Terms of Use
Welcome to the Swell Fundraising, LLC platform (the "Platform"), operated by Swell Fundraising, LLC, a Delaware limited liability company ("Swell Fundraising," "Swell," "we," or "us"). The Platform includes our event and campaign fundraising tools and Swell Circles, our giving-circle management product, together with the websites through which they're offered, including swellfundraising.com and swellcircles.com (collectively, the "Website"). By using the Platform, you acknowledge that you have read and agree to be bound by the following Terms of Use (the "Terms") and by our Privacy Policy, available at swellfundraising.com/policy and at swellcircles.com/privacy.html, each of which is incorporated herein by reference, and by all technical specifications, rules of operation, and security procedures, and any other terms and conditions set forth by Swell Fundraising from time to time by posting a link on the Swell Fundraising or Swell Circles site.
These Terms apply to you if you are a fundraiser, charity, donor, event organizer, event registrant, Circle Organizer, Circle Member, or any other user of the site and/or services (collectively, "users" or "you"). You agree to be bound by such revised Terms as they may be posted from time to time. To be eligible to use the services and access the site, you must: (1) be at least 18 (or between the ages of 13 and 17 and using the site and services with parental or legal guardian consent and supervision); (2) be registered with us (to the extent required) and not have been previously restricted, suspended, or terminated by us; and (3) not be using another member's account without her/his permission. Nothing in these Terms may be construed to create or confer any rights on third-party beneficiaries. If you do not agree to any of the terms and conditions set forth herein, you may not use the Website.
Access to the site and services from territories where the site and/or services are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations regarding their use of the site and services.
About Swell
Swell Fundraising is a company that assists nonprofit organizations with creating dynamic fundraising events and campaigns utilizing social media, event management tools, and on-site donation capabilities. We are committed to helping causes raise more money from their events, online campaigns, and donation forms, and to helping guests and donors engage with causes at a deeper level. We provide an event-driven fundraising software platform that gives fundraisers access to a cloud-based event management tool, on-site event management application, slide/presentation apps, and, through Swell Circles, tools for organizing and managing giving circles.
The purpose of our site and services is to help individuals, entities, or organizations raise money, but we do not pick or endorse any such individuals, entities, or organizations, or any of their campaigns or causes. We merely provide a technology platform to allow fundraisers, Circle Organizers, and Circle Members to manage, communicate, and connect with donors and each other. The existence of the site or services is not a solicitation of donations, and Swell Fundraising does not engage in any solicitation activities on behalf of any fundraisers or Circles.
Swell Circles
Swell Circles is a fundraising feature, powered by Swell Fundraising, that provides nonprofit organizations with a tool to organize and manage donors through a giving circle. The giving circle is created and administered by the nonprofit administrator ("Circle Organizers"), who set up the Circle and invite members ("Circle Members"). The purpose of the Circle is typically established from the launch of the Circle. Unless the context requires otherwise, everywhere these Terms refer to an "Event," a "Client," or a "Customer," that reference also covers a Circle and its Circle Organizer(s), and everywhere these Terms refer to a "donor," that reference also covers a Circle Member, in each case to the extent the relevant provision reasonably applies to how Circles work.
A Circle differs from an Event mainly in duration and structure: where an Event is tied to a single fundraising push over a defined period, a Circle is typically an ongoing or recurring group giving arrangement that a Circle Organizer may keep open indefinitely, pause, or close. Circle Organizers are responsible for their Circle in the same way a Client is responsible for an Event under these Terms — including making sure funds raised through the Circle are directed to, and used by, the Beneficiary or Beneficiaries the Circle Organizer designates, and making sure the Circle complies with applicable law.
Donor, Circle Member, and User Rights
Your rights matter. Any individual, entity, or organization that registers (purchases a ticket or table, becomes a fundraiser, or joins a Circle) with a Swell event or Circle and donates funds through the Platform or the services ("donor") is subject to the following terms that apply specifically to donors and Circle Members. At any time, donors, Circle Members, and users may inquire about their privacy, settings, and use at support@swellfundraising.com or info@swellfundraising.com.
Donor Data and Visibility. The Swell platform and fundraising experience relies on transparency. Individual participants and donors, unless they elect otherwise, may be visible on the event or Circle website as a "Fundraiser," "Active Participant," "Donor," or "Circle Member." At any time, a Nonprofit Client, Circle Organizer, or Swell Support can hide the visibility of a participant. Individuals may email the Client, the Circle Organizer, or support@swellfundraising.com directly to request that their personal fundraising activity be marked as hidden in the Swell system. Individual donors can elect to be anonymous at the time of the transaction.
Donor data is jointly owned by Swell Fundraising and the Client or Circle Organizer, as applicable. Specific donor information is only used by Swell and subsequent parties to this contract for purposes of operating the system. From time to time, Swell may utilize broad information about donor behavior or trends but without any specific reference to a donor individually. Information utilized by Swell will be aggregated and not specific to any single donor file. Swell will never engage in the sale of individual donor data to third parties, nor will individual donor information be utilized by any future holder of this contract.
Integrations and Donor Data. As determined by the Client or Circle Organizer, Swell data may be integrated with additional third-party software applications utilized by the Client or Circle Organizer. The terms and conditions of those third-party software providers will apply to the privacy and ownership of donor data handled by those integrations.
Donor's Risk. All donations are at your own risk. Please make sure that when you donate to a given Event, Circle, Beneficiary, or Charity, you understand how your money will be used. When donating, only donate to those entities that you feel comfortable donating to or otherwise know and trust. Swell Fundraising does not warrant that funds will be used for any particular purpose and is not responsible for any misuse of the funds by the Beneficiary.
Donor Commitments. By donating money through the Website, you represent and warrant that any donation you make is legal in your jurisdiction and that you are authorized to use the payment method you have selected. Each donor agrees and acknowledges that: (i) all donations to Charities are made as unrestricted gifts and may not be specified for any particular purpose; (ii) designated donation and registration amounts and processing fees will be charged to the credit or debit card or other payment method selected; and (iii) all donations are final and non-refundable.
Tax Deductions. Swell Fundraising makes no representation as to whether all or any portion of your donations, including, if any, processing fees, are tax deductible. Swell Fundraising will have no liability for any claim by any federal, state, local, or other tax authority with respect to the characterization on any applicable tax return of any donation by you, any Swell Fundraising user, or any Charity. You should consult your tax advisor as to the amount of your donation that is tax deductible, particularly if you are awarded a gift or prize in connection with your donation.
Becoming a Client
It is easy to become a client by following the steps on the site. You may only sign up for an account on behalf of an entity or organization if you have the legal authority to bind that entity or organization. You will be required to provide some information when you sign up, including an email address to receive any notices required by law, in lieu of communication by postal mail, along with other messages, including changes to features of the service. By becoming a client of Swell Fundraising — including by creating a Circle as a Circle Organizer — you confirm that the Beneficiary entity or organization is a 501(c)(3) organization and that you comply with all applicable registrations and laws.
User Names. You may need a username and password to use certain features of the Website and services, and you may create certain URLs when you establish a profile, fundraiser, event, Circle, or charity page. By selecting a user name and any particular URL, you agree that you will not select or use a name or URL: (a) of another person with the intent to impersonate that person; (b) subject to the rights of any person without authorization; or (c) in violation of the intellectual property rights of any person.
All Swell clients subscribe to the platform on an annual basis by paying either one sum at the start of each annual renewal or a monthly fee, except as otherwise described for a specific product (for example, the Swell Circles pricing described above). The account will renew automatically at the one-year anniversary date. Beyond the one-year anniversary, Clients may cancel their account with 30 days' notice. By signing up for any such plan, the Charity agrees that the account will be subject to this automatic renewal feature and all applicable fees unless and until a permitted cancellation.
Client hereby authorizes Swell to charge the account and billing method on file for all applicable fees under the subscription account.
Subscription Levels
Swell provides several subscription options, including: (1) no subscription, with a 4.0% platform fee; (2) a Base License; (3) Swell Next; and (4) custom proposals. Clients may "build their own" package by licensing the Base Online License and adding features such as: (a) the Virtual Event Module; (b) email DNS customization; or (c) on-site/consulting support. These add-ons are stipulated in the pricing grid provided to clients during the sales and onboarding process. Additional software customizations and integrations may be considered and pricing offered to a Client on a select basis. Swell Circles is offered under its own pricing structure, described above and at signup, rather than under these event-subscription tiers.
Any additional fees or add-ons requested by a Client will be authorized and approved in advance by the Client before an additional fee is charged to the account.
Subscription Term. Each subscription is valid for 12 months from the date of signup. Renewal notices will be sent to the designated point of contact 30 days prior to the renewal date. To cancel a subscription, clients must email support@swellfundraising.com. After cancellation, the account and all associated sites will remain accessible for 30 days, after which access will be discontinued.
Guaranty Provision. Swell is committed to Client satisfaction and success. Therefore, Swell provides a satisfaction guarantee to all Clients. At any point during the first-year agreement a Client wishes to cancel the account, they may submit an email to info@swellfundraising.com or brooke@swellfundraising.com stipulating points of dissatisfaction. Swell will cancel the account and refund the remaining fee (if paid in advance) on a pro-rated basis. Clients that exercise this guarantee provision are, however, restricted from returning to the platform at a future date.
Creating an Event or a Circle
Any current client of the Swell platform may create and post an event to sell tickets, run an online fundraising campaign, or run donation pages to share information and request financial contributions ("Donations") from prospective event guests and/or donors.
What is an Event. An Event is defined by the creation and use of a distinct Swell site for purposes of raising funds within a defined period of time. Swell sites are created using different subdomains that define the location of the event website. Each time a client creates an event site on a new subdomain, it constitutes an Event. Events may or may not require ticket sales and/or donations, use of apps, etc., but are attached to use of the Swell platform for distinct fundraising efforts.
What is a Circle. A Circle is defined by the creation and use of a distinct giving circle within Swell Circles, through which a Circle Organizer and Circle Members raise, pool, or coordinate funds for one or more Beneficiaries, typically on an ongoing or recurring basis rather than for a single dated event. Each Circle created on the platform constitutes a Circle for purposes of these Terms, and use of Swell Circles for a Circle is subject to these Terms in the same way use of the Platform for an Event is, except as this section on Swell Circles otherwise provides.
If you create an Event or a Circle, you represent and warrant that you: (a) are the authorized representative of the Beneficiary with the authority (i) to solicit donations for the Beneficiary and (ii) to bind the Beneficiary to the terms of this Agreement; and (b) will ensure all donations are disbursed properly and legally to the Beneficiary and are used as described by the Event or Circle.
Scope of Services. On the terms and subject to the conditions set forth herein, Customer hereby engages and retains Company to perform the following services for the benefit of the Customer: (i) use of the Swell software platform and related apps for event, campaign, or Circle management and fundraising services; (ii) customer support and training regarding the use of the software platform; (iii) providing standard documentation related to implementation of the concept stipulated in the scope; and (iv) software training/support as determined by the license level.
Designee/Legal Entity. Customer will designate the legal entity receiving the donations (the "Beneficiary") and ensure the Beneficiary sets up an account with the designated independent payment processor (the "Processor") to receive donations. For a Circle, the Circle Organizer designates the Beneficiary or Beneficiaries on behalf of the Circle.
Limitation of Scope. While it may be offered, the Customer will not be entitled to future add-ons or expansions, including, but not limited to, mobile technology, notepad optimization, or other communication forms and devices that may be developed to support the concept.
AV Services. The Event may require significant audiovisual and internet support ("AV Services"). The Company can assist with the selection of service providers for the AV services ("AV Company"). The Company will not provide the AV Services, nor will it have any liability for the AV Services. The Customer hereby agrees and acknowledges that the AV Services will be obtained through contract with the AV Company directly and that any issues regarding AV Services will be addressed directly with the AV Company.
License of Intellectual Property. Company hereby grants to Customer a limited, non-exclusive, non-assignable, and revocable license and right to use certain intellectual property of the Company.
Receiving Funds
As a Charity, receipt of funds is based on the payment processor, as described below. In addition, all Charities will be responsible for taxes based on their net income or gross receipts (if any).
Use of On-Site Applications. The use of on-site applications may depend on the services of third-party providers not controlled by Swell Fundraising. Applications may rely on internet service providers, equipment supplied by a venue or third party, devices, and other tools that are not managed by Swell. Client acknowledges that the delivery of Swell applications and services relies on these instruments and that Swell is not responsible for the performance of third-party services or devices in the delivery of the Swell software.
Customer will select its preferred method of payment processing from one of the following. The fees and fund availability vary by method and are clarified below and further in documentation provided by the processor. As part of the Event(s) or Circle, Company will provide access to a payment mechanism selected by Company to permit the collection of donations to Customer made through the Event Fundraising platform or Swell Circles. Customer hereby appoints Company as Customer's agent for purposes of the collection of such donations to Customer. Company shall exercise commercially reasonable efforts to collect all funds donated through the website during the Event or through a Circle; however, Company makes no guarantees that all credit cards will be accepted or withdrawals will be allowed. In such case that a payment cannot be made, Company shall not be liable to the Customer or to any person attempting to make such payment. As such, Company cannot guarantee full receipt of the targeted amount. Company makes no representations regarding the deductibility of any donation for tax purposes. It is the Customer's sole responsibility to comply with all federal and state charitable regulations and tax laws. Additionally, it is the Customer's sole responsibility to comply with any privacy laws or applicable privacy policy with respect to the use and distribution of a donor's name and contact information. The Swell platform is a fundraising tool utilized for the singular benefit of the Customer.
Fund Collection via Nonprofit Stripe Account. Nonprofits that create a Stripe account and link that account with ours (a "Connected Account") receive donations directly. When a donation is made through the Platform — including through a Circle — it is directed immediately to the Nonprofit's Stripe account. Therefore, the donation tax receipt sent to a donor will represent a direct tax-deductible donation to the selected nonprofit. Swell Circles is designed to use this method as its primary payment processing option. Stripe's terms can be found at stripe.com/legal/ssa.
Fund Collection via CardConnect/Bluepay. As of January 1, 2024, Swell Fundraising no longer offers new clients the option to connect a CardConnect/Bluepay account with the Swell platform. However, the Company continues to support legacy organizations that continue to utilize this payment mechanism. CardConnect/Bluepay will batch deposit your transactions (minus its fees and the additional fee paid to Swell) at a schedule communicated to clients during the application process. A certain amount of your funds may be subject to an additional hold period (e.g., a reserve account) with terms determined by your perceived risk and transaction history. You are responsible for refunds, returns, and liable for customer disputes (chargebacks). Donations processed via BluePay comply with BluePay's terms and conditions and will be handled directly by the client. From time to time, clients may engage with BluePay directly to negotiate more competitive rate structures.
Fund Collection via Client's Authorize.net Account. Client may elect to utilize client's merchant account with authorize.net. Funds processed via the client Authorize.net account will be subject to the fees and expenses per the terms, conditions, and agreement between Client and Authorize.net. Swell software provides online and on-site merchant processing, and use of a client Authorize.net account may require testing, adjustments of required information, or changes to the client Authorize.net account in order to allow for online and on-site processing. Swell will collect 1% of funds processed online as compensation and support for the software, license, intellectual property, and setup of the Swell platform for client events. Collection of such funds will be billed to client monthly post-processing.
Fees
Transaction Fees on Donations. When a donation is made through Swell Fundraising, a transaction fee may be applied depending on the processor and fee arrangement with the client. In some cases, donors may elect to cover the processing fees, thereby reducing the Charities' cost. Processing fees charged through Stripe, CardConnect/Bluepay, and other payment processors used by Clients are tax deductible to the extent permitted by law and will show on your credit card under the name of the Client.
Website Content
The intellectual property rights, including, but not limited to, copyright, trademark, patent, trade dress, derivative works, moral rights, trade secrets, and proprietary information in all content that appears on the Website and all Tools, and that is used by Swell Fundraising in conjunction with the services it provides — including but not limited to information, text, data, photographs, audio, video, images, graphics, documents, logos, and other content, associated technology and software, and the look and feel of the Swell Fundraising and Swell Circles Website (collectively, "Website Content") — are owned by Swell Fundraising or its licensors. Except as expressly permitted in these Terms, you agree not to copy, alter, frame, distribute, publish, sell, prepare derivative works based on, or commercially exploit the Tools and/or any Website Content, without express written permission from Swell Fundraising or its licensors.
Swell Fundraising's Trademarks
Swell Fundraising grants Clients a limited, non-exclusive, royalty-free license to display the trademarks Swell Fundraising and Swell Circles (the "Swell Fundraising Trademarks") solely on your Event or Circle Website for purposes of raising funds through the Platform. You acknowledge Swell Fundraising's ownership of the Swell Fundraising Trademarks, and all use of a Swell Fundraising Trademark by you inures to the benefit of Swell Fundraising. You may not incorporate any Swell Fundraising Trademark within any trademark, trade name, or domain name created by you.
Appropriate User Content
Swell Fundraising may allow you and other users to upload, post, and/or share information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents, and other content (collectively, "User Content"). Swell Fundraising permits you to use the Swell Website, the Tools, and the services provided by Swell Fundraising subject to your acknowledging and agreeing to the following conditions.
In creating and maintaining an Event or Circle Website on the Swell Fundraising system, you grant a limited, non-exclusive, royalty-free license to Swell Fundraising to display the Registered Charity Content that you upload on the Event or Circle Website for the exclusive purpose of promoting you and soliciting donor contributions. You represent and warrant that you have the necessary rights to grant the foregoing permissions to Swell Fundraising. The foregoing license does not provide Swell Fundraising any rights to sell or license any Registered Charity Content to any other third parties, use the Registered Charity Content for any other media, and/or use the Registered Charity Content for advertising and promotion of Swell Fundraising.
User Content posted by yourself and other users of the Swell Fundraising Website does not necessarily reflect our views.
We will seek to remove or edit, with or without notice to you, any User Content that we deem to be unlawful, obscene, or in violation of these Terms. We may, but are not obligated to, remove any other User Content that we determine in our sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights.
Our failure to block or remove any User Content, however, is not a warranty, endorsement, representation, or guarantee regarding such User Content.
The posting of User Content on the Event or Circle Website is solely the responsibility of each Customer or User. Swell Fundraising does not assume responsibility for the accuracy of any information, ideas, or opinions posted by users and is not liable for any claims, damages, or losses resulting from such information, ideas, or opinions.
You agree that your Content will accurately describe the collection and intended use of contributions made via Swell Event or Circle Websites. You represent and warrant that your Content does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any third party, including, but not limited to, that of Registered Charities on the Website.
Disclaimer of warranties
You acknowledge that you are using the Website and the services at your own risk. The Website is provided to you "as is" without warranty of any kind. To the fullest extent permitted by applicable law, Swell Fundraising disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of any Website Content, or other information or materials displayed on the Website. Swell Fundraising, its affiliates and subsidiaries, if any, and its third-party service providers, suppliers, and vendors do not represent or warrant that access to the site, the site information, or the services will be uninterrupted or that there will be no failures, errors, or omissions, or loss or security breach of transmitted information, or that no viruses will be transmitted through access to or use of the site, services, or site information. Swell Fundraising assumes no responsibility for the timeliness, deletion, or failure to store any content (including, but not limited to, any user generated content) or user communications. Swell Fundraising also expressly disclaims to the fullest extent permitted by law any and all responsibility and liability for the conduct of any charity, Circle Organizer, and any donor or Circle Member. Swell Fundraising hereby disclaims any and all warranties, express and implied, including, without limitation, any warranties of accuracy, completeness or reliability, title, non-infringement, merchantability, fitness for a particular purpose, or other warranty, condition, guarantee, or representation, whether oral, in writing, or in electronic form.
Liability limitation
YOU AGREE THAT NEITHER SWELL FUNDRAISING NOR ANY OF ITS AFFILIATES WILL BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE WEBSITE OR THE SERVICES PROVIDED BY SWELL FUNDRAISING (AND YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES), REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL SWELL FUNDRAISING BE LIABLE TO YOU FOR MORE THAN THE AMOUNT ACTUALLY PAID BY YOU TO SWELL FUNDRAISING DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. YOU AND SWELL FUNDRAISING AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE SITE, OR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Release
YOU HEREBY AGREE TO RELEASE SWELL FUNDRAISING, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, "CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES OR THE SITE INFORMATION.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "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."
Hold harmless and indemnity
Your use of the services provided by Swell Fundraising is entirely at your own risk. You will hold harmless and indemnify us from and against any third-party claim arising from or in any way related to your use of the services provided by Swell Fundraising or the Website, including without limitation any liability or expense arising from any claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys' fees, of every kind and nature.
Links to other websites and content
We may include links to third-party websites or services, and may link you automatically to sponsor or third-party websites or services. These links do not mean that we review or endorse these third-party sites or services. We provide such links when we believe such links may be helpful, but we do not monitor or accept any responsibility for such sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate, so you proceed to these links at your risk and responsibility. You acknowledge that we are not responsible or liable for any content, advertising, products, services, or other materials on these third-party sites. Any dealings that you have with advertisers or other third parties who may be found on or linked from the Website are between you and the advertiser, for which you assume full responsibility, and you acknowledge that we are not liable for any loss or claim you may have against an advertiser.
Changes to services, the Website, and these Terms
We reserve the right to modify or terminate the services you are receiving from Swell Fundraising or the Website for any reason, and without notice, without liability to you or any third party. We also reserve the right to modify these Terms with concurrent notice on the Website. When you first register a user account through the Website, you will be asked specifically to accept these Terms of Use if you have not done so before, and will be asked again, when you next log in, to do so if they have changed from the last time you accepted them. You are responsible for regularly reviewing these Terms so that you will be apprised of any changes. Your continued use of the Swell Fundraising or Swell Circles Website following any changes to these Terms is your agreement to the changes, and you are bound by the then-current version of these Terms. If any changes to these Terms are unacceptable to you, you must cease use of the Website.
Notices
Swell Fundraising may provide you with notices regarding the services provided by Swell Fundraising and by the Website, or these Terms, by regular mail, email, or postings to the Website.
International use
The Website is controlled and operated from within the United States. Swell Fundraising makes no representation that the Website is appropriate or available in locations outside the United States. Those who choose to access the Website from other locations are responsible for compliance with applicable laws. International users must comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.
Term and termination
These Terms apply to your use of the services provided by Swell Fundraising and the Website at all times. Swell Fundraising reserves the right to change the Website without notice to you, at any time.
Swell Fundraising reserves the right, at its sole discretion, to immediately, with or without notice, suspend or terminate these Terms of Use, and/or your access to all or a portion of the Website, and/or remove any registration information or User Content from the Website, for any reason (including if you breach any of the provisions of these Terms of Use).
Miscellaneous
These Terms constitute the entire agreement between the parties with respect to all of the matters herein and supersede all other agreements, understandings, and discussions of the parties. If any provision of these Terms shall be held to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these Terms shall continue in full force and effect.
No waiver or forbearance to seek a remedy by any party of any breach by any other party of any of its covenants, obligations, and agreements hereunder shall be a waiver of any subsequent breach of any other covenant, obligation, or agreement.
You may not assign, sublicense, or otherwise transfer any right or obligation set forth herein without Swell Fundraising's prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect. These Terms are binding upon the parties' respective successors and permitted assigns. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity, or otherwise.
Swell Fundraising may assign any of its rights or obligations under these Terms to another party without notice or consent for any reason, including in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
The headings used throughout these Terms are solely for convenience of reference and are not to be used as an aid in the interpretation of these Terms. These Terms do not confer any third-party beneficiary rights. Nothing in these Terms shall prevent Swell Fundraising from complying with the law.
Swell Fundraising shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Jurisdiction and governing law
You agree that these Terms, for all purposes, shall be governed and construed in accordance with the laws of the State of Alabama, without giving effect to its conflicts of laws provisions.
Except as otherwise provided for in this Agreement or in writing by the parties hereto, any dispute among the parties hereto, wherever based in contract, tort, or otherwise, in any way arising out of or relating to this Agreement or any agreements or instruments relating to this Agreement shall be resolved exclusively by binding arbitration in accordance with the Federal Arbitration Act (9 U.S.C. § 1) and the Commercial Arbitration Rules ("Rules") then pertaining of the American Arbitration Association ("AAA"). In the event of any inconsistency between this section and the Rules, this section shall govern. Commencement of an arbitration proceeding under this Agreement shall be deemed the commencement of an action for such purposes. An arbitration proceeding shall be deemed commenced upon the receipt by the AAA of a party's written demand for arbitration. The arbitration proceeding shall be conducted in Birmingham, Alabama, or at such other place as may be selected by mutual agreement of the parties hereto. Judgment upon the award entered in arbitration may be entered in the Circuit Court of Jefferson County, Alabama, and each party hereto specifically consents to venue and jurisdiction in Jefferson County, Alabama, with respect to any award so entered. The arbitrator or arbitrators shall not act as amiable compositeurs. No provision of, or the exercise of any rights under, this section shall limit the right of any party to exercise (in addition to its rights to arbitrate) any self-help remedies or to realize upon foreclosure against any collateral or security, whether pursuant to a power of sale or otherwise, before, after, or during the pendency of the arbitration, nor shall anything in this Agreement be construed to prevent the parties from seeking preliminary relief for breaches of this Agreement from a court of law or equity, including, but not limited to, a temporary restraining order or temporary injunction. A party's seeking preliminary relief from a court of law or equity shall not constitute a waiver of that party's arbitration rights under this Agreement. The Federal Arbitration Act shall apply to the construction and interpretation of this section notwithstanding any other choice of law provisions contained elsewhere in the Agreement. The parties acknowledge and agree that the transactions contemplated by this Agreement, and any disputes which may arise hereunder or in relation to or involving this Agreement, involve interstate commerce and the performance of the obligations hereunder involve substantial interstate activities. The arbitration agreement contained in this section shall survive termination of this Agreement. All costs of arbitration shall be borne by the party against whom the issues of arbitration are decided.
For more information on AAA, its rules and procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at adr.org.
Conflict with other agreements
These Terms are in addition to, and do not nullify, any other agreement between you and Swell Fundraising or any other applicable terms and conditions found on the site. In the case of any direct conflict between these Terms and any other agreement between you and Swell Fundraising, the provisions of such other agreement shall control, but only to the extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the site.
For questions about these Terms of Use, please contact us at support@SwellFundraising.com.
Electronic communications
When you visit the site, use the services, or send emails to Swell Fundraising, you are communicating with us electronically. You consent to receive communications from Swell Fundraising electronically. Swell Fundraising may communicate with you by email or by posting notices on the site. You agree that all agreements, notices, disclosures, and other communications that Swell Fundraising provides to you electronically satisfy any legal requirement that such communications be in writing. You may give notice to Swell Fundraising at the following address: 2901 2nd Avenue South #220, Birmingham, AL 35223. Such notice shall be deemed given when received by Swell Fundraising by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.