ACCEPTANCE OF TERMS

To use the eDivvy service, you must read and agree to all of the terms and conditions of this service agreement. If you do not agree to the terms and conditions of this service agreement, you may not use eDivvy’s service. You agree that we may modify the terms and conditions of this service agreement (including the privacy policy) at any time and in our sole discretion, by posting amended terms to this web site. Should any such amendments be so posted or sent to you, your continued use of the service is your agreement to such amendments. We are not responsible for any loss or damage if you do not comply with any part of the terms of service. As used herein, the term "you" refers to you in your capacity as an organizer or as a contributor. See below for an explanation of the meanings of organizer and contributor.


YOUR ACCOUNT

The service is provided by eDivvy Incorporated. By using the service, you agree to the following: (a) when you register or create an account, or when you make a contribution to an event, you will submit a valid e-mail address and select a password and user name; (b) all information that you submit will be valid and non-fraudulent; (c) you will keep confidential all aspects of your account; (d) you are responsible for any and all uses of your account, whether or not you’ve authorized such use; (e) you will keep confidential all aspects of other user’s account information; (f) you will immediately notify us of any unauthorized use of your account. We reserve the right to terminate the account of any user and deny service to any user for any reason. Your credit card is kept on file as encrypted, but for security, we do not keep your CVID on file.

THE SERVICE

The eDivvy is a service that enables users to pool resources to purchase products. To use the eDivvy service, an organizer will first create a group gifting event, which includes selecting a product or products, inviting participants to contribute to the purchase of the product or products, and several other pieces of information and parameters, such as specifying how a contributor may or must contribute. After an event is organized, invited participants can contribute funds towards the purchase of the product or products include in the event.

There are some limitations on how an organizer can organize an event. For example, an organizer cannot modify the delivery date or add participants after the contribution deadline has passed, although if an event is not fully funded at the contribution deadline, an organizer will have a grace period to revise the contribution deadline. Also, once an event is fully funded, no changes to that event are permitted. Additional limitations will be communicated to the organizer during and after he organizes an event, and communicated to a contributor when he contributes. When you make a contribution to an event, you agree and accept all the terms and conditions (as may be modified) set by the organizer and eDivvy.

You understand and agree that the content of all users, including your content, is aggregated and integrated into the eDivvy service. We will use the data collected from you and other users to deliver the eDivvy service and for statistical, analytical, reporting and other purposes. You understand and agree that eDivvy does not control, endorse or verify any content submitted by any user.

You agree and understand that although the eDivvy service enables the group gifting of a product or products, the only transaction that you have with eDivvy is for the fees that we charge you for use of the eDivvy service. Moreover, although we deliver money to merchants on behalf of group participants, you understand and agree that we are simply facilitating your group gifting event. You also understand and agree that we do not control the merchants, retailers and users who also use eDivvy service. Therefore, we shall not be liable for any loss that you may incur as a result of your interactions and transactions with the merchants, retailers and users that enjoy the eDivvy service, including but not limited to any loss resulting from (i) payment, (ii) late delivery of goods or services, (iii) no delivery goods or services, (iv) quality of goods or service, (v) breach of any warranty, express or implied, of goods or services or (vi) otherwise because of any product defect. The dealings between you and merchants, retailers and other users are solely between you and such merchants, retailers and other users, as the case may be. We do not guarantee the performance of any merchant, retailer, user or product. We are not responsible for price changes to any product, including but not limited any price change that may occur after an event is created for a product but prior to payment for that product. (A price change may cause an event to be over-funded or under-funded. See below for what happens in either event.) We have no obligation to resolve any dispute between you and any merchant, retailer or other user of the eDivvy service. If there is any such dispute, you agree that you do and will release eDivvy Incorporated and its officers, employees, agents and successors from any loss of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, liquidated or unliquidated, or otherwise related to such dispute. We reserve the right to cancel any event and refund all moneys contributed for any cancelled event.

You understand and agree that every time you make a contribution to an event, you will be charged a non-refundable contribution charge, which will not be applied to the funding of an event or to any credits or gift cards that may be issued if the event is over-funded or under-funded. (What happens when an event is over-funded or under-funded is discussed below.) The contribution charge is currently forty nine cents per contribution. We may change the contribution charge by posting notice in these terms and conditions or by notice when you make a contribution. In addition, you agree that you may request a refund of any contribution you make, but only if you request such refund five days prior to the contribution deadline specified by the organizer when the event for which you are requesting a refund was first organized.

The term "entire event amount" means the aggregate of the price of product or products included in the event, all taxes for the purchase of such product or products, all charges for the shipping of such product or product, and a service fee charged by eDivvy. You understand and agree that your contribution or contributions will be used to fund the entire event amount, which includes the service fees charged by eDivvy. The service fee is currently four (4%) of the aggregate of the price of product or products included in the event. We may change the service fee by posting notice in these terms and conditions or by notice when you make a contribution.

If the event is not fully funded by the contribution deadline date, the organizer will have until 11:59 PM on the day after that date to extend the contribution deadline, subject to certain limitations disclosed to the organizer by email or within the organizer’s account on the eDivvy website. An event is fully funded when contributors contribute an aggregate amount equal to the entire event amount. An event is under-funded when contributors contribute an aggregate less than the entire event amount. An event is over-funded when contributors contribute an aggregate amount greater than the entire event amount. Product price, taxes and shipping charges will be communicated to the organizer as he builds an event, although only the aggregate of these charges will be communicated to a contributor when he contributes.

When you make a contribution, we (or our designee, who may be a merchant, retailer, financial institution, other user, or other person or entity) will hold your contribution in escrow until the contribution deadline set by the organizer.

If the event to which you contributed is fully funded before or at the contribution deadline or revised contribution deadline, we will apply all contributed funds (less our service fees and contribution charges) in escrow to payment for the product or products in the event.

If the event to which you contributed is over-funded at the contribution deadline or revised contribution deadline, we will first apply contributed funds (less our service fees and contribution charges) in escrow to payment for the product or products in the event. If funds remain in escrow after payment for the product(s) and payment of our service fees and contribution charges, we will apply any remaining contributed funds in escrow to either (i) the purchase of a VISA or MasterCard gift card, which currently have purchase fees of approximately $6.95 and can be purchased in whole dollar amounts, or (ii) an eDivvy check, which currently has a processing fee of $4.95. Any gift card or eDivvy check will be issued to the recipient specified in the event promptly after the contribution deadline or revised contribution deadline.

If the event to which you contributed is under-funded at the contribution deadline or revised contribution deadline, we will apply contributed funds (less our service fees and contribution charges) to either (i) the purchase of a VISA or MasterCard gift card which currently have purchase fees of approximately $6.95 and can be purchased in whole dollar amounts, or (ii) an eDivvy check, which currently has a processing fee of $4.95. Any gift card or eDivvy check will be issued to the recipient specified in the event promptly after the contribution deadline or revised contribution deadline.

In addition to the foregoing, if the total amount contributed by contributors, after deduction of our service fees and contribution charges, is less than $10.00, then we shall issue a refund to each contributor in the amount of that contributor’s contribution less: (i) our contribution charge and (ii) that contributor’s pro rata share (based on the total number of contributors) of our service charge.

You understand and agree that eDivvy reserves the right to cancel any event for any reason, including but not limited to events that promote racism, sexism, terrorism or that serve to damage eDivvy in any way. If eDivvy does cancel an event, all fees paid to eDivvy will be refunded promptly.

SALES TAX

Sales tax is charged for orders shipped to states where sales taxes are applicable. The amount of sales tax charged is based on current state and local tax rates. Gift-wrap and shipping and handling charges may also be subject to sales tax in applicable states. The merchant, retailer or other user fulfilling your event may refund sales tax for returned items, although that is a matter between you and such merchant retailer or other user. When an event is created, it is possible that the applicable sales tax might be the sales tax charged by one of several different states. In that event, the highest sales tax will be calculated into the entire event amount. If the actual sales tax later turns out to be lower, we shall credit the event appropriately.

SHIPPING POLICY

eDivvy shipping rates, methods, and terms are set by individual merchants, not by eDivvy. After processing your group gift, eDivvy places orders for each event using the individual merchant’s standard ground shipping rates/terms. The merchant who will fulfill your order will likely ship your product according to their customary shipping policy. eDivvy estimates that standard ground delivery is between 4-7 business days, but cannot guarantee the actual delivery date or performance of the merchant responsible for fulfilling the order. Business days are Monday through Friday. Please allow 1-2 days from when the event closes for processing the group gift order. Processing includes, but is not limited to the verification of funds. In the event there is an issue with the delivery of your order, please contact our customer service department and we will do our best to resolve the issue. You may contact us Monday through Friday between 8:30 am PST and 5:30pm PST at (877) 334-8894.

If the event is fully funded or over-funded, we will release the entire event amount to the merchant, retailer or other user fulfilling your event promptly after the contribution deadline or revised contribution deadline and transmit your order to the merchant responsible for fulfillment. We reserve the right to have your order fulfilled by any merchant able to ship the exact same product or products specified in the event. Although the merchant who will fulfill your event will likely ship your product according to his, hers or its customary shipping policy, we cannot guarantee this because we do not control such merchant, retailer or other user. If the merchant responsible for fulfillment of the event is unable to fulfill for any reason, although we may first attempt to find another merchant who is able to fulfill the event, we may purchase a gift card and issue such to the recipient. As noted above, such gift cards have purchase fees of approximately $6.95 and can be purchased in amounts from $10 to $250. If funds remain after such purchase of a gift card, an eDivvy credit will be issued.

REFUND, RETURN/EXCHANGE POLICY

For refund and returns, you agree to look only to the merchant, retailer or other user who has fulfilled your event. Although the merchant, retailer or other user who has fulfilled your event will likely grant refunds and accept returns according to his, hers or its customary refund policy, we cannot guarantee this because we do not control such merchant, retailer or other user. The merchant, retailer or other user fulfilling your event may refund sales tax for returned items, although that is a matter between you and such merchant retailer or other user.

LINKS TO THIRD PARTY SITES

Any web sites that are accessible from eDivvy.com and that take you out of eDivvy.com are not under our control and we shall not be responsible for your dealings with those websites. We encourage you to read the policies, terms and conditions of any web site that you visit.

COPYRIGHTS AND TRADEMARKS

The eDivvy logo and other names, logos, icons and marks identifying our products and services are trademarks of eDivvy, Inc. and may not be used without our written permission. All rights not expressly granted in this Agreement are reserved to eDivvy, Inc. You may not post, distribute, reproduce or sell in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use.

NO RESALE OR COMMERCIAL USE, ABUSE OF THE SERVICE

You agree not to resell or make any commercial use of the eDivvy service without the express consent of eDivvy, Inc. You may not create bots or other computer generated automatic tools to abuse the eDivvy service.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE EDIVVY SERVICE AND THE EDIVVY.COM WEBSITE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY OF YOUR LOSS THAT RESULTS SUCH USE. THE EDIVVY SERVICE AND THE EDIVVY WEBSITE ARE PROVIDED ON AN "AS IS" BASIS. EDIVVY, INC., ITS LICENSORS AND ITS LICENSEE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY AS TO THE PERFORAMNCE OF ANY MERCHANT WHO MIGHT FULFILL ANY EVENT OR SHIP ANY PRODUCT. NEITHER EDIVVY, INC., NOR ITS LICENSORS, NOR ITS LICENSEES, MAKE ANY WARRANTY THAT THE EDIVVY SERVICE OR THE EDIVVY WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE EDIVVY SERVICE OR THE EDIVVY WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NEITHER EDIVVY, INC., NOR ITS LICENSORS, NOR ITS LICENSEES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EDIVVY SERVICE OR THE EDIVVY WEBSITE AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE EDIVVY SERVICE OR EDIVVY WEBSITE OR THAT DEFECTS IN THE EDIVVY SOFTWARE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL EDIVVY, INC., BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE EDIVVY SOFTWAREM EDIVVY SOFTWARE OR EDIVVY.COM WEBSITE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF EDIVVY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, EDIVVY, INC. SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE EDIVVY SERVICE OR EDIVVY WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY

YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD EDIVVY, INC., ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUCCESSORS AND ASSIGNS HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE EDIVVY SERVICE, (B) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT, BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST EDIVVY, INC. ARISING OUT OF YOUR USE OF THE EDIVVY SERVICE, EDIVVY SOFTWARE OR EDIVVY WEBSITE.

GENERAL TERMS

This Agreement is governed in all respects by the laws of the State of California, notwithstanding any provision of law or choice of law rule which may require otherwise. Any dispute arising hereunder or pursuant to your use of the eDivvy service or pursuant to your use of the eDivvy website shall be submitted to state and federal courts in California and you consent to the exclusive jurisdiction of such courts. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Any failure to act on our part with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this agreement or any rights hereunder, and any attempt to the contrary is void. This agreement shall inure to the benefit of and be binding upon each party’s successors and assigns. Any notice required or given to you under this agreement may be delivered by electronic mail at the e-mail address provided by you during registration. This agreement constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.