Last Updated: July 1, 2023
AGREEMENT TO OUR LEGAL TERMS
We are Wood Mountain (“Company,” “we,” “us,” “our“), a company registered in California at 33175 Temecula Parkway, Temecula, CA 92592.
We operate the website https://fundraiser4us.com (the “Site“), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms“) (collectively, the “Services“).
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you“), and Wood Mountain, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and use www.Fundraiser4Us.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Fundraiser 4 Us that you will not use the Site for any purpose that is unlawful or prohibited by these terms. You may not use the Site in any manner, which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Fundraiser 4 Us or its suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
PRIVACY
Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
Fundraiser 4 Us is not responsible for third party access to your account that results from theft or misappropriation of your account. Fundraiser 4 Us reserves the right to refuse or cancel service, terminate account, or remove and edit content in its sole discretion.
USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
PRODUCTS
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
PURCHASES AND PAYMENT
We accept payment via credit/debit card by utilizing the Stripe payment platform. In some cases, alterntive payment methods may be available and are at the sole discretion of Fundraiser 4 Us.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
RETURN POLICY
Returns and exchanges are not permitted. Please review our Refund Policy for more information.
COPYRIGHT
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Fundraiser 4 Us content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Fundraiser 4 Us and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Fundraiser 4 Us or our licensors except as expressly authorized by these Terms.
ELECTRONIC COMMUNICATIONS
Visiting www.Fundraiser4Us.com or sending emails to Fundraiser 4 Us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
www.Fundraiser4Us.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Fundraiser 4 Us and Fundraiser 4 Us is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Fundraiser 4 Us is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fundraiser 4 Us of the site or any association with its operators. Certain services made available via www.Fundraiser4Us.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.Fundraiser4Us.com domain, you hereby acknowledge and consent that Fundraiser 4 Us may share such information and data with any third party with whom Fundraiser 4 Us has a contractual relationship to provide the requested product, service or functionality on behalf of www.Fundraiser4Us.com users and customers.
USER CONTENT
Fundraiser 4 Us does not claim ownership of the materials you provide to www.Fundraiser4Us.com (including feedback and suggestions) or post, upload, input or submit to any Fundraiser 4 Us Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Fundraiser 4 Us, our affiliated companies and necessary sub-licenses permission to use your Submissions in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions; and to publish your name in connection with your Submissions. Fundraiser 4 Us is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Fundraiser 4 Us’ sole discretion. By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You represent and warrant that the Submissions do not infringe the copyright, trademark, publicity/privacy right or other intellectual property or proprietary of any third party. User agrees that the user’s Submissions to Fundraiser 4 Us you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; and user further agrees that the user’s Submissions will not include any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
ACCESSIBILTY STATEMENT
Fundraiser 4 Us is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. We aim to comply with all applicable standards, including WCAG 2.0 accessibility standards up to level AA. If you experience any difficulty in accessing any part of this website, please feel free to email us at support@woodmtn.com. We will work with you to provide the information, item, or transaction you seek through an alternate communication method or one that is accessible for you consistent with applicable law (for example, through telephone support).
ANTI-SCRAPING POLICY
Any form of scraping or data mining, either manual or automated, is prohibited on www.Fundraiser4Us.com. The use of automated systems or software to extract data from these websites for any purpose, (‘screen scraping’) is prohibited unless the third party has directly concluded a written license agreement with Fundraiser 4 Us. You may not develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape our fundraiser pages or any other data on our site; You may not use bots or other automated methods to access the Services and Site, add or download information, send or redirect messages; You may not copy, use, disclose or distribute any information obtained from the Services and Site, whether directly or through third parties (such as search engines & scraping sites like Scrapinghub.com), without the consent of Fundraiser 4 Us; You may not override any security feature or bypass or circumvent any access controls or use limits of the Service or Site(such as caps on keyword searches or profile views); You may not deep-link to our Services or Site for any purpose other than to promote your fundraiser or donate, without Fundraiser 4 Us’s consent. You may not access our site via a VPN (Virtual Private Network).
SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.
CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
INDEMNIFICATION
To the extent allowed by law, you agree to indemnify, defend and hold harmless Fundraiser 4 Us, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any Submissions made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Fundraiser 4 Us reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Fundraiser 4 Us in asserting any available defenses to the extent allowed by law.
LIABILTY DISCLAIMER
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FUNDRAISER 4 US AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FUNDRAISER 4 US AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FUNDRAISER 4 US OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. FUNDRAISER 4 US MAKES NO REPRESENTATION AS TO WHETHER ALL OR PART OF YOUR ONLINE DONATIONS ARE TAX DEDUCTIBLE.
TERMINATION/ACCESS RESTRICTION
Fundraiser 4 Us reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fundraiser 4 Us as a result of this agreement or use of the Site. Fundraiser 4 Us’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Fundraiser 4 Us’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Fundraiser 4 Us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Fundraiser 4 Us with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Fundraiser 4 Us with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall 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. It is the express wish of the parties that this agreement and all related documents be written in English.
USER REQUEST FOR ACCOUNT AND DATA DELETION
Users may request that their account and all of their data be deleted by emailing support@woodmtn.com and requesting such deletion. Please include your username and state that you want all of your data deleted. We will verify the account before deletion by sending a verification email to the user’s email address. The request will be processed within 48 hours.
CHANGES TO TERMS
Fundraiser 4 Us reserves the right, in its sole discretion, to change the Terms under which www.Fundraiser4Us.com is offered. The most current version of the Terms will supersede all previous versions. Fundraiser 4 Us encourages you to periodically review the Terms to stay informed of our updates.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us:
By email: support@woodmtn.com
By phone: 760-695-0015