Welcome to PoliticoinRed.com, the political fundraising division of Politicoin LLC (hereinafter referred to as “Politicoin”).
Binding Agreement. These Terms of Service (“TOS”) are a binding contract and govern your use of our website, products, services, and applications (collectively “Site”). You agree and consent to the TOS by your continued use of the Site; if you do not agree to be bound by the TOS, please cease all use and access to the Site. If you have any questions regarding the TOS, please contact us at:
The TOS includes the Privacy Policy and is subject to change in our discretion at any time without prior notice by amendment of the TOS.
Donor Obligations. You warrant and represent that you will provide us with accurate and complete information about yourself as may be required to register for use of our Site. You shall not select as your user name or identification a name that you do not have the right to use, or use another person’s name with the intent to impersonate that person. You shall not transfer your account to anyone else without our prior written permission, which shall not be unreasonably withheld.
You represent and warrant that you are an individual of legal age in your jurisdiction to enter into a binding contract. If you agree to the TOS on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to the TOS (in which case, the references to “you” and “your” in the TOS, except for in this sentence, refer to that organization or entity).
You are responsible to protect the security of your account and credentials and to forthwith notify us in writing in the event your security is compromised.
You are solely responsible for your use of the Site in a manner that complies with all laws that apply to you. You will defend and indemnify us from all actions, claims, or threats of claims against Politicoin or any of our officers, directors, owners, or employees, and successors and assignees that arise because of your actions or failure to act, your violation of the TOS, or your violation of any civil or criminal law.
Receipts and Processing of Donations. For donations made in the form of cryptocurrency, Politicoin will assign a value of such donation in US Dollars (“USD”) at the moment the donation is made, based on the value of the cryptocurrency as reflected in public and generally available cryptocurrency markets or indexes. While Politicoin may confirm each potential Recipient Organization (“Client”) is a registered, tax-exempt nonprofit organization under section 501(c)(x) of the Internal Revenue Code by confirming the tax ID number, it is the sole responsibility of each Donor to determine whether their contribution entitles them to a charitable deduction based on applicable law. Politicoin facilitates online cyptocurrency contributions between Donors and Clients, but does not otherwise represent or warrant that any contribution is eligible for tax deduction or other financial benefit. Politicoin expressly disclaims any responsibility and liability for any representations by Clients to Donors, and does not act as a representative or agent of Client except to facilitate online donations as described in the TOS.
Upon receipt of donations of cryptocurrency, Politicoin will generate a receipt for the Donor reflecting the value of the donation in USD at the moment of donation. Politicoin will then forward the donation to our Client in the form of cryptocurrency and/or USD as specified by the Client within 10 calendar days from receipt (“Processing Window”), less the fees for processing agreed between Politicoin and that Client as well as any third-party processing fees, such as gas fees for conversion of cryptocurrency to USD. Our Client will solely bear the risk of loss if the value of donated cryptocurrency declines during the Processing Window. Conversely, if the value of the donated cryptocurrency increases during the Processing Window in an amount greater than the receipt generated, Politicoin will retain such increase in value as a “Surge Fee” in addition to our processing fees to assure the accuracy of the receipt. Politicoin will retain its fees in the form of cryptocurrency and/or USD in its sole discretion.
Consent to Communications
Your use of the Site constitutes your express consent to receive communications from Politicoin, by electronic and other means including text messages, unless you unsubscribe from such communications once received.
Copyright and Trademark. The Site, including, but not limited to, text, graphics, data, articles, photos, images, illustrations (all of the foregoing, the “Content”) are protected by copyright, trademark, or other intellectual property laws. You promise to comply with all copyright notices, trademark laws, and applicable provisions protecting intellectual property information. You agree not to use our Content except solely in connection with your use of the Site for its intended purposes, unless you have our advance written authorization to the contrary. You may not publish all or part of Politicoin’s Content or software code, or derivative works thereof, without our advance written authorization for sufficient legal consideration. You agree to pay Politicoin all of its direct and consequential damages, including but not limited to lost profits and loss of goodwill, as well as reasonable attorney’s fees and costs in the event of your violation of Politicoin’s intellectual property rights.
Donor Error and Risk. Politicoin does not have any ability to reverse any contribution if the Donor makes an error in the amount to be contributed or the intended recipient. Donors are solely responsible for their use of the Site and shall be responsible to assure they are contributing the precise amount desired to the correct Client recipient. Donors assume all the risk of any errors they may make during their use of the Site. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Cost of Services. Politicoin has contracted with its Client and all fees and costs are reflected in that agreement between the parties. Politicoin does not charge donors any fee for their donation. Donors may be charged a gas fee from their blockchain network to transfer cryptocurrency from their wallet to Politicoin’s wallet.
Economical Litigation Agreement. Any Dispute arising out of or relating to the TOS, including the breach, termination or validity thereof, whether based on action in contract or tort, shall be finally resolved by civil litigation in accordance with the International Institute for Conflict Prevention & Resolution Economical Litigation Agreement (2010 edition), by a judge sitting without a jury. In jurisdictions where advance waiver of jury is prohibited as a matter of law, or where all parties to this agreement subsequently agree in writing, such Dispute shall be decided by a jury. The exclusive forum and venue for any such litigation shall be the Business Litigation Session of Suffolk Superior Court, in Boston, Massachusetts, and the parties consent to the jurisdiction thereof.
Warranty Disclaimer. Politicoin and its licensors, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (collectively “Politicoin”) make no representations or warranties concerning the Site and Politicoin will not be responsible or liable any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Site, including any Donations or the loss of value of any cryptocurrency donation that the Client wishes to convert to USD, provided that any cryptocurrency donation is converted to USD within 10 calendar days. THE SITE AND SERVICES ARE PROVIDED BY POLITICOIN ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL POLITICOIN BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY CLIENT TO POLITICOIN IN CONNECTION WITH THE SITE IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Assignment. You may not assign, delegate or transfer the TOS or your rights or obligations hereunder, in any way (by operation of law or otherwise) without prior written consent by Politicoin, which shall not be unreasonably withheld. We may transfer, assign, or delegate the TOS and our rights and obligations without consent.
Choice of Law. The TOS is governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof.
Waiver of Class or Consolidated Actions . ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT SHALL BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE DONOR OR CLIENT OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHERS. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, the remaining TOS shall be fully in force.
Privacy of Minors. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Site or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at info@raise2change.com.
Legal Notices. Any legal notice by any Client, Donor or third-person shall be sent by email to info@raise2change.org and also sent by United States Postal Service Express Mail to: Politicoin LLC, 11 Depot Road, PO Box 141, Truro MA 02666-0141, ATTN: Legal Department.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Site, provided that Politicoin may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of the TOS are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that the TOS shall otherwise remain in full force and effect and enforceable.