CivChoice

Terms of Service

CirrusMio Platform Usage Agreement

This document outlines the privileges you have as a user of CirrusMio products, and the responsibilities we mutually uphold in providing you with access to the CirrusMio Platform. This agreement is between you, the user, and us, CirrusMio, a Wyoming corporation.

If you have any questions, please contact info@cirrusmio.com for clarification. We welcome honest, well-intentioned dialog with our users.

Purpose of Services

CirrusMio strives to build stronger communities by leveraging the vision and resources of local nonprofits and their supporters. CirrusMio products and services are designed to create efficiency and transparency for the donors, volunteers, and nonprofits that are solving problems in their communities.

Scope of the Agreement

The CirrusMio Platform consists of products using the CirrusMio.com internet domain (such as http://checkin.cirrusmio.com) and other products developed by CirrusMio and linked from the CirrusMio.com website. This agreement governs the usage of the CirrusMio Platform. CirrusMio products may have additional usage agreements that are amendments to this agreement.

Provisions

Security and Access

You are welcome to create an account on the platform if you meet the legal requirements for account ownership in your jurisdiction. As CirrusMio is registered in the United States of America, you must be at least 13 years of age. If you are accessing the CirrusMio Platform on behalf of a company or other organization you must have authority to represent that organization.

CirrusMio will guard your private credentials, such as password, using industry best practices. In the case of a data breach we will move as quickly and transparently as possible to restore access and ensure service continuity and the privacy of our users. You must also protect your account credentials and maintain access to any external accounts used to authenticate to the platform.

Usability

CirrusMio products are built on web technologies. Modern web browsers with all updates applied may be required for the site to function as intended. Cookies, images, and JavaScript should be turned on. We respect the use of privacy protection tools in your browser. We avoid using plugins, extensions, and other installable software when possible.

To improve the reliability of the platform, CirrusMio may use aggregated site usage data. Data that uniquely identifies users is not used in performance monitoring.

Honesty

CirrusMio will be direct and honest when communicating publicly. This does not mean that opinions, best practices, and technologies do not change. As CirrusMio grows and changes as a business we will update this agreement with clarifications when appropriate. We may use other communication platforms such as email and blogs to discuss changes to our business and the CirrusMio Platform.

You must also be honest. When working with nonprofits and community organizations there are documents that require accurate information. We may provide a way to use nicknames or to remain anonymous when allowed, but such means are not always practical and their implementation is not guaranteed.

Freedom From Harassment

If you are made to feel uncomfortable by the activities of users, speak up (email info@cirrusmio.com). CirrusMio may chose to take actions to delete, modify, or hide content we deem to be offensive.

Privacy

We do not disclose your data outside of the normal business purposes of CirrusMio and as required by law. CirrusMio does not participate in marketing programs or otherwise benefit from access to your personal information. When our software requests access to personal information we will clearly state the reason for the data collection. If you are unsure, please contact us for clarification.

Content Ownership

CirrusMio does not claim intellectual property rights over content you create on the platform. Your use of the platform does not grant CirrusMio any privilege other than its use on CirrusMio properties.

Do not post content you do not own, that reveals secrets you are not authorized to share, is malicious in intent, or otherwise causes harm. Posting content to the CirrusMio platform does not indicate that the content will survive forever on our platform, or that we are obligated to display it.

Subscriptions

Some features of the CirrusMio platform may require a subscription to access. Fees and terms will be agreed upon at the time of your enrollment in the service and those terms will be an amendment to this agreement.

If CirrusMio is unable to collect subscription fees, your access to premium features may be revoked. Your cancellation of a subscription will be effective on the first day of the following month. Refunds and credits may be given at the discretion of CirrusMio.

No Warranty

CirrusMio provides the platform with the hope it can make our communities better. We provide no warranty or guarantee that we can achieve that goal. In fact, CirrusMio offers no warranty or guarantee of any kind.

CirrusMio provides its products as is. Your choice to use them, and your interpretation of data and the results of its use are completely your responsibility. CirrusMio is not responsible for any damages or losses resulting from the use of the CirrusMio Platform or content derived from the platform.

TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW, WE EXCLUDE ALL WARRANTIES AND DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR DAMAGES OR LOSS YOU MAY INCUR, DIRECTLY OR INDIRECTLY, AS A RESULT OF YOUR USE OF THE SERVICE. WHERE SUCH WARRANTY EXCLUSIONS AND/OR LIMITATIONS OF LIABILITY ARE PROHIBITED BY LAW, WE WILL NOT BE RESPONSIBLE FOR LOST PROFITS, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY TO YOU, IF ANY, IS LIMITED TO THE AMOUNT OF MONEY YOU PAID, IF ANY, TO USE THE SERVICE.

(Aside: We try really hard to do the right things, but mistakes happen. We want to focus on innovation and driving down costs for nonprofits and finding ways to strengthen communities. By waiving any warranty claims you help us to keep getting better and moving forward.)

Legal Settlements

You agree to indemnify CirrusMio from claims related to your use of the platform. You will defend any claim, suit, demand, or proceeding against CirrusMio by a third party that results from your content posted to the platform or use of the platform in violation of this agreement or the law. We will provide reasonable support to you at your expense.

The maximum liability of CirrusMio to any user is the total amount of revenue collected from the user’s subscriptions. CirrusMio has no liability for direct, indirect, incidental, special, consequential or exemplary damages related to the use, misuse, or unavailability of the platform or related services.

Changes to the CirrusMio Platform

The CirrusMio Platform is constantly undergoing change in an effort to improve the service and add new features to better fulfill our purpose. Your use remains governed by the most recent version of this agreement, which also applies to new products and services that are part of the CirrusMio Platform.

This agreement may also change from time to time, and you agree to accept the most recent version. The latest agreement will always be published at the same location as the version you are reading now (https://accounts.cirrusmio.com/user_agreement). Substantial or fundamental changes will be communicated through other sources as well.

Duration of this Agreement

This agreement remains in effect as long as you maintain an account or have data stored in the CirrusMio Platform. If any of the terms set forth in this agreement are found to be invalid, the other parts of the agreement remain in effect.

Use of CirrusMio Property

You may freely use our name, logo, screenshots, and other materials for promoting the platform and driving visitors to the CirrusMio Platform. You may not use our name or properties to imply that we have a relationship or endorse your products and services without our consent. The look and feel of all parts of the CirrusMio Platform are copyright 2013 CirrusMio, Inc.

Civillos Terms of Service

You understand and acknowledge that in return for the right to use the CivChoice and CivChoice websites, Civillos' contribution services, and CirrusMio corporate giving services, you agree to abide by the following terms and conditions. You understand and acknowledge that if you do not agree to abide by the following terms and conditions or if you violate the terms and conditions at any time, you will not be able to use Civillos' contribution services and CirrusMio corporate giving services through the CivChoice and CivChoice websites (hereinafter collectively referred to as CivChoice), and may be liable to Civillos for your actions. Civillos and CirrusMio reserve the rights to amend these terms and conditions at any time. If you do not agree to the revised terms and conditions, you agree that your only recourse is to cease using Civillos's and CirrusMio's services.

Your use of CivChoice is subject to your continued compliance with the terms of this Agreement. Civillos reserves the right to refuse to permit you to use Civillos contribution services through CivChoice at any time in Civillos' sole and absolute discretion. Civillos and CirrusMio may restrict or terminate your use of Civillos or CirrusMio services through CivChoice at any time, immediately without notice and without liability to Civillos or CirrusMio, as determined in Civillos's or CirrusMio's sole discretion.

To use Civillos' and CirrusMio's services, you agree to register and create an account on the Website. You agree that you will keep your email address and other contact information up to date. You agree that when you provide content to Civillos or CirrusMio, you will provide your contact information with the content. You understand that Civillos or CirrusMio may contact you through your email address, and that you take sole responsibility for actions resulting from incorrect contact information that you may provide. Accordingly, by using Civillos and CirrusMio's services provided through CivChoice, you accept this agreement on behalf of you and/or your organization and agree that there is a binding agreement and that you have carefully read the following:

  1. Charitable Status. Civillos is a charitable organization dedicated to facilitating and increasing charitable giving of funds, time, and body for the benefit of IRC Section 501(c)(3) organizations by providing payment processing services in conjunction with CivChoice. Civillos is recognized as a public charity exempt under §501(c)(3) and as described in §170(c)(2) of the Internal Revenue Code and contributions made to Civillos are tax-deductible charitable contributions.

  2. Account.

    1. Your use of Civillos services will be through your CivChoice Account. CivChoice has been created for your use by CirrusMio, a Wyoming corporation. Accordingly, you acknowledge that you have read and agreed to the CivChoice Terms of Service.

    2. You agree that to make contributions to Civillos or redeem donations from Civillos you must be 18 years of age or older. You must be 13 years of age or older to have funds in your account, to donate to good causes, or to use any other Civillos services offered through CivChoice.

    3. You authorize Civillos, directly or through third parties, to make any and all inquiries we consider necessary to validate your identity and the financial information you may have provided to us. This may include asking you for personal information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial accounts, or verifying your information against third party databases or through other sources.

    4. Civillos and CirrusMio reserve the right to close, suspend, or limit access to your Account and/or the Civillos services through CivChoice in the event we are unable to obtain or verify your identity or financial information.

  3. The Service.

    1. Civillos service through CivChoice is a charitable donation processing service (the "Civillos Service"). Civillos accepts payments from users as charitable donations ("Donations"), and makes payments to eligible users who are registered charitable organizations ("Redemptions"), as described below. Through CivChoice, CirrusMio provides a workplace giving, e-commerce giving and other services to businesses intended to increase corporate giving in the workplace and increase corporate giving in general. Civillos and CirrusMio integrate these services within the CivChoice platform.

    2. All Donations and Redemptions shall be made in US Dollars.

    3. Donating to Civillos.

      1. For all Donations to Civillos, you agree that:

        1. you will not use an invalid or unauthorized credit or debit card or other payment method;

        2. all Donations are made as unrestricted gifts and may not be specified for any particular purpose;

        3. Donations will be charged through your payroll provider, from the bank account you specify, or to the credit or debit card or other payment method you use; and

        4. Donations are final and non-refundable.

    4. Distributing your funds.

      1. Through CivChoice you may distribute your account funds to other CivChoice profiles ("Distributions").

      2. You may distribute your funds at your discretion. We will from time to time check account activity to see if there are funds that are idle for a period of one year or more.

      3. Funds should not remain idle for too long in your Account. For users that are not a Charitable User as defined in 3(e) below, if your Account has no Donations or Distributions for more than one year, then Civillos may distribute those funds as may be determined by Civillos in its sole discretion. This is a necessary maintenance activity and Civillos would prefer to avoid this and may attempt to notify you prior to any such action, but is not required to do so.

    5. Withdrawing donations.

      1. If you are an eligible user who is a verified charitable organization ("Charitable Users"), you may redeem your funds for use in your charitable mission. No other users may redeem funds for any purpose.

      2. In order to qualify as a Charitable User, you, as an organization, must be a valid charitable organization in good corporate standing that has not had its exempt status revoked by the IRS and that otherwise meets all the requirements of §501(c)(3) of the Internal Revenue Code. When requested by Civillos, you agree to provide such information to Civillos to establish your status as a corporation exempt under §501(c)(3) of the Internal Revenue Code. Civillos may withhold funds until it receives such proof of an organization's exempt status.

      3. By redeeming your funds, you certify that all funds received from Civillos will be used in a manner that is be consistent with your charitable mission and will not otherwise violate any federal, state, or local laws.

      4. All Redemptions are subject to a withholding from the total amount of the Redemption ("Processing Fee"). The withholding that applies to each Charitable User is two point nine percent (2.9%). This is considered the preferred redemption rate. The preferred redemption rate is applied to a Charitable User upon sign-up through one year from that sign-up. This one year period may be extended by Civillos or the preferred redemption rate may be maintained through achievements within the site to be later established by Civillos. Should a Charitable User redeem funds where the preferred redemption rate is not applicable, then the withholding that applies is seven point nine percent (7.9%), the default redemption rate.

      5. CivChoice may provide services to users outside of the normal flow of business and may charge a service fee for performance to satisfy such an out of band request. CivChoice standard means of payment to Charitable Users is through electronic funds transfer. Should a Charitable User request fund redemption be made by check, then this is considered out of band and a $5 service fee would be charged.

      6. If funds have been given to a §501(c)(3) charity that has not become a Charitable User on CivChoice, then CivChoice may opt to send them a paper check based on the contact information maintained by the IRS or other verifiable source. Such redemptions are subject to the default redemption rate and paper check service fee.

      7. Funds should not remain idle within a Charitable User's account for more than six months. In such cases, CivChoice may opt to redeem funds of a Charitable User and transmit funds to them for the redemption.

      8. Civillos is not responsible for determining whether taxes apply to your Redemption. It is solely your responsibility to determine what, if any, taxes apply to the Redemption of your funds, and it is your responsibility to collect, report and remit the correct tax, if any, to the appropriate tax authority.

  4. Transferring Funds. Donations and Redemptions are "Transactions" that require the transfer of funds between a User's Account and a bank or other financial institution. There are different ways that funds may be transferred based on the following methods of payment:

    1. Bank Account. For any Transaction that uses a bank account as the source or recipient of funds, you are requesting an electronic transfer to or from the account. For these Transactions, Civillos will make electronic transfers via ACH (automated clearing house) to or from your account in the amount you specify. You agree that such requests constitute your authorization to Civillos to make the transfers. Once you have provided your authorization for the transfer, you will not be able to cancel the electronic transfer.

    2. Credit/Debit Card. For any Transaction that you use your credit or debit card as your method of payment, you are authorizing Civillos to charge or credit your credit or debit card account. Civillos will process your debit card funded Transactions through the Visa/MasterCard network.

    3. Check. You may make a donation by check. Checks should be made payable to "Civillos" and mailed to the following address: Civillos PO Box 164 Merrifield, VA 22116-0164] For Redemptions, Civillos standard means of payment to a Charitable User is through electronic transmission of funds and you must provide Civillos with your banking information sufficient to support electronic funds transfer to send you a Redemption payment.

    4. Direct Deposit. If your employer has enabled you to elect to have a percentage or fixed amount withheld from your paycheck and donated directly to Civillos, to add funds into your CivChoice Account, you must activate this election by completing the Civillos' Employer Direct Deposit Form which is provided to you through your employer.

  5. Account Statement. You are entitled to view an Account statement that reflects all transactions with respect to your Account. You may view your Account statement online.

  6. Privacy. All information used or required by Civillos is subject to the CivChoice Privacy Policy.

  7. Limitation of Liability. Civillos and CirrusMio directly, or indirectly through third parties, takes all reasonable steps to verify the identity and validity of its Charitable Users with the United States Department of Treasury. However, Civillos and CirrusMio make no warranties or promises of any kind whatsoever with respect to the Donations, or the purposes or activities of any Charitable User. Civillos and CirrusMio do not have control of, or liability for, what the Charitable Users do with your funds. You agree to hold Civillos and CirrusMio harmless with respect to any claim arising on account of any purposes, activities, or failure to act of or by a Charitable User. TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW, CIVILLOS AND CIRRUSMIO EXCLUDE ALL WARRANTIES AND DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR DAMAGES OR LOSS YOU MAY INCUR, DIRECTLY OR INDIRECTLY, AS A RESULT OF YOUR USE OF CIVILLOS SERVICES THROUGH CIVCHOICE. WHERE SUCH WARRANTY EXCLUSIONS AND/OR LIMITATIONS OF LIABILITY ARE PROHIBITED BY LAW, CIVILLOS AND CIRRUSMIO WILL NOT BE RESPONSIBLE FOR LOST PROFITS, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. CIVILLOS' AND CIRRUSMIO'S TOTAL LIABILITY TO YOU, IF ANY, IS LIMITED TO THE AMOUNT OF YOUR DONATION AND PROCESSING FEES.

  8. Notices. You agree that Civillos or CirrusMio may provide you information about the Civillos Service electronically to the email address associated with your Account. Civillos and CirrusMio reserves the right to close, suspend, or limit access to your Account and/or the Civillos and CivChoice Services if you withdraw your consent to receive electronic communications. Any electronic communications will be considered to be received by you within 24 hours of the time we email it to you.

  9. Arbitration. You agree that any claim or dispute against any us, our members, agents, and employees, whether related to this agreement or otherwise, and any claim or dispute related to this agreement or the relationship or duties contemplated under this Agreement, including the validity of this arbitration clause, shall be resolved by binding arbitration by the American Arbitration Association, under the Commercial Arbitration Rules then in effect. Fairfax County, Virginia shall be the exclusive venue for any arbitration hearing. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. This agreement shall be interpreted under the Federal Arbitration Act.

  10. General.

    1. The terms "you" or "your" as used in this Agreement mean the user of the Service. The words "you" shall also mean your heirs, executors, administrators, successors, legal representatives and permitted assigns.

    2. These terms define and control Civillos' and CirrusMio's relationship with you, and do not give rights to any third parties.

    3. If you break any of these terms, Civillos or CirrusMio may not take any action against you; however, that does not mean we gave up our right to do so.

    4. You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Civillos that is caused by or arising out of this Agreement or your breach of this Agreement, and/or your use of the Civillos Service. You agree to reimburse Civillos for any and all such liability.

    5. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and remain enforceable between the parties.

    6. This is the complete agreement between you and Civillos, and replaces any and all prior agreements.

    7. The laws of Virginia, excluding Virginia's conflict of laws rules, will apply to any disputes arising out of or relating to these Rules.

    8. You understand that you have no right to assign or transfer any of your rights hereunder.

    9. This Agreement shall be construed as if jointly drafted by the parties.