By registering with Buckworm and checking the box to agree with the Terms of Service or by using Buckworm Website, you have agreed to the below Terms & Conditions ("Terms") and Buckworm's Privacy Policy:

Last updated: August 7, 2017

1. Your Acceptance of the Terms

Buckworm, Inc. ("Buckworm" "we" or "us" or "our") owns and operates the website, www.buckworm.com, the mobile app and any sites,(collectively, "Site" or “Platform”) we have now or in the future that reference these Terms and Conditions ( "Terms"). By using the Site, you agree to these Terms and Conditions (defined below) and any additional terms applicable to certain programs in which you may elect to participate. You also agree to our Privacy Statement and acknowledge that you will regularly visit the Terms and Conditions (defined below) to familiarize yourself with any updates. The Privacy Statement, together with these Terms and Conditions, and any other terms contained herein or incorporated herein by reference, are collectively referred to as the "Terms and Conditions". The term "using" or "user" or "users" also includes any person or entity that accesses or uses the Site with crawlers, robots, data mining or extraction tools or any other functionality.

IF YOU DO NOT AGREE TO THE TERMS, IMMEDIATELY STOP ACCESSING OR USING ANY OF THE SITES AND/OR SERVICES. BY USING THE SITES AND/OR SERVICES, YOU HAVE ACCEPTED THE TERMS.

2. Certain Conditions Placed on Your Use of the Site and Services

Your permission to use the Sites and/or Services is conditioned upon your agreement that you:

  • if you are under 13 years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under the age of majority in your jurisdiction (typically 18 or 19 years of age), you may use the Services, with or without registering, only with the approval of your parent or guardian
  • you will only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
  • are able to form a binding contract with us;
  • you will only make purchases on the Site for your own use and enjoyment or, as a gift for another person;
  • are not prohibited by law from accessing our Sites and/or Services or have not previously been banned, terminated or otherwise denied access to our Sites and/or Services by us;
  • are not acting on behalf of a person whose access to our Sites and/or Services has been previously terminated or otherwise denied by us;
  • you will only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
  • will not impersonate another user of the Sites and/or Services;
  • you will not attempt to use the Site with crawlers, robots, data mining or extraction tools or any other functionality;

3. About The Site

Buckworm provides communication and fundraising service for schools, individuals and any nonprofit organizations to raise money for related Cause/Campaigns and projects through direct donations and/or the purchase of products and services being advertised or made accessible through the Buckworm Site. The Site allows users to: purchase certain products and services from Causes, Charitable organization Partners or any User of the Site (Buckworm Business Partners “BP's") who have an Affiliate Marketing Agreement or through any terms agreed with Buckworm and where these products or services are sold on or through the Site and include but are not limited to Pre-Purchase offers, Gift Certificates or any products or services which are sold by BP’s through links accessible on the Site. Note: Visiting a Buckworm Partner site and/or purchases made through BP’s which are transacted and processed through their respective sites and are subject to their Terms and Conditions, Privacy Policies and any other rules, terms or regulations as governed by them.

A percentage of each purchase made from or through BP's or other methods as identified by Buckworm may be eligible to have a percentage of a purchase automatically donated (“funded”) by Buckworm less applicable fees if any), to the user's school, Cause/Campaign or Cause/Campaign/ Organizers of choice.

4. How it Works

When you sign up with Buckworm and were invited by a Cause/Campaign/ Organizers or you choose or create a Cause or Campaign, you will enter a code provided by the Cause/Campaign/ Organizers or create a code if you are looking to connect contacts to a Cause you chose or created. Users enjoy great deals and discounts where a percentage of every purchase they make via the Buckworm Site will be donated to their Cause/Campaigns. Funding percentages are targeted at a minimum of 50% of Buckworm's advertising. Buckworm has the right to adjust this percentage with or without notice but will make every reasonable effort to ensure full transparency.

5. Links To Other Web Sites

Our Site contains links to third party web sites or sites that are not owned or controlled by Buckworm. Buckworm has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. You acknowledge and agree that Buckworm shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites that you visit or services which you engage.

6. Electronic Communication

The communications between you and Buckworm are electronic. You consent to receive communications from Buckworm in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.

7. Your Privacy

A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information by Buckworm is located at Buckworm Privacy Policy. You consent to any personal information we may obtain about you (either via the Buckworm Sites, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice. Buckworm may update its Privacy Notice from time to time, in its sole discretion, and post an updated version of the notice at the website address provided above.

8. Refunds and Buckworm User Purchase Liability Related to All Advertising and Content on Buckworm Sites

If you are seeking a refund on any purchase made through the Site, or at or through any advertiser who promoted their products or services on the Site, you must contact and adhere to the advertising merchant, individual, Cause, Campaign Organizer or any entity’s refund terms and conditions (if any) with whom you made the purchase. Buckworm makes no representation or warranty as to the accuracy or fitness of any coupons or any offers or any advertised services or products promoted on the Buckworm app, Buckworm website or any property owned or promoted by Buckworm. You understand that Buckworm does not and cannot review all material including but not limited to offer and advertiser related content. You are knowingly and voluntarily assuming all risks of using coupons and any offers, products or services advertised, presented or promoted by or through Buckworm. In any case you are disgruntled, you need to directly contact the merchant, individual or entity with whom the purchase was made. Buckworm also asks that you send us any comments to info@buckworm.com as we like to identify any issues which may diminish user experience.

9. Card Linking Terms and Conditions

These Terms and Conditions ("Terms") are a contract between you and Buckworm (collectively, Buckworm, “us”, “we” or “our”). These Terms apply to and govern the Buckworm Card Linked Offers and your participation in the Buckworm Card Linked Offers. By enrolling in the Buckworm Card Linked Offers you acknowledge that you have read, understood, and agree to be bound by the following Terms. We may amend any part of these Terms from time to time as further described below. The Terms constitute the entire agreement between you and Buckworm related to the Buckworm Card Linked Offers.

Overview of Buckworm Card Linked Offers:

The Buckworm Card Linked Offers allows you to receive cashback in the form of credit issued to your registered payment card when you make a Qualified Purchase at participating merchants as further described below. A “Qualified Purchase” is a purchase from a participating merchant using your registered card in accordance with the terms of the Offer and these Terms. An “Offer” is the cashback percentage or amount offered by the merchant, which may include, but not limited to, a minimum transaction amount, expiration date, any other additional terms or limitations associated to the offer.

Registration:

a. THE Buckworm Card Linked Offers IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE Buckworm Card Linked Offers. BY USING THE Buckworm Card Linked Offers, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE Buckworm Card Linked Offers

b. SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND ALL APPLICABLE LAWS, Buckworm grants you permission to access and use the Buckworm Card Linked Offers solely for your personal use, at the level for which you have registered, as set forth in these Terms and consistent with the intended features of the Buckworm Card Linked Offers.

c. In order to use the Buckworm Card Linked Offers, you must have a Buckworm account in good standing and you must enroll a valid, eligible credit or debit card by submitting your card information that Buckworm requests. You agree that the information you provide to Buckworm on registration and at all other times, will be true, accurate, current, and complete, and that you will keep this information accurate and up-to-date at all times and you represent and warrant that you are authorized to use the payment card that you submitted.

d. By registering for or interacting with the Buckworm Card Linked Offers you represent that you have read and accepted the terms of the https://www.buckworm.com/privacy_policy.php

Use of Enrolled Cards and Transaction Information::

a. By registering a payment card in connection with transaction monitoring, you authorize Buckworm to share your payment information with Buckworm’s Third Party Service Providers (including Empyr, Inc.) and Payment Card Network (e.g. Visa, MasterCard, American Express) so it knows you enrolled. You authorize Payment Card Network to monitor transactions on your registered card(s) to identify Qualifying Purchases in order to determine whether you have qualified for or earned an offer linked to your payment card, and for Payment Card Network to share such transaction details with Empyr and for Empyr to share such transaction details with Buckworm to enable your card-linked offer(s) and target offers that may be of interest to you. You may opt-out of transaction monitoring on the payment card(s) you have registered by going to the Card Link Setting section of the app by tapping on the Menu button. Tap on Edit button and tap on. You agree that Buckworm and its

  • Third Party Service Providers may view your transactions, as well as historical transactions, made by you with participating merchants.
    "Third Party Service Providers" means third parties, including Empyr, Inc. ("Empyr") that enable us to provide Buckworm Card Linked Offers. We use Empyr as our service provider to help us operate Buckworm Card Linked Offers. Your payment cards may only be enrolled in one program operated by Empyr. If you have already activated a payment card with a separate program operated by Empyr, you will be unable to activate that payment card in both the Buckworm Card Linked Offers and the other program. You may use another payment card with the Buckworm Card Linked Offers or deactivate your card with the other program.

b. Notwithstanding anything to the contrary in the Privacy Policy, Company and its Third Party Service Providers will use transaction information solely as follows:

  1. i. Use your transaction data to confirm a Qualifying Purchase or return to match transactions to confirm whether you qualify for a statement credit or an Offer
  2. ii. May share transaction data with the participating merchant where a transaction occurred as needed for the merchant to confirm a specific transaction occurred or points should be awarded; for example, the date and amount of your purchase and the last 4 digits of your card number so the merchant can verify your purchase with its records if there is a missing or disputed transaction
  3. iii. May provide participating merchants or Third Party Service Providers aggregated and anonymized information relating specifically to registered card activity solely to allow participating merchants and Third Party Service Providers to assess the results of their campaign
  4. iv. Create a record of the transaction data and thereafter maintain and use data in connection with operating Buckworm Card Linked Offers
  5. v. Provide targeted offers that may be of interest to you
  6. vi. Conducting analysis for the improvement and optimization of Buckworm Card Linked Offers
  7. vii. May provide information in order to respond to a request from government authority or a payment organization involved in a transaction with you or a merchant

c. You authorize the sharing, exchange and use of transaction data described above and herein by and among Buckworm, Buckworm and Empyr’s Third Party Service Providers, applicable Payment Card Networks and applicable Merchants.

Special Notes for Visa, MasterCard and American Express Cardholders:

a. Not all Visa, MasterCard and American Express cards are eligible for registration and not all transactions with your registered Visa, MasterCard and American Express card are tracked by Visa, MasterCard and American Express. Without limitation, Visa, MasterCard and American Express Corporate cards, Visa, MasterCard and American Express Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) or insurance prepaid cards, Visa Buxx, and Visa-branded cards whose transactions are not processed through the Visa U.S.A payment system, MasterCard payment system and/or American Express payment system are not eligible to participate. Do not use a Personal Identification Number (PIN) when paying for your purchases with your Card if you want the transaction to be eligible for rewards or offer completion.

Credits:

a. Your registered payment card will be charged the full purchase price at the time of purchase and credits will not be included in your receipt from the merchant. Your credit will generally be reflected on your designated payment card in the month following earning at least $10 in credits on your account. You must comply with all Offer requirements and Buckworm Card Linked Offers terms to receive the credit. You are responsible for any taxes you may incur as a result of the credit.

Modification of Terms:

a. From time to time, Buckworm may change, modify, add, or remove portions of the Terms, and reserves the right to do so in its sole discretion. If we modify the Terms, we will make them available through the Buckworm Card Linked Offers, and indicate the date of the latest revision. We encourage users to review the Terms periodically for changes. In the event that the modifications materially alter your rights or obligations hereunder we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the MOGL Service for the first time after such material changes are made. All amended Terms automatically take effect 30 days after they made available through the Buckworm Card Linked Offers, except that (i) disputes between you and Buckworm will be governed by the version of the Terms that was in effect on the date the dispute arose and (ii) if you do not agree with any changes to the Terms, you may terminate these Terms by ceasing use of the MOGL Service. Your continued use of the Buckworm Card Linked Offers after revised Terms have become effective indicates that you have read, understood and agreed to the current version of the Terms

Disclaimers; No Warranties:

a. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Buckworm AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS OR THIRD PARTY SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Buckworm DOES NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE Buckworm Card Linked Offers, INCLUDING WITHOUT LIMITATION TRANSACTION DATA OR USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE Buckworm Card Linked Offers.

b. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

c. NOT ALL CARDS ARE ELIGIBLE AND NOT ALL TRANSACTIONS CAN BE MONITORED. FOR DEBIT CARDS, RUN TRANSACTION AS CREDIT, DO NOT USE PIN. $250 MAX CASHBACK PER TRANSACTION AND OTHER OFFERS MAY APPLY. SEE TERMS AND CONDITIONS FOR FULL CARD, OFFERS AND TRANSACTION ELIGIBILITY DETAILS.

Limitation of Liability and Damages:

a. UNDER NO CIRCUMSTANCES WILL Buckworm OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, PAYMENT CARD NETWORKS, OR THIRD PARTY SERVICE PROVIDERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE Buckworm Card Linked Offers, EVEN IF Buckworm OR A Buckworm AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Buckworm'S OR ITS AFFILIATES', CONTRACTORS', EMPLOYEES', AGENTS', PAYMENT CARD NETWORKS, OR THIRD PARTY SERVICE PROVIDERS OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSE/CAMPAIGNS OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE Buckworm Card Linked Offers (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID TO YOU, IF ANY, FOR ACCESSING THE Buckworm Card Linked Offers DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM.

b. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Termination:

a. By Buckworm. You agree that Buckworm, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Buckworm or use of the Buckworm Card Linked Offers and remove and discard all or any part of your account or any content uploaded by you, at any time. Buckworm may also in its sole discretion and at any time discontinue providing access to the Buckworm Card Linked Offers, or any part thereof, with or without notice. You agree that any termination of your access to the Buckworm Card Linked Offers or any account you may have or portion thereof may be affected without prior notice, and you agree that Buckworm will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Buckworm Card Linked Offers may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Buckworm may have at law or in equity. Sections that by their terms apply after it ends will survive any termination or cancellation of these Terms.

Laws and Jurisdiction:

a. These Terms shall be governed in all respects by the laws of the State of Florida and Dade County as they apply to agreements entered into and without regard to conflict of law provisions. You agree that any claim or dispute you may have against Buckworm must be resolved by a court located in Florida and Dade County, unless agreed in writing otherwise by the parties. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be reformed to the minimum extent necessary to make it valid and enforceable, or, if not capable of reformation, will be deemed severable from these Terms, and will not affect the validity and enforceability of any remaining provisions. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, including by operation of law or otherwise, but may be assigned by Buckworm without restriction.

Third-Party Sites:

a. The Buckworm Card Linked Offers may include links or content relating to third party websites, or services while participating in the Buckworm Card Linked Offers. Buckworm isn't responsible for third-party websites, services, or content available through those third-party websites or services. Your correspondence or business or other dealings with advertisers or other third party service providers encountered on or through the Buckworm Card Linked Offers is solely between you and such third party. Your use of third-party websites or services may be subject to that third-party's terms and conditions. You agree that Buckworm will not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as the result of the presence of such third party sites.

Statement Credits:

General description of how statement credits work, eligibility, and timing
Example:
Statement credits will not appear or be reflected on your transaction receipt from the Merchant at the time of purchase, and will instead be reflected on your periodic card statement. Subject to eligibility verification and settlement of the Qualifying Transaction, statement credits will typically appear on your card statement approximately 30 days after the qualifying transaction, but may be subject to delays. If Visa is providing the statement credits service, add additional terms, caveats, and disclaimers
Example:
Statement credits cannot be processed if your card number expires or changes while the statement credit is pending and not settled, or your card account is not open or in good standing. You may not receive a statement credit if it is not posted by your card issuer. Buckworm Inc. the applicable card network, and your issuer have no responsibility or liability for the failure of a statement credit to be posted, or for any finance or other charge, or impact on any rewards, feature, or term of your account resulting from the statement credit. In no event shall the applicable card network be considered as maintaining any type of financial obligation or deposit or other asset account, or holding funds or other value for you for distribution to you. Any pending statement credits and any associated dollar values represent offer fulfillment amounts in process owed by the applicable merchant, and not your funds or balances maintained or held by the payment card network or Buckworm Inc.

Opt Out:

If you have consented to participate in our Card Link Program https://buckworm.com/more/bw-mogl-signup-explainers.html, please visit Buckworm’s Terms and Conditions https://www.buckworm.com/terms_and_conditions.php and make sure you review Section 9 “Card Linking Terms and Conditions” to learn more about the data collection, use, and sharing practices in connection with the program. You agree that Buckworm and its Third Party Service Providers may view your transactions, as well as historical transactions, made by you with participating merchant. If you would like to opt out of card linking and transaction monitoring in connection with the program, please follow the steps listed below:
  1. Go to your Buckworm app and Login.

  2. On the Homepage of the Buckworm app, tap on Card Linked Offers.

  3. Tap on MANAGE LINKED CARDS button.

  4. Under YOUR LINKED CARDS section, tap on the red x button on the Card you want to delete.

  5. Confirm you want to delete card by tapping YES, DELETE MY CARD! button.

  6. You’ll get a confirmation now that your Card has been deleted.

  7. You must repeat this process for every Card you wish to delete.

10. Direct Donations to a Charitable Organization or any Campaign presented on the Platform

Donation Services Description:

The Services are offered as a platform to users of the Services, which may include Cause/Campaign/ Organizers and Donors (each defined herein) and other registered users of the Services (which may include users who simply "like" Campaigns or otherwise interact with the Platform or Services). Among other features, the Services are designed to allow a user (a "Campaign Organizer") to post a fundraising campaign ("Campaign") to the Platform to accept monetary donations ("Donations") from those registered users wishing to contribute funds to the Campaign ("Donors"). For purposes hereof, the term "Campaign Organizer" shall also be deemed to include any individual(s) designated as a beneficiary of a Campaign. Although there are no fees to set up a Campaign, a percentage of each Donation will be charged as fees for our Services. Please see our Fees section for details.

Donations:

In order to contribute to a Campaign or to a Charity, a Donor will be required to provide Buckworm information regarding its credit card or other payment instrument. You, as a Donor, represent and warrant to Buckworm that such information is true and that you are authorized to use the payment instrument. You agree that a certain minimum Donation amount may apply, and that all Donation payments are final and will not be refunded unless Buckworm, in its sole discretion, agrees to issue a refund. Donors may have the option to contribute recurring period Donations, and in electing to contribute on a recurring basis, you, as a Donor (i) agree to promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur and to pay the Donation amount that you specify, and (ii) hereby authorize Buckworm to bill your payment instrument in advance on a periodic basis until you terminate such periodic payments, which can be done at any time through the Platform.

Fees:

Buckworm does not charge a Campaign Organizer any upfront fees for initiating a Campaign. Buckworm retains a flat percentage of each Donation contributed to a Campaign and all charitable contributions made to a Charity (collectively, "Buckworm Platform Fees"). An additional payment processing fee is also deducted from each Donation (the "Payment Processing Fee," and together with the Buckworm Platform Fees and any other imposed taxes or fees, the "Fees"). Donors acknowledge that by contributing a Donation to a Campaign, the Donor is agreeing to any and all applicable terms and conditions set forth by our payment partners, in addition to these Terms of Service, including Braintree Terms of Service Agreement, and PayPal Giving Fund’s terms of service.
Fees are deducted directly from each Donation, and will not be reflected in the amount which a Campaign Organizer can withdraw from the Campaign or which is directed to a Charity. We reserve the right to change Buckworm's Fee pricing from time to time. If Buckworm does change its Fees, Buckworm will provide advance notice of the change on the Platform or in email to you, at Buckworm's option. Your continued use of the Services after the Fee change becomes effective constitutes your acceptance of the updated Fees. Unless expressly stated otherwise, all Fees referred to in these Terms of Service are exclusive of Value Added Tax, Goods and Services Tax and any other taxes, where applicable.

Account Holds:

From time to time, Buckworm may place a hold on a Campaign account (a "Hold"), restricting Withdrawals (defined herein) by a Campaign Organizer. Some of the reasons that we may place a Hold on a Campaign Account include the following: (i) if we have reason to believe (in our sole discretion) that information provided by a Campaign Organizer is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) if the funds available should be provided directly to a person other than the Campaign Organizer (such as a legal beneficiary or person entitled by law to act on behalf of a Campaign Organizer), (iii) if we have reason to believe that a Campaign or Campaign Organizer has violated these Terms of Service, or (iv) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Campaign account, or need information about how to resolve the Hold, please contact us at info@buckworm.com.

Withdrawing Donations from a Campaign:

You, as a Campaign Organizer (or, as applicable, the beneficiary designated by the Campaign), may withdraw Donations to your Campaign at any time up to the full amount of all Donations credited to your Campaign, less Fees and any previously withdrawn amounts ("Withdrawals") and subject to any Holds that we or our payment partners may place on your Campaign account. A Campaign Organizer may withdraw Donations by electronic wire transfer to your bank account or by receipt of a paper check in certain cases. While Buckworm strives to make Withdrawals available to you promptly, you acknowledge and agree that Withdrawals may not be available to you for use immediately, and Buckworm does not guarantee that Withdrawals will be available to you within any specific time frame, and Buckworm expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as a Campaign Organizer, are responsible for ensuring that the information you provide to Buckworm in order to process a Withdrawal, including your bank account information, is accurate and up to date.

Charitable Giving:

Some Campaigns may not be charities to which you can make tax-deductible charitable contributions. However, in addition to the Services described above, Buckworm permits Donors to contribute directly to certain charitable organizations ("Charities") through the Platform. Any donation you make to a Charity through the Platform will be subject to a Services fee as described at Buckworm.com/pricing. You understand and acknowledge, however, that Buckworm is not a charity. If you or your charity would like to register to be listed as a charitable organization on the Platform, please contact us at info@Buckworm.com and we can help facilitate that process. As used in this Agreement, the term "Campaign" does not refer to a Charity, and you acknowledge that contributions to Campaigns are not deductible under your jurisdiction’s applicable tax laws and regulations.

The Services are a Platform:

We are not a Broker, Financial Institution, Creditor or Charitable Institution: The Services are an administrative platform only. Buckworm facilitates the Donation transaction between Campaign Organizers and Donors, but is not a party to any agreement between a Campaign Organizer and a Donor, or between any user and a Charity. Buckworm is not a broker, agent, financial institution, creditor or insurer for any user. Buckworm has no control over the conduct of, or any information provided by, a Campaign Organizer or a Charity, and Buckworm hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.

Buckworm does not guarantee that a Campaign or a Charity will obtain a certain amount of Donations or any Donations at all. We do not personally endorse any Campaign, Campaign Organizer, or Charity, and we make no guarantee, explicit or implied, that any information provided through the Services by a user is accurate. We expressly disclaim any liability or responsibility for the success of any Campaign, or the outcome of any fundraising purpose. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Campaign, Campaign Organizer, or Charity.
We do not and cannot verify the information that Campaign Organizers supply, nor do we guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a Campaign Organizer or Charity. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws; such responsibility rests solely with the Campaign Organizer or Charity, as applicable. While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Service, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Campaign Organizer or Charity is not raising or using the funds for their stated purpose, please use contact us at info@buckworm.com to alert our team of this potential issue and we will investigate.
You, as a Campaign Organizer, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any user; (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post; (iii) you will comply with your jurisdiction’s applicable laws and regulations when you solicit funds, particularly, but not limited to, laws relating to your marketing and solicitation for your project; and (iv) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize Buckworm, and Buckworm reserves the right to, provide information relating to your Campaign with donors and beneficiaries of your Campaign, and with law enforcement or to assist in any investigation.

11. Your Registration Obligations

You may be required to register with Buckworm in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services' registration form. Campaign Organizers must register using their true identities, including their name and any image or video purporting to depict the Campaign Organizer. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under the age of majority in your jurisdiction (typically 13 or 19 years of age), you may use the Services, with or without registering, only with the approval of your parent or guardian. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., payment processors) in order to utilize such Services. For example, Braintree is one of Buckworm’s payment processing partners. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/bank-agreement. When you use Braintree services, your right to use such services is strictly confidential for the purpose you provide in the details of your registration. You may not resell, hire, or on any other basis, allow third parties to use the payment services to enable such third parties to be paid for their services. You may not use the payment services for any different purpose than as registered with our application. If Buckworm or Braintree at any time discovers that the information you provided about you or the purpose of your campaign is incorrect or changed without informing us or if you violate any of these conditions, the services may be suspended and/or terminated with immediate effect and fines may be applied by the Credit Card Schemes and/or the authorities for unregistered use of payment services which will in such case be payable by you. Buckworm will assist and support you in your use of the payment processing services to be provided by Braintree (i.e., the Processor) and we will provide you with first-line assistance with and enable you to connect to the systems of Braintree to be able to use its services. For this purpose, you understand that you are instructing Braintree to provide Buckworm with access to your data and setting in Braintree’s systems, which are used by Braintree to provide the services and authorize us to manage these on your behalf. While we may help facilitate such registration in some cases in connection with payment processors with which Buckworm has partnered, we are not a party to any such relationships and disclaim any responsibility or liability for the performance by such third parties. We may exchange information with such third-party services in order to facilitate the provision of Services (and related third party services). Where such information consists of Personal Data (as defined in the Privacy Policy), it will only be shared in accordance with the Privacy Policy. Taxes: It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.

12. Member Account, Password and Security

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Buckworm of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session when accessing the Services. Buckworm will not be liable for any loss or damage arising from your failure to comply with this Section.
Payment Card Industry Data Security Standard: The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes, or stores credit cards. The primary purpose of the standards is to maintain controls around cardholder data to reduce credit card fraud. As a service provider, Buckworm utilizes our payment processor’s technology in order to maintain PCI compliance, Said another way, when a user enters their payment information through our platform they are doing so directly in fields managed by our PCI complaint payment processor Braintree. Buckworm utilizes Braintree’s v.zero SDK or Braintree’s Hosted Fields which are PCI DSS compliant.

13. Modifications to Services:

Buckworm reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof). We will endeavor to give you notice of any such modification, suspension or discontinuance. You agree that, to the extent permitted by law, Buckworm will not be liable to you for any modification, suspension or discontinuance of the Services in accordance with these Terms of Service.

14. General Practices Regarding Use and Storage:

You acknowledge that Buckworm may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Buckworm's servers on your behalf. You agree that Buckworm has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that Buckworm reserves the right to terminate accounts or Campaigns that are inactive for an extended period of time, provided that Buckworm will use its commercially reasonable efforts to provide a Campaign Organizer with reasonable notice before terminating an inactive Campaign having a positive balance of Donations. You further acknowledge that Buckworm reserves the right to change these general practices and limits at any time, in its sole discretion. We will endeavor to give you notice of any such change where required by applicable law.

15 Mobile Services:

The Services include certain services that are available via a mobile device, including (i) the ability to upload content to the Platform via a mobile device, (ii) the ability to browse the Platform from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Buckworm and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your Buckworm account information to ensure that your messages are not sent to the person that acquires your old number.

16. Conditions of Use

User Conduct:

You are solely responsible for all Campaign descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or transmit or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by Buckworm. However, this list is not exhaustive and Buckworm reserves the right to investigate anyone by engaging public and private organizations, including, but not limited to collection agents, private investigators, and local, state, federal and applicable international agencies, and take appropriate action against anyone who, in Buckworm's sole discretion, violates any of the terms or spirit of these Terms of Service (or the principles described in our preamble hereto), including, without limitation, removing the offending content, suspending or terminating the account of such violators, stopping payments to any such Campaign, freezing or placing a hold on donated funds when Buckworm reasonably believes it to be required by applicable law, and reporting you to law enforcement authorities or otherwise taking appropriate legal action. Without limiting the foregoing, you agree to not use the Services to:
  • A. establish or contribute to any Campaign with the implicit or express purpose relating to any of the following:
    • 1. any activity that violates any law or governmental regulation;
    • 2. content or campaigns that are fraudulent, misleading, inaccurate, dishonest, impossible or imitating any other person or fundraising campaign (whether on the Platform or not);
    • 3. illegal drugs, narcotics, steroids, controlled substances or other products that present a risk to consumer safety or any related paraphernalia;
    • 4. knives, explosives, ammunition, firearms, or other weaponry or accessories;
    • 5. annuities, investments, equity or lottery contracts, lay-away systems, offshore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), debt collection or crypto-currencies;
    • 6. gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery) or sweepstakes;
    • 7. the promotion of hate, violence, harassment, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases;
    • 8. activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
    • 9. ransom, human trafficking or exploitation;
    • 10. pornography or other sexual content;
    • 11. offensive, graphic, perverse or sensitive content;
    • 12. the defense or support of anyone alleged to be involved in criminal activity;
    • 13. offering monetary rewards, including gift cards;
    • 14. transactions for the sale of items before the seller has control or possession of the item;
    • 15. collection of payments on behalf of merchants by payment processors or otherwise; or

16. credit repair or debt settlement services.

B. transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; or (vi) in the sole judgment of Buckworm, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Buckworm or its users to any harm or liability of any type; or
C. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
D. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means.

Special Notice for International Use; Export Controls:

Software (defined below) available in connection with the Services and the transmission of applicable data, if any, may be subject to export controls and economic sanctions laws of the United States or other jurisdictions. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of such export control and economic sanctions laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.

17. Apple-Enabled Software Applications

Buckworm offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. ("Apple"), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, "Apple-Enabled Software"), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
  • Buckworm and you acknowledge that these Terms of Service are concluded between Buckworm and you only, and not with Apple, and that as between Buckworm and Apple, Buckworm, not Apple, is solely responsible for the AppleEnabled Software and the content thereof.
  • You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
  • Your license to use the Apple-Enabled Software is limited to a nontransferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
  • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
  • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Buckworm's sole responsibility, to the extent it cannot be disclaimed under applicable law.
  • Buckworm and you acknowledge that Buckworm, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third party claim that the Apple-Enabled Software or the end-user's possession and use of that Apple-Enabled Software infringes that third party's intellectual property rights, as between Buckworm and Apple, Buckworm, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties and (iii) you are not located in any other country or jurisdiction from which you would be barred from using the Services by applicable law.
  • If you have any questions, complaints or claims with respect to the AppleEnabled Software, they should be directed to Buckworm as follows:

Buckworm

PO Box 675

Montvale NJ 07645

info@Buckworm.com

Buckworm and you acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the AppleEnabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof. Accordingly, the parties acknowledge and agree that Buckworm enters into this clause (“AppleEnabled Software Applications”) for its own benefit and on its own behalf and also as an agent for the benefit and on behalf of Apple and its subsidiaries with respect to the exercise and enforcement of all rights, benefits and remedies of Apple and its subsidiaries (but not any obligation or burden) in this clause (“Apple-Enabled Software Applications”) which rights, benefits and remedies shall be enforceable by Buckworm in its own right and also as agent for and on behalf of each of Apple and its subsidiaries. Buckworm may amend, terminate or rescind these Terms of Service without the consent of Apple or any such subsidiary.

18. Intellectual Property Rights

Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features ("Services Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Buckworm, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Buckworm from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Buckworm, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Buckworm.
The Buckworm name and logos are trademarks and service marks of Buckworm (collectively the "Buckworm Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to Buckworm. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Buckworm Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Buckworm Trademarks will inure to our exclusive benefit.
Third-Party Material: Under no circumstances will Buckworm be liable in any way for any content or materials of any third parties (including users and Campaign Organizers), 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. You acknowledge that Buckworm does not pre-screen content, but that Buckworm and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Buckworm and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Buckworm, in its sole discretion, to be otherwise objectionable.
User Content Transmitted Through the Services: With respect to the content, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading any User Content you hereby grant and will grant Buckworm and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless Buckworm and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or 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 your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of Buckworm in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or Buckworm's exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions"), provided by you to Buckworm are non-confidential and Buckworm will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Buckworm may preserve content and may also disclose content 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, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Buckworm, its users or the public.
Copyright Complaints: Buckworm respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Buckworm of your infringement claim in accordance with the procedure set forth below.
Buckworm will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Buckworm's Copyright Agent at info@buckworm.com (Subject line: "DMCA Takedown Request").
To be effective, the notification must be in writing and contain the following information:
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:
  • your physical or electronic signature;
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Buckworm will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Buckworm has adopted a policy of terminating, in appropriate circumstances and at Buckworm's sole discretion, users who are deemed to be repeat infringers. Buckworm may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

19. Third Party Websites/Services

The Services may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the Internet. Buckworm has no control over such sites, services and resources and Buckworm is not responsible for and does not endorse such sites, services and resources. You further acknowledge and agree that Buckworm will not be responsible or liable, directly or indirectly, for any damage or loss Cause/Campaignd or alleged to be Cause/Campaignd by or in connection with use of or reliance on any content, events, goods or services available on or through any such site, service or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Buckworm is not liable for any loss or claim that you may have against any such third party.

Indemnity and Release

You agree to release, indemnify on demand and hold Buckworm and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Campaign, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 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." If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.

20. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BUCKWORM AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BUCKWORM AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION 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, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

21. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLIABLE LAW, NEITHER BUCKWORM NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF BUCKWORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, 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. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BUCKWORM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSE/CAMPAIGNS OF ACTION EXCEED THE AMOUNT YOU HAVE PAID BUCKWORM IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
Dispute Resolution by Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most user concerns can be resolved quickly and to the user's satisfaction by emailing Buckworm support at info@buckworm.com . In the unlikely event that our user support team is unable to resolve a complaint you may have (or if Buckworm has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Also, in any arbitration under this arbitration provision in which you seek less than $75,000 in damages, Buckworm will pay reasonable attorneys' fees should you prevail. Buckworm will not seek attorneys' fees from you. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of attorneys' fees will be governed by the AAA Rules (as defined below) or the rules of the local governing arbitration body in the case AAA Rules are not available. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.

22. Arbitration Agreement

Buckworm and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
  • • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
  • • claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
  • • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • • claims that may arise after the termination of these Terms of Service.
  • References to "Buckworm", "we", "you", and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, provincial, national or local agencies, including, for example, if residing in the United States, the Federal Communications Commission or the Attorney General of your state. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Buckworm are each waiving the right to a trial by jury or to participate in a class action. If residing in the United States, 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.
    A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). PO Box 675 Montvale NJ 07645 Attn: Corporate Counsel, with a copy by email to info@buckworm.com,("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Buckworm and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Buckworm may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Buckworm or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Buckworm is entitled.
    The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Service, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of these Terms of Service. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless Buckworm and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location in the United States for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Buckworm will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
    The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
    The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND BUCKWORM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Buckworm agree otherwise in writing, 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. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
    Notwithstanding any provision in these Terms of Service to the contrary, we agree that if Buckworm makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. The provisions of this arbitration agreement shall only be in effect to the extent they are permitted under applicable laws. If the AAA Rules cannot be applied to an arbitration under applicable law, then the rules of the local governing arbitration body shall apply instead.

    23.Termination

    You agree that Buckworm, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services under reasonable circumstances, including, without limitation, for lack of use or if Buckworm believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. 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 Buckworm 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 Buckworm will not be liable to you or any third party for any termination of your access to the Services.

    24. User Disputes

    You agree that you are solely responsible for your interactions with any other user in connection with the Services and Buckworm will have no liability or responsibility with respect thereto. Buckworm reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.

    25. General

    These Terms of Service constitute the entire agreement between you and Buckworm and govern your use of the Services, superseding any prior agreements between you and Buckworm with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of Florida without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Buckworm agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Mateo County, Florida. The failure of Buckworm to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or Cause/Campaign of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or Cause/Campaign of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will 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. You may not assign these Terms of Service without the prior written consent of Buckworm, but Buckworm may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platform.

    26. Privacy Policy

    At Buckworm, we respect the privacy of our users. For details please see our Privacy Policy. By using the Services, you consent to our collection and use of personal data as outlined therein.

    27. Contact Us

    If you have any questions about these Terms, please contact us.

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