party Sites and Content”) are for your convenience and informational purposes only and do not constitute or imply Stashlete’s endorsement, sponsorship, or recommendation of the third parties or their products, services, or websites. Stashlete does not monitor or control the Third-Party Content of any Third-Party Site linked to or from the Services, which are governed by their own terms of use, acceptable use, and privacy policies. Stashlete is not liable for any damages incurred as a result of clicking on a link to any Third-Party Sites or relying, in any capacity, on the Third-Party Content of those websites. Links to any Stashlete Services may be made only with the written permission of Stashlete.

8 – Termination

Stashlete may modify, suspend, or terminate any part of the Services, at any time, without notice. These Terms shall apply until terminated by Stashlete.  If you breach these Terms, your license to use the Services shall immediately and automatically terminate. 

Stashlete reserves the right to terminate these Terms with you, with notice of such termination, if:

• You breach any provision of these Terms (or have acted in a manner that demonstrates, in Stashlete’ sole opinion, you do not intend to or are unable to comply with these Terms);
• Stashlete reasonably believes it is required by law;
• Stashlete no longer offers the service(s) you use;
• You no longer agree to these Terms; or
• Stashlete chooses to do so, in its sole discretion, for any or no reason.

You understand that your user comments and feedback may remain on the Services even after termination of these Terms, subject to a request for removal or deletion under applicable laws. These Terms shall survive termination to the extent necessary for the enforcement of Stashlete’s rights and your obligations herein.

9 – Governing Law and Venue

These Terms and any Service provided under them will be governed by the laws of the State of Georgia, without regard to its conflicts of law provisions, and shall insure to the benefit of Stashlete’s successors and assigns, whether by merger, consolidation, or otherwise. Except as otherwise provided in the Arbitration Section, you hereby agree that all legal proceedings shall be brought in, and you irrevocably consent to submit to the jurisdiction and venue of, the state courts of Fulton County, Georgia, and the federal courts of the Northern District of Georgia. 

 You acknowledge and agree that because the breach of these Terms would result in immediate and irreparable injury to Stashlete, Stashlete shall be entitled, without limitation of remedy, to (i) temporary and permanent injunctive and other equitable relief restraining you from activities constituting a violation, breach, or threatened breach of these Terms to the fullest extent allowed by law, and (ii) all such other remedies available at law or in equity, including, without limitation, the recovery of damages. 

10 – Dispute Resolution

Except where and to the extent prohibited by law, by using the Services, you and Stashlete agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Services or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Both you and Stashlete agree that this dispute resolution procedure is a condition precedent that must be satisfied before filing any demand for arbitration against the other party.

11 – Arbitration

To the fullest extent permitted by law of the applicable jurisdiction, any dispute, claim, or controversy arising from the access and use of the Services or these Terms, including the interpretation of this Arbitration Section, that cannot be resolved by the above dispute resolution procedure, SHALL BE RESOLVED SOLELY BY FINAL AND BINDING INDIVIDUAL ARBITRATION. ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITES OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 Any arbitration shall be governed by the Rules of Arbitration of the American Arbitration Association and shall take place in Atlanta, Georgia, unless both parties agree in writing to a different location.

In the event of a conflict between this agreement to arbitrate and any other arbitration agreement between you and the Stashlete, such as an arbitration agreement contained in a  sales contract, lease agreement, repair estimate, or any other agreement arbitration agreement), the terms of the these Terms shall govern and prevail in each instance.

12 – Class Action Waiver

YOU AND STASHLETE EACH FURTHER AGREE THAT EACH IS WAIVING THEIR RIGHT TO SUE EACH OTHER IN COURT, INCLUDING TO A TRIAL BY JURY, OR TO PARTICIPATE IN A CLASS ACTION. You and Stashlete agree that each may bring claims against the other only in your or its individual capacity, and not as a representative or part of any class or consolidated action or proceeding. If the dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. 

13 – Indemnification

You agree to defend, indemnify, and hold harmless Stashlete’s officers, directors, employees, agents, affiliates, successors, and assigns (collectively, the “Indemnitees”) from and against any and all claims, liabilities, damages, awards, losses, costs, or fees (including reasonable attorneys’ fees) arising out of or relating to your access to and use of the Services, User Comments and Feedback you post to or transmit through the Service, infringement of any intellectual property rights, or your violation of these Terms (collectively, “Claims”). Stashlete reserves the right, in Stashlete’ sole discretion and at Stashlete’s own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Stashlete in the defense of any Claims and in any event may not settle any Claims without Stashlete’s prior written consent.

14 – Disclaimer of Warranties

ALL OF THE WEBSITES AND THE CONTENT CONTAINED THEREIN, INCLUSIVE OF ANY THIRD-PARTY CONTENT, ARE PROVIDED “AS IS” WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. STASHLETE IS NOT RESPONSIBLE FOR ANY USER COMMENTS POSTED TO THE WEBSITES.

Stashlete disclaims any duty to update the Services or to correct any errors and it is your responsibility to evaluate the timeliness, quality, accuracy, reliability, availability, and completeness of any information and material, including Third-Party Content, contained on the Services. Stashlete does not warrant or guarantee that the Services will be error-free, virus-free, or that access to the Services will be uninterrupted, or that the platform, its servers, or the Content are free of destructive features. If you download or otherwise obtain any material from the Services, you do so solely at your own discretion and risk, and you will be solely responsible for any damages to your computing system or any loss of data that results from downloading or otherwise obtaining that material. You assume all responsibility and risk of loss resulting from your use of the Services.

15 – Limitation of Liability

IN NO EVENT WILL STASHLETE, OUR INDEMNITEES, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING, OR MANAGING THE WEBSITES (COLLECTIVELY, THE “SERVICE PROVIDERS”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES MEASURED BY LOST PROFITS AND/OR ANY OTHER INTANGIBLE OR SPECULATIVE LOSS, ARISING OUT OF YOUR USE OR INABILITY TO USE THE WEBSITES, INCLUDING, WITHOUT LIMITATION, OMISSIONS OR INACCURACIES IN THE CONTENT, UNAUTHORIZED ACCESS, FORCE MAJEURE, OR ANY FAILURE OF PERFORMANCE, EVEN IF THE DAMAGES WERE FORESEEABLE OR ANY OF THE SERVICE PROVIDERS ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

Some states or jurisdictions do not allow the exclusion of certain warranties or limitations of certain liabilities. Accordingly, if some of the above provisions do not apply to you, whether by statute or legal action, then you expressly agree that these Disclaimer of Warranties and Limitation of Liabilities Sections will be construed to apply to the maximum extent permitted by law. In no event shall Stashlete’s total, aggregate liability for any cause of action of any kind – whether in contract, tort, (including, but not limited to, negligence), strict liability or otherwise, even if it is foreseeable – exceed $100.

16 – Assignment

You may not assign or otherwise transfer ownership of your rights and obligations under these Terms, by operation of law or otherwise, without the prior written consent of Stashlete. Stashlete may freely assign, transfer and delegate these Terms or any rights and/or obligations hereunder without your consent. The relationship of the parties under these Terms is that of independent contractors, and these Terms will not be construed to imply that either party is the agent, employee, or joint venture of the other.

17 – Electronic Communications

You consent to receive communications from Stashlete electronically. Stashlete will communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that Stashlete provides to you electronically satisfy any legal requirement that such communications be in writing. You may opt-out of receiving our newsletter or promotional materials via electronic communication at any time.

18 – Entire Agreement and Severability

These Terms, including the Privacy Notices and any other document referred to in these Terms, represent the entire agreement between Stashlete and you relating to the subject matter herein. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. The failure of Stashlete to exercise in any respect any right provided for in these Terms shall not be deemed a waiver of any rights hereunder. Stashlete reserves all rights not expressly described in these Terms.

19 – Section Headings

Section headings in these Terms are for convenience or reference only and shall not govern the interpretation of any provision of these Terms.

20 – Notices

If you have any questions regarding the Services or these Terms, please contact Stashlete at:
Stashlete, Inc.
Email: contact@stashlete.com