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The Level Market

Terms of Use

Last Updated: April 25, 2018

1. Welcome To Level Giving by The Level Market


This page explains our terms of use. When you use Level Giving by The Level Market, you’re agreeing to all the rules on this page. Some of them need to be expressed in legal language, but we’ve done our best to offer you clear and simple explanations of what everything means — hence the brief summaries in these blue boxes. The summaries, for the record, are not part of the official legal terms.

Welcome to Level Giving. By using this website (the “Site”) and services (together with the Site, the “Services”) offered by The Level Market, PBC (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors — collectively, “The Level Market,” “we,” or “us”), you’re agreeing to these legally binding rules (the “Terms”). You’re also agreeing to our Privacy Policy and agreeing to follow any other rules on the Site.

Please review The Level Market’s Privacy Policy, incorporated herein by reference, for information and notices concerning our collection and use of your information. Certain areas of and/or features or products on the Services may have different and/or additional terms and conditions posted or may require you to agree with and accept additional terms and conditions or policies. If there is a conflict between these Terms and the terms and conditions or policies posted for a specific area or feature, the latter take precedence with respect to your use of that area or feature and with respect to the provision in conflict.

We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. New versions of the terms will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using The Level Market after a change, that means you accept the new terms.


2. Creating an Account


You can browse Level Giving without registering for an account. But to use some of Level Giving functions, you’ll need to register and set a password. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account.

You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone’s used your account without your permission, you should report it to info@thelevelmarket.com

You may need a username and password to use certain features of the Services and you may create certain URLs when you establish a profile, fundraiser, event, or charity page subject to these Terms. By selecting a username 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; (c) in violation of the intellectual property rights of any person; or (d) that The Level Market, in its sole discretion, deems inappropriate or offensive.

You hereby expressly permit The Level Market to identify you by your user name (which may be a pseudonym). You acknowledge and agree that you shall have no ownership or other property interest in your account, URL and/or user name, and you further acknowledge and agree that all rights in and to your username and account are and shall forever be owned by and inure to the benefit of The Level Market. You are responsible for maintaining the confidentiality of your password and account information, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify The Level Market immediately of any unauthorized use of your password or account or any other breach of security. The Level Market assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party. The Level Market has the right to reclaim any user names or URLs for any reason.

You agree to: (a) provide accurate information as prompted on the Services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or The Level Market has reasonable grounds to suspect that such information is inaccurate, The Level Market may suspend or terminate your use of the Services and/or decline to permit your continued use of the Services and future access to the Services.

To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age. Individuals or Entities Fundraising for Nonprofits. By raising funds through the Services, you represent and warrant that: (a) you are raising money for a 501(c)(3) non-profit organization or registered nonprofit (a "Nonprofit") with a cause or activity that is legal under all applicable federal, state, provincial, territorial and local laws and regulations; and (b) all donated goods will be used solely for the purpose you have stated on the Services, and under no circumstances may you use the goods for any other purpose.

Fundraising. If you are a Nonprofit or an agent of such Nonprofit using the Services to raise funds for such Nonprofit, you agree that you will comply with all applicable state and provincial solicitation and/or fundraising laws, and you represent and warrant that such Nonprofit: (a) has and will maintain tax-exempt status under sections 501(c)(3) of the Internal Revenue Code or equivalent for international nonprofits.

If you create a campaign on behalf of a Nonprofit, you represent and warrant that you: (a) are the authorized representative of the Nonprofit with the authority: (i) to solicit Donations (as defined herein) for the Nonprofit; and (ii) to bind the Nonprofit to these Terms; and (b) are using your Donations only as you have described on the The Level Market Platform.


3. What Not To Do


We expect all people using Level Giving to behave responsibly and help keep this a nice place. Don’t do any of these things on the Site:

  • Don’t break the law. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
  • Don’t lie to people. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
  • Don’t offer prohibited items. Don’t offer any rewards that are illegal, violate any of The Level Market’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
  • Don’t victimize anyone. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
  • Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.
  • Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to The Level Market or another party).
  • Don’t abuse other users’ personal information. When you use The Level Market — and especially if you create a successful campaign — you may receive information about other users, including things like their names, email addresses, and postal addresses. This information is provided for the purpose of participating in a The Level Market campaign: don’t use it for other purposes, and don’t abuse it.

We also need to make sure that the Site is secure and our systems function properly.

  • Don’t try to interfere with the proper workings of the Services.
  • Don’t bypass any measures we’ve put in place to secure the Services.
  • Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to The Level Market or another party.
  • Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)
  • Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site.
  • Don’t take apart or reverse engineer any aspect of The Level Market in an effort to access things like source code, underlying ideas, or algorithms.

4. How Campaign Works


The Level Market provides a funding platform for nonprofit campaigns.

Step 1. Nonprofit determines its supply needs, volume needed, timing and destination.

Step 2. Nonprofit creates campaign on The Level Market’s platform under Level Giving, stating supply needs, as well start and end dates for campaign, impact report date, anticipated impact.

Step 3. The Level Market coordinates with the supplier to determine price per unit based on your needs, production timescale, delivery timescale, etc. If supplier is not currently listed, we’ll recruit the supplier to list on platform.

Step 4. The Level Market gets shipping quote from shipping partner, which is combined with product cost for a total campaign cost.

Step 5. Nonprofit reviews and agrees to pricing and campaign run dates. This triggers the campaign to go live.

Step 6. Nonprofit markets the campaign to its community and donor base.

Step 7. Donors make purchases under nonprofits campaign and share with their network. Nonprofits receive real-time updates and watch their dashboard as supplies are purchased.

Step 8. Nonprofit pays The Level Market outstanding platform fees, if any, once campaign is complete.

Step 9. The Level Market transfers funds to supplier and shipper per terms so supplies can be prepared for shipment.

Step 10. Donors receive shipping and delivery updates via Level Giving platform, just like any other e-commerce purchase.

Step 11. Nonprofit receives donated goods and distributes/utilizes them.

Step 12. Nonprofit sends donor impact report 6 weeks after campaign via Level Giving platform. (The anticipated date of the update will be clearly visible on the campaign and will be mentioned in the confirmation email to the donor so they know exactly when to expect an update).

When a nonprofit posts a campaign on The Level Market, they’re inviting other people to form a contract with them. Anyone who donates to a campaign is accepting the nonprofit’s offer, and forming that contract. The Level Market is not a part of this contract — the contract is a direct legal agreement between nonprofits and their donors. Here are the terms that govern that agreement:

When a campaign is successfully funded, the nonprofit must complete the campaign and be prepared to receive the supplies on the dates agreed with the logistics company prior to the campaign launching. Once a nonprofit has sent an impact report about the use of supplies, they’ve satisfied their obligation to their donors.

If the campaign has come to its conclusion, but has not reached its goal, nonprofits have the option to buy the remainder of the supplies and fulfill the campaign themselves.

Throughout the process, nonprofits owe their donors a high standard of effort, honest communication, and a dedication to bringing the campaign to 100% completion. At the same time, donors must understand that when they donate to a campaign, they’re helping to get aid supplies into sometimes difficult and changing environments. Due to the volatile nature of these situations, there may be unforeseen changes or delays, and there’s also a chance something could happen that prevents the nonprofit from being able to finish the campaign as promised due to changing humanitarian circumstances. Impact reports may be delayed but it is the responsibility of the nonprofit to communicate the reasons to donors. The Level Market will send updates on behalf of the nonprofit.

If a nonprofit is unable to complete their campaign within the time frame, the campaign may be removed and no donors are charged. At The Level Market’s discretion a nonprofit in this position can remedy the situation by:

  • Demonstrating they’ve made every reasonable effort to complete the campaign as promised; they’ve been honest, and have made no material misrepresentations in their communication to donors;
  • Contacting The Level Market and working with The Level Market staff to set a new timeframe to continue the campaign. The nonprofit must accept this may affect the negotiated shipping and product costs in the campaign. The nonprofit must then work diligently and in good faith to bring the campaign to the best possible conclusion in a new timeframe that’s communicated to donors;

The nonprofit is solely responsible for fulfilling the promises made in their campaign. If they’re unable to satisfy the terms of this agreement, they may be subject to legal action by donors.


5. How Funding Works

Any individual, entity or organization that registers as a User and donates funds through the Services (“Donor”) is subject to the following additional terms of these Terms that apply specifically to Donors.

These are the terms that apply when you’re donating to a campaign:

Donor's Risk. All Donations are at your own risk. When you make a Donation to a campaign, it is your responsibility to understand how your money will be used. The Level Market does not warrant that Donations will be used for any particular purpose and is not responsible for any misuse of the Donations. The Level Market is not responsible for any other offers or promises made by Nonprofits in exchange for Donations.

  • You’re only charged if the campaign reaches 100% of its fundraising goal. You’ll provide your payment information when you go through check out, but you won’t be charged. Your payment will only be collected if, at the time of the campaign’s funding deadline, the campaign has reached its fundraising goal. The exact amount you purchased is the amount The Level Market will collect. If the campaign hasn’t reached 100% of its fundraising goal, you won’t be charged, no funds will be collected, and no money will change hands.
  • In some cases we’ll reserve the charge on your card. The Level Market and its payment partners may authorize or reserve a charge on your credit card (or whatever payment method you use) for any amount up to the full purchase amount, at any time between check out and the collection of funds.
  • The Estimated Delivery Date is the logistics company’s estimate.The date listed on each campaign is the logistic company’s estimate of when they will deliver the supplies— not a guarantee to fulfill by that date. The schedule may change as the nonprofit works on the campaign.
  • The Level Market doesn’t offer refunds. Responsibility for finishing a campaign lies entirely with the campaign nonprofit. The Level Market does not offer refunds.
  • Tax Deductions. The Level Market makes no representation as to whether all or any portion of your Donations, including, if any, transaction fees, are tax deductible or eligible for tax credits. The Level Market will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you, any The Level Market User or any Nonprofit. You should consult your tax advisor as to the amount of your Donation that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction.
  • Donor information. Donors shall provide The Level Market with such information as is required to enable the issuing of an official Donation receipt. Donor acknowledges and agrees that, in accordance with the Privacy Policy, certain of Donor’s personal information will be shared with the nonprofit to which such Donor makes a donation.

NON PROFITS


If you are a Nonprofit or an agent of such Nonprofit using the Services to raise funds for such Nonprofit, you agree that you will comply with all applicable state and provincial solicitation and/or fundraising laws, and you represent and warrant that such Nonprofit: (a) has and will maintain tax-exempt status under sections 501(c)(3) of the Internal Revenue Code.

These are the terms that apply when you’re creating a campaign:

  • We’ll charge our fees before putting funds in your account. The Level Market and its payment partners will subtract fees before transmitting the proceeds of a campaign.
  • Some purchases can’t be fulfilled. Because some payments can’t be collected - for instance, when a backer’s credit card expires before funding ends, and they don’t provide updated information - we can’t guarantee that the amount of funding you receive will be exactly equal to the full amount pledged minus fees.
  • We'll help resolve payment-card disputes. If a donor of your campaign disputes the charge with their card issuer, we'll handle re-presenting the charge to settle the dispute with the card issuer. You’ll be notified that a dispute has been filed, and you’ll be able to provide evidence to help us resolve it in your favor. If the cardholder’s dispute is found valid, you authorize us to charge the credit card number you provided when you started your campaign for the amount of the chargeback.
  • Don’t count your chickens before they hatch. Don’t assume you’ll be able to launch your campaign when you want; there could be a reason we’re not able to accept it, or a problem that takes time to resolve. Don’t assume you’ll be able to immediately collect your supplies; there may be a delay between the end of a successful campaign and your access to the supplies.

6. Stuff We Don't Do and Aren't Responsible For

The Level Market isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services. We don’t oversee the performance or punctuality of campaigns, and we don’t endorse any content users submit to the Site. When you use the Services, you release The Level Market from claims, damages, and demands of every kind - known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.

7. Fees and Payments

Fees are only charged on 100% successfully funded campaigns. We charge 10% for campaigns worth $100,000 and under 7.5% for $250,000 and under, 5% for over $250,000, in addition to any fees from our payments partners.

Creating an account on Level Giving is free. If you create a campaign that is successfully funded, we (and our payment partners) collect fees. Our partners’ fees may vary slightly based on your location.

By signing up for a campaign, you are agreeing to the fees laid out in this policy. We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we’ll announce that on our Site. Each payment provider is its own company, and The Level Market isn’t responsible for its performance.

You’re responsible for paying any additional fees or taxes associated with your use of Level Giving by The Level Market. For international shipping, the nonprofit is responsible for any customs and duties fees.

The Level Market has partnered with Stripe and PayPal to make raising money and donating goods to nonprofits easy and seamless. When either PayPal or Stripe process payments, purchases will appear on the Donor's credit card statement under the name of the non-profit to whom they contributed. See PayPal and Stripe’s Terms of Service for more information.


8. Other Websites

Level Giving may contain links to other websites. (For instance, campaign pages, user profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.

The Level Market partners with other companies (such as Paypal and Stripe) for payment processing. When you back or create a campaign, you’re also agreeing to the payment processor’s terms of service.


9. Your Intellectual Property

You’re responsible for the content you post. The Level Market doesn’t own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you submit a campaign for review, or launch a campaign, you agree to these terms:

  • We can use the content you’ve submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content.
  • When we use the content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.
  • You won’t submit stuff you don’t hold the copyright for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant The Level Market all the license rights outlined here).
  • Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on The Level Market’s hosting of that Content.
  • You promise that if we use your Content, we’re not violating anyone’s rights or copyrights. If The Level Market or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
  • You’re responsible for the stuff you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.
  • We’re not responsible for mistakes in your content. The Level Market will not be liable for any errors or omissions in any content.

10. The Level Market’s Intellectual Property

The Level Market’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.

The Level Market grants you a license to reproduce content from the Services for personal use only. This license covers both The Level Market’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from The Level Market or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.


11. How We Deal with Copyright Issues

The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. The Level Market complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)


12. Deleting Your Account

You can terminate your account at any time. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. (For instance, if you’ve launched a campaign, deleting your account will not remove the campaign from the Site.)


13. Our Rights

The Level Market reserves these rights:

  • We can make changes to The Level Market Site and Level Giving Services without notice or liability.
  • We have the right to decide who’s eligible to use The Level Market and Level Giving. We can cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use The Level Market in that jurisdiction. We have the right to cancel any donation to any campaign, at any time and for any reason.
  • We have the right to reject, cancel, interrupt, remove, or suspend any campaign at any time and for any reason.

The Level Market is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.


14. Warranty Disclaimer

You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.

THE LEVEL MARKET SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM THE LEVEL MARKET SHALL CREATE ANY WARRANTY.


15. Indemnification

If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of The Level Market. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.


16. Limitation of Liability

To the fullest extent permitted by law, in no event will The Level Market, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall The Level Market’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).


17. Dispute Resolution and Governing Law

We at The Level Market encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of New York and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that The Level Market and its Services are deemed a passive website that does not give rise to jurisdiction over The Level Market or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of New York. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of The Level Market, shall be filed only in the state or federal courts located in Denver in the State of Colorado and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.


18. The Rest

These Terms and the other material referenced in them are the entire agreement between you and The Level Market with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and The Level Market with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or The Level Market to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.

These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get The Level Market’s prior written consent. The Level Market has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. The Level Market will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.


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