USE OF THE SERVICES & TRANSACTION FEES

a.        Useof the Services & Term.  As set forth above, access to the Servicesand your Account require registration.  Theterm of this Agreement shall commence upon your creation of an Account andshall continue until terminated by either party as permitted herein (the “Term”).
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 b.       TransactionFees.  By signing up for the Services, you agree topay us the transaction fees as set forth in your Account settings or asotherwise agreed in writing (“Transaction Fees”) as and when due.  If your NGO exceeds the quantity of Servicesordered (e.g., number of transactions), then you must purchase and pay fees forthe excess quantity.  Transaction Fees will be charged on the 1stof every month until cancelled.
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c.         Taxes.  TransactionFees do not include any local, state, federal or foreign taxes, levies or duties of any nature, including value-added, sales use or withholding taxes (“Taxes”).  NGOs are responsible for paying all Taxes, excluding only taxes based on DonorTap’s net income.  If DonorTap has the legal obligation to pay or collect Taxes for which your NGO is responsible under this Section, the appropriate amount shall be invoiced to and paid by you unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority.
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d.          Modificationto the Services.  As stated in this Agreement, we have theright to change, delete, discontinue or impose conditions on the Services.  We also reserve the right to change our TransactionFees upon thirty (30) days’ advance notice. Your continued use of the Services after notice of any such changes willconstitute your agreement to such changes.

MAKING PAYMENTS

Our Services allow you to initiatepayments from donors to your bank account with a third-party financial servicesprovider.  The payment and distributionof the funds is done solely by the financial services provider and we do nothandle the funds.  We are not a bank andwe do not offer banking services as defined by the United States Department ofTreasury or other applicable laws; we collect, analyze and relay informationgenerated in connection with these payments.  
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For these transactions,you will initiate and authorize a third-party financial services provider to makeelectronic transfers from donors payment cards to your bank account in theamount you authorize.
 

Your full use of ourServices is contingent on your maintenance of a valid account in good standingwith your financial institution and we will not provide refunds or credits ifyou are unable to initiate payments from our Services due to your bank accountbeing frozen, closed, or otherwise limited by your financial institution.

LIMITED LICENSE

a.        License of Services .  Subject to your compliance with this Agreement, we grant you a limited revocable, non-exclusive, non-transferable, non sub-licensable right to access and use the Services, solely in accordance with this Agreement and during the Term of this Agreement.  Other than as specifically provided herein, you may not copy, reproduce, modify, alter, decompile, disassemble, reverse-engineer, create Derivative Works based on the Services, publicly display, republish, upload, post, transmit, resell or distribute in any way theServices, or material or information from DonorTap contained therein.  “DerivativeWorks” means a derivative work as defined under applicable intellectual property law.  You are responsible for the acts and omissions of any employees, contractors, or permittees using your Account on your NGO’s behalf.
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b.        User Content License to DonorTap.  You hereby grant us a worldwide, non-exclusive, royalty-free, non sub-licensable and non-transferable license to use, reproduce, distribute, display and perform your service marks, trademarks and trade names, brands, logos, merchandise, photos, advertisements, and other material used in connection with our Services (“User Content”), in order to provide and promote the Services and DonorTap’s business.  You agree that you will not upload or provide any User Content unless you have created that content yourself or you have permission from the content owner to do so. You retain all rights in your User Content, subject to the rights granted to DonorTap in this Agreement. You may modify or remove your User Content via your DonorTap NGO Account or by terminating your DonorTap NGO Account, but your User Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.
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c.          Feedback. You understand that we may monitor your use of Services for the purposes of evaluating your interaction with certain features and functions so that enhancements can be made. In addition, you hereby assign to us any ideas or recommendations(whether or not patentable) that are observed, conceived, learned, or reduced to practice, but only to the extent that such invention, idea, or know-how relates to the use and operation of Services. By submitting any Feedback to us, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place DonorTap under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose theFeedback on a non-confidential basis or otherwise to anyone.  You further acknowledge that, by acceptance of your submission, DonorTap does not waive any rights to use similar or related ideas previously known to DonorTap, or developed by its employees, or obtained from sources other than you.

CODE OF CONDUCT AND RESTRICTIONS

a.      Restrictions.  You agree not to do any of the following (as applicable) relating to the User Content or our Services:

b.       No Obligation to Monitor User Content.  Although DonorTap has no obligation to screen, edit, or monitor any User Content, DonorTap reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice.  You understand that by using the Services, you may be exposed to User Content that is offensive, indecent, or objectionable.  We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your UserContent.
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c.      Unauthorized or Illegal Use.  We may decide not to process a transaction if we believe that the transaction is in violation of these Terms or any other DonorTap agreement, or if we believe the transaction exposes you, other DonorTap users, our partners, DonorTap, or your financial institution to harm.  Harm includes fraud and other criminal acts.  If we reasonably suspect that an Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Account, and any of your transactions with law enforcement or your financial institution.
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d.      Payment Reviews.  We may review account and transaction activity at various times, including when card donations are initiated, in order to identify suspicious or illegal activity, and whether your Account activity complies with this Agreement.  In connection with our review process, you maybe required to provide us with additional information and/or documentation to verify your identity and the legality of your Account activity.  We may limit your Account until verification is completed.
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e.       Export Restrictions.  You may not export the Services directly or indirectly, and you acknowledge that the Services may be subject to export restrictions imposed byUS law, including US Export Administration Regulations (15 C.F.R. Chapter VII).

DONORTAP’S INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS

a.        Intellectual Property Rights. Intellectual Property Rights means any and all right, title and interest, arising or existing as of the time and day you access and use Services, or at any time thereafter, anywhere in the world, including, but not limited to, all patent, patent registration, copyright, trademark, trade name, service mark, service name, trade secret or other proprietary right arising or enforceable under any United States federal or state law, rule or regulation, non-United States law, rule or regulation or international treaty in any technology, system, invention, discovery, know how process, method, information, medium or content, including, but not limited to, text, print, pictures, photographs, video, marks, logos, designs, drawings, artistic and graphical works, music, speech, computer software and documentation, any other works of authorship and any form, method or manner of expression or communication now known or hereinafter becoming known.
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b.         Proprietary Rights.  The Services are licensed and not sold.  All IntellectualProperty Rights in Services shall remain our property and DonorTap reserves all rights not expressly granted to you in this Agreement.  All logos, trademarks, buttons, icons, images, text, graphics used in connection with Services (the “DonorTap Content”) is protected under U.S. copyright laws, international treaties, and are exclusively owned and/or controlled by us.  UNAUTHORIZED USE, COPYING, REPRODUCTION,MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING,DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF THE DONORTAP CONTENT IS PROHIBITED.
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THIRD PARTY APPLICATIONS & LINKS

      You may be offered services, products and applications provided by third parties and not by DonorTap (“ThirdParty Services”).  If you decide to use these Third Party Services you will be responsible for reviewing and understanding their terms and conditions.  You agree that DonorTap is not responsible for the performance of these Third Party Services, even if they are designated as“approved” or “recommended” or the like.  DonorTap is not responsible for any aspect of such ThirdParty Services that you may procure or connect to through the Services or any interoperation, descriptions, promises, or other information related to the foregoing.  If you install or enable Third Party Services for use with the Services, you agree that DonorTap may enable such third party providers to access your User Content for the interoperation of such Third Party Services with ourServices, and any exchange of data or other interaction between you and a third party provider is solely between you and such third party provider pursuant to a separate privacy policy or other terms governing your access to or use of theThird Party Services.  DonorTap shall not be responsible for any disclosure, modification or deletion of User Content resulting from any such access by Third Party Services or third party providers.  No procurement of such ThirdParty Services is required to use our Services.
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           The Services may contain links to third party websites as a convenience to you.  The inclusion of any link does not imply an approval, endorsement, or recommendation by DonorTap.  You agree that you access any such website at your own risk, and that the site is not governed by the terms and conditions contained in this Agreement.  DonorTap expressly disclaims any liability for these websites.  Please remember that when you use a link to go from our Services to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on Services, is subject to that website’s own rules and policies.

PRIVACY

       DonorTap’s collection, use, and disclosure ofPersonal Information is set forth in our Privacy Policy (the “Privacy Policy”), which is a part of this Agreement.  NGOs must process allPersonal Information through our Services in accordance with applicable laws.

TRANSMISSION OF DATA

     You understand that the technical processing and transmission of electronic communications is fundamentally necessary to use of the Services.  You are responsible for securing DSL, cable or another high speed Internet connection and up-to-date “browser”software in order to utilize the Services.  You expressly consent to DonorTap’s interception and storage of electronic communications as needed to provide the Services hereunder, and you acknowledge and understand that your electronic communications will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by DonorTap.  You further acknowledge and understand that electronic communications may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone or other electronic means.  DonorTap is not responsible for any electronic communications which are delayed, lost, altered, intercepted or stored during the transmission of any data whatsoever across networks not owned and/or operated by DonorTap, including, but not limited to, the Internet and your local network.

TERMINATION

a.           Termination by Users. In general, you may cancel your Account at any time from your Account settings.  If you cancel your Account, you will not been titled to a refund or credit for any Transaction Fees already due or paid.  The cancellation, termination or suspension of this Agreement or access to the Services shall not affect your liability or obligations under this Agreement.  Late payments will accrue interest at the rate of 1.5% per month until paid in full.  If payments are not received within thirty days after invoice, we shall have the option to suspend yourAccount and use of the Services.  In certain cases, you may not close your Account, such as to evade an investigation, if you have a pending transaction or an open dispute or claim, or if you owe amounts to DonorTap.
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b.           Suspension or Termination by DonorTap.  We may suspend the Services and access to your Account if we reasonably believe you (a) have violated the terms of thisAgreement, any other agreement you have with DonorTap, DonorTap’s policies, or the law, (b) pose an unacceptable credit or fraud risk to us, or (c) have provided any false, incomplete, inaccurate, or misleading information or have other wise engaged in fraudulent or illegal conduct.
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c.          Effect of Termination.
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REPRESENTATIONS AND WARRANTIES

Users represent and warrant to us that:  (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use theServices and have the right, power, and ability to enter into and perform under this Agreement as an individual and on behalf of your NGO; (c) the individual name identified by you when you registered is your name; (d) the NGO entity name identified by you when you registered is accurate and you have the right to use such name to create an Account; (e) you and all payments and other transactions initiated by you will comply with all international and U.S. federal, state, and local laws, rules, and regulations applicable to you and/or your business, including any applicable tax, anti-bribery, anti-corruption, anti-money laundering and anti-fraud laws and regulations; (f) you will not use theServices, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and (g) your use of the Services will be in compliance with this Agreement.

DISCLAIMER OF WARRANTIES

TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU UNDERSTAND AND AGREE THAT SERVICES ARE PROVIDED ON AN “ASIS” AND “AS AVAILABLE” BASIS AND WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIMEOR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  USE OF THE SERVICES IS AT YOUR OWN RISK.  NEITHER WE NOR OUR RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS ABOUT THE AVAILABILITY OF THE SERVICES OR CONTENT YOU OR OTHER USERS SUBMIT.  DONORTAP, OUR PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES,AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE CONTENT IS ACCURATE,RELIABLE OR CORRECT.  WE DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND,WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NGO ABILITY, FITNESS FOR A PARTICULAR PURPOSE ANDNON-INFRINGEMENT.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DONORTAP OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

INDEMNITY

You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) (collectively, “Losses”) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our policies; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or DonorTap’s Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; and (e) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE OR OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, CONTENT OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
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     UNDER NO CIRCUMSTANCES WILL DONORTAP BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING,OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES, YOUR DONORTAP ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
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    IN NO EVENT SHALL DONORTAP, ITS PROCESSORS, AGENTS,SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES,OBLIGATIONS, DAMAGES, LOSSES OR COSTS EQUALLING THE LESSER OF (I) $500 OR (II)THE AMOUNT OF TRANSACTION FEES EARNED BY DONORTAP IN CONNECTION WITH NGO’S USEOF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

MODIFICATION

     PLEASE NOTE THAT THESE TERMS OF USE ARE SUBJECT TO CHANGE AT ANY TIME.  When changes are made we will update the "Last Revised" date at the top of these provisions.  If we make any material changes, and you have an Account, we may also send an e-mail to you at the last e-mail address you provided to us pursuant to these Terms of Use.  Any changes to these Terms of Use will be effective immediately and your continued use of Services constitutes your acceptance of such change(s).  However, any Dispute that arose before the modification shall be governed by theAgreement (including the binding individual arbitration clause) that was in place when the Dispute arose.
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ADDITIONAL PROVISIONS

a.          Beta Releases.  If you register for a “beta account” or other pre-release version of our Services (“BetaRelease”), you acknowledge and agree that the Beta Release may contain, in our sole discretion, more or fewer features or different licensing terms than a subsequent commercial release version of the Services.  You acknowledge and agree that any “beta account” will automatically convert to a commercial release version account upon the launch date of the Services to the public (“Public Launch Date”). If you do not desire to continue using the Services after the Public Launch Date, you may contact us to terminate yourAccount.  While we generally intend to distribute commercial release versions of the Services, we reserve the right not to release later commercial release versions of any Beta Release.  Without limiting any disclaimer of warranty or other limitation stated herein, you agree that any Beta Release is not considered by us to be suitable for commercial use, and that it may contain errors affecting its proper operation.  BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT USE OF A BETA RELEASE MAY EXHIBIT SPORADIC DISRUPTIONS THAT HAVE THE POTENTIAL TO DISRUPT YOUR USE OF THE SITE IN GENERAL AND ANY SERVICES THAT MAY BE OFFERED THROUGH THE SITE. WE SPECIFICALLY DISCLAIM ALL DAMAGES RESULTING FROM YOUR USE OF ANY BETA RELEASE.
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b.        Disclosures and Notices.  Upon acceptance of this Agreement, you confirm that you have read, understood, and accepted these Terms of Use. You agree that DonorTap can provide disclosures and notices required by law and other information about your Account to you electronically by posting it on our website, or by emailing it to the email address listed in your Account.  You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within 24hours of the time posted to our website, or within 24 hours of the time emailed to you unless we receive notice that the email was not delivered.
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c.        International Use.  The Services are controlled and operated from facilities in the United States.  Except as expressly set forth in thisAgreement, on our Site, our official marketing materials, or those of our authorized resellers, DonorTap makes no representations that the Services are appropriate or available for use in other locations.  Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.  You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.  Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
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d.           Force Majeure.  Neither party will be liable for any failure in performance due to causes beyond either party’s reasonable control or actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of Services).
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e.          Integration.  Except as expressly provided in this Agreement, these terms are the final expression of the agreement and the entire agreement between you and DonorTap, and they describe the entire liability of DonorTap and its vendors and suppliers(including processors) and your exclusive remedy with respect to your access and use of the Services.  In the event of a conflict between this Agreement and any other DonorTap agreement or policy, this Agreement shall prevail on the subject matter of this Agreement.
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f.        No Waiver.  DonorTap’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.  No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
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g.        Severability.  If any provision of this Agreement is declared or found to be illegal, unenforceable or invalid, then, to the full extent permitted by law, (i) the provision found to be illegal, unenforceable or void shall be deemed amended and the court having jurisdiction shall be requested to reform such provision to the extent necessary to make it legal and enforceable while preserving the intents of the parties reflected therein; and (ii) such illegality, un-enforceability or invalidity will not affect or impair the remaining provisions, which shall continue in full force and effect.
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h.        Disputes.  If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction.  Accordingly, please contact us with any dispute.  If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual arbitration.  “Disputes” between you and DonorTap (“DonorTap”includes its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees)) are defined for the purposes of this Agreement to include any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and DonorTap including but not limited to any claims relating in any way to thisAgreement (including its breach, termination, or interpretation), any other aspect of our relationship, DonorTap advertising, and any use of DonorTap software or services.  “Disputes”also include any claims that arose before this Agreement and that may arise after termination of this Agreement. Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.

i         Choice of Law and Venue.  The Agreement and any Dispute shall be governed by and construed in accordance with the laws of the State of Arkansas, U.S.A. and/or applicable federal law (including theFederal Arbitration Act) as applied to agreements entered into and to be performed entirely within California without regard to its conflict of law rules.  The United Nations Convention onContracts for the International Sale of Goods will not apply hereto.
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j.           Binding Individual Arbitration. You and DonorTap agree that all Disputes shall be resolved by arbitration administered by the ADR Services, Inc. in accordance with itsArbitration Rules and the parties hereby waive all rights to have a case decided by a jury.  The FederalArbitration Act, 9 U.S.C. §§ 1-16, fully applies.  All claims shall be heard by a single arbitrator who is a retired judge or justice.  The place of arbitration shall be Little Rock,Arkansas except that if your residence is outside of the United States, the arbitration hearing will take place either in Little Rock, Arkansas or by phone or videoconference, at your option and as permitted by the ADR Arbitration Rules.  For any Dispute, DonorTap will pay all the arbitration fees.  The arbitrator may award the prevailing Party in the arbitration its reasonable and necessary attorneys’ fees and expenses.  The arbitrator’s award shall be binding on the parties and judgment on the arbitrator’s award may be entered by any state or federal court in Little Rock,Arkansas.  THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER NGOS OR INDIVIDUAL USERS.  Notwithstanding the above, the Parties agree that this subsection shall not preclude (i) either Party from applying for any preliminary or emergency injunctive relief available under applicable laws for any purpose; or (ii) Users from pursuing their claims in their local small-claims court or disputes tribunal rather than through arbitration.  Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims or disputes tribunal actions) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the County of Pulaksi, Arkansas, or federal court for the Eastern District of Arkansas.
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k.          Opt-out of Agreement to Arbitrate.  If you are a new User, you can choose to reject the agreement to arbitrate by mailing us a written opt-out notice.  The opt-out notice must be postmarked no later than 30 days after the date you accept this user agreement for the first time.  You must mail the opt-out notice to us at our address below.  The opt-out notice must contain your name, address (including street address, city, state, and zip-code), and email address associated with your Account to which the opt-out applies and an unaltered digital image of a valid driver’s license or other identification card which matches the name on your Account.  This procedure is the only way you can opt out of the agreement to arbitrate.  If you opt out of the agreement to arbitrate, all other parts of these Terms and itsDisputes section will continue to apply to you.  Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
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l.          No Class Actions.  YOU AND DONORTAP AGREE THAT WE MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY ANDNOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL ACTION. Further, unless we both agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.  The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.  If this specific provision is found to be unenforceable, then (i) the entirety of this arbitration provision shall be null and void, but the remaining provisions of thisAgreement shall remain in full force and effect; and (ii) exclusive jurisdiction and venue for any claims (other than small claims or disputes tribunal actions) will be in state or federal courts in Little Rock, Arkansas.
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m.        No Assignment.  You may not assign this Agreement or any rights or obligations hereunder, in whole or in part, whether voluntary, by operation of contract, law or otherwise, without our prior written consent.  Any attempted assignment or transfer in violation of the foregoing will be null and void.

CONTACT INFORMATION

GlobalAid Technologies Inc.,
417 MAIN ST
LITTLEROCK, AR 72201
legal@donortap.co