Terms and conditions

This is version 1 of our terms and conditions.  We will be revising them in consultation with the community, so if you see something you don't like, don't get upset, instead let us know.

You can find our contact details at www.tpo.com/help.

Please read and accept the terms and conditions relevant to your country.

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United States

Terms & Conditions

Welcome to our community and charitable giving Website. On this site, you can donate to Charities, follow your favorite causes, and communicate with others that share your charitable interests. By using this Website, you are agreeing to be bound by the Terms of Use ("Terms") described below. Please read them carefully.

The TPO family of companies is dedicated to supporting charitable causes. The TPO Charitable Foundation ("Foundation"), an independently run charitable organization, intends to receive and distribute in the form of grants donations you make on this Website to the Charities you have recommended. The Foundation is applying for tax exempt status under Section 501(c)(3) of the Internal Revenue Code.

By creating an account, using this Website to make donations, posting comments, following causes, or just generally browsing, you are making the following representations to us:

  • You have read, understand and agree to bound by these Terms;
  • You are at least 18 years old, (or if between 13 and 18, you are using this Website under the supervision of your Parents or Legal Guardian);
  • You have the authority to enter into these Terms, which are a contract between us, either for yourself or for a company if you have used a company name to create an account;
  • If you have registered with us, you have not previously been restricted from accessing this Website; and
  • You are not using someone else’s name or account without their permission.

The term "You" means the person who is using this Website.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE.

YOU AGREE TO RESOLVE ANY DISPUTES WITH US USING INDIVIDUAL ARBITRATION RATHER THAN JURY TRIALS OR CLASS ACTIONS LAWSUITS. WE ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

WE VALUE AND RESPECT YOUR PRIVACY AND WE WILL NEVER SELL OR MAKE AVAILBLE YOUR PERSONAL INFORMATION FOR COMMERCIAL PURPOSES WITHOUT YOUR EXPRESS CONSENT. WE MAY SHARE YOUR NAME, EMAIL ADDRESS AND THE AMOUNT OF YOUR DONATION TO THE CHARITY YOU HAVE RECOMMENDED. IF YOU DO NOT WANT US TO SHARE THIS INFORMATION AMONG OUR SITES OR WITH CHARITIES PLEASE CONTACT US. SEE OUR COMMUNITY HELP FAQS FOR OUR CONTACT INFORMATION. ALSO, PLEASE READ OUR PRIVACY POLICY FOR MORE INFORMATION.

BY ACCEPTING THESE TERMS YOU AGREE THAT WE MAY USE YOUR NAME, EMAIL ADDRESS AND PASSWORD TO AUTOMATICALLY LOG YOU ONTO AND REGISTER YOU ON THE PEOPLE’S OPERATOR’S WIRELESS SITE AT store.tpo.com SHOULD YOU EVER VISIT THAT SITE. FOR MORE INFORMATON, PLEASE SEE THE PRIVACY POLICY.

If you have previously registered on the People’s Operator’s wireless site, we may use the name, email address and password from that site to automatically register you to this site.

We may at our sole discretion change, add, or delete portions of these Terms at any time on a going-forward basis. It is your responsibility to check these Terms for changes prior to use of the Website, and in any event your continued use of the Website following the posting of changes to these Terms constitutes your acceptance of any changes. We will notify you of any such material changes by posting notice of the changes on the Website, and/or, in our sole discretion, by email.

1. HOW OUR SERVICES WORK

1.1 The TPO Charitable Foundation. You can recommend Charities that you would like to support on this Website. We have entered into agreements with certain Charities so that we can include their logos and certain other information on this Website. You can recommend any of these Charities. It is our intent to include Charities that are recognized by the United States Internal Revenue Service ("IRS") as tax exempt organizations described in Section 501(c)(3) of the Internal Revenue Code and other charitable causes.

Once you have recommended a Charity, you may make a donation to the TPO Charitable Foundation with the recommendation that a grant be made in the amount of your donation to the Charity you have identified. We reserve the right to set the minimum and maximum amounts you can donate.

Your donation will initially be made to the Foundation. The Foundation will then make a grant to the Charity you have recommended, less credit card processing fees and other required costs. Currently our fees are 2.9% plus 30 cents for each donation. Apart from these costs, we do not keep anything for ourselves. The Foundation sends donations to the Charities within 90 days of the end of each calendar quarter.

The Foundation will file the annual Form 990 with the IRS and will have its financial statements audited annually by an independent certified public accountant. IRS Form 990 will be available through the IRS and both it and the audited financial statement will also be made available upon request. Please see our Community Help FAQs for contact information.

The Foundation makes every reasonable effort to respect your selection of Charities to support, although all directives are legally considered to be "recommendations" of the donor and the Foundation’s board of directors is required to approve all grants issued by Charity. In order to prevent fraudulent or ineligible Charities from receiving donations, Foundation has exclusive legal control over contributions and ultimately has discretion over whether the distribution will be made to Charity in accordance with the donor’s directive. Foundation intends to follow a donor’s directive unless Charity is rejected by Foundation, in which case Foundation will remove Charity from its website and may use the contributions to further its own charitable purposes or distribute the funds directly to another charitable organization that meets the aforementioned criteria, provided that we will attempt to notify you and work with you to identify that alternative, recommended Charity prior to making such alternate grant of funds.

We merely provide a platform for making charitable donations. We are not in the business of soliciting donations for any Charities. The Website contains pages featuring Charities to receive grants from the Foundation, but the existence of these pages on the Website, or the ability to locate Charities through the Website’s search functions, does not constitute a solicitation of donations. All contributions made via the Website platform are charitable contributions to the Foundation.

Our Website may contain links to Charity websites or other third party websites. When you go to those sites your use will be governed by the terms and conditions and policies of the owners of those websites, over which we have no control.

We may also link to other affiliated websites, including the website of The People’s Operator USA, LLC, which offers wireless services. Those websites are also governed by their own terms and conditions and policies and you agree that you will read and be bound by those terms and conditions and policies when you use those sites.

1.2 Donations. Donations made through the Website are complete and final charitable gifts to the Foundation and are not refundable. All donations are at your own risk. Please make sure that when you recommend a Charity to receive a donation, you understand how your money will be used by that Charity. When recommending Charities, select those that you feel comfortable receiving a donation or that you know and trust. We do not warrant that the Charity will use funds for any particular purpose and is not responsible for any misuse of the funds by the Charity. Additionally, by donating money through this Website, you represent and warrant that any donation you make is legal in your jurisdiction and that you are authorized to use the payment method you have selected. You agree and acknowledge that: (i) all donations to the Foundation and grants distributed to Charities you recommend are made as unrestricted gifts and may not be specified for any particular purpose; (ii) designated donation and registration amounts and processing fees will be charged to the credit or debit card or other payment method accepted by us; (iii) all donations are final and non-refundable; and (iv) event registration fees are subject to the any applicable refund policy.

While contributions made to Foundation should generally be tax-deductible as charitable contributions, the Foundation makes no representation as to whether all or any portion of your donations, including our processing fees, are tax deductible. We will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any donation by you, any user of this Website or any Charity. You should consult your tax advisor as to the amount of your donation that is tax deductible, particularly if you are awarded a gift or prize in connection with your donation.

The Foundation is applying for tax exempt status with the IRS. Once tax exempt status has been recognized, donations will be tax deductible, even if made before the Foundation is recognized by the IRS as an organization described in Section 501(c)(3) of the Internal Revenue Code. However, the Foundation cannot guarantee that the IRS will grant it tax exempt status. As noted above, you should consult your tax advisor as to the amount of your donation that is tax deductible.

2. COPYRIGHTS AND LICENSING MATTERS

2.1 Giving Platform. This Website, and the Software we use in providing these services, and the information and content available on the Website (collectively the "Giving Platform") are protected by copyright laws. Subject to the Terms, we grant you a limited license to reproduce portions of the Giving Platform for the solely for your personal or internal business purposes. Unless otherwise specified by us in a separate license, your right to use the Giving Platform is subject to the Terms.

2.2 Software. Use of any software and associated documentation that is made available via the Website or otherwise used to enable you to make donations through this Website ("Software") is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Website page(s) accompanying the Software. These license terms may be posted with the software downloads or at the Website page where the Software can be accessed.

You shall not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. At no time will we provide you with any tangible copy of our software.

We shall deliver access to the Software via electronic transfer or download and shall not use or deliver any tangible media in connection with the (a) delivery, installation, updating or problem resolution of any Software (including any new releases); or (b) delivery, correction or updating of documentation. For the purposes of this section tangible media shall include, but not be limited to, any tape disk, compact disk, card, flash drive, or any other comparable physical medium.

Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, or redistribution or use on a service bureau basis. If there is any conflict between the Terms and the license agreement, the license agreement shall take precedence in relation to that Software (except as provided in the following sentence). If the Software is a pre-release version, then, notwithstanding anything to the contrary included within an accompanying license agreement, you are not permitted to use or otherwise rely on the Software for any commercial or production purposes. If no license agreement accompanies use of the Software, use of the Software will be governed by the Terms.

Subject to your compliance with the Terms, we grant you a non-assignable, non-transferable, non-sublicensable, revocable non-exclusive license to use the Software for the sole purpose of enabling you to use the Website in the manner permitted by the Terms. Some Software may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

2.3 Updates. You understand that the Giving Platform is evolving. You acknowledge and agree that we may update the Giving Platform with or without notifying you. You may need to update third-party software from time to time in order to use the Giving Platform.

3. IMPORTANT RESTRICTIONS ON YOUR USE

3.1 Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Giving Platform or any portion of the Giving Platform, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Giving Platform mark, including images, text, page layout or form; (c) you shall not use any metatags or other "hidden text" using our name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Giving Platform except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access the Giving Platform in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Giving Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Giving Platform. Any future release, update or other addition to the Giving Platform shall be subject to the Terms. We, our suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Giving Platform terminates the licenses granted by us pursuant to the Terms.

3.2 Third-Party Materials. As a part of the Giving Platform, you may have access to materials that are hosted by another party. You agree that it is impossible for us to monitor such materials and that you access these materials at your own risk.

3.3 Location-based Information. When you use our services on a mobile device, we may also collect location information from the GPS functionality on your device. You hereby authorize us and our services to take such actions and access such data. You can grant or revoke your consent at any time and prevent us from continuing to access your GPS information by changing the settings on your device. You hereby authorize us to access such components of your mobile device

4. SETTING UP YOUR ACCOUNT AND REGISTERING TO DONATE

4.1 Registering Your Account. In order to access certain features of the Giving Platform you may be required to become a Registered User. For purposes of the Terms, a "Registered User" is a User who has registered an account on the Website ("Account"),or has a valid account on the social networking service ("SNS") through which the User has connected to the Services (each such account, a "Third-Party Account").

4.2 Access Through an SNS. If you access our services through a SNS as part of the functionality of the Website and the services or otherwise connect your Third-Party Account to our services, you may link your Account with Third-Party Accounts, by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers. By granting us access to any Third-Party Accounts, you understand that we may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Giving Platform ("Content") that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Giving Platform via your Account. Unless otherwise specified in the Terms, all SNS Content shall be considered to be Your Content (as defined in Section 5.1) for all purposes of the Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Giving Platform. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Giving Platform. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the "Settings" section of the Website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and we are not responsible for any SNS Content.

4.3 Registration Data. When you register on the Website, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by Website’s registration process (the "Registration Data"); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Giving Platform by minors.

You may not share your Account or password with anyone, and you agree to (1) notify us immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Giving Platform (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per Website at any given time. We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.

You agree not to create an Account or use the Giving Platform if you have been previously removed by us, or if you have been previously banned from any of the Giving Platform.

5. RESPONSIBILITY FOR YOUR CONTENT

5.1 Types of Content. You are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available ("Make Available") through the Giving Platform ("Your Content"). Similarly other Users of the Giving Platform, and not us, are responsible for all Content they Make Available through the Giving Platform ("User Content").

5.2 No Obligation to Pre-Screen Content. We have no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although we reserve the right in our sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that we pre-screen, refuse or remove any Content, you acknowledge that we will do so for our benefit, not yours. Without limiting the foregoing, we shall have the right to remove any Content that violates the Terms or is otherwise objectionable.

5.3 Storage. We have no obligation to store any of Your Content and we have no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Giving Platform.

We retain the right to create reasonable limits on our use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the services and as otherwise determined by us in our sole discretion.

6. SETTING UP YOUR ACCOUNT AND REGISTERING TO DONATE

6.1 Giving Platform. Except with respect to Your Content and User Content, you agree that we and our service providers and suppliers own all rights, title and interest in the Giving Platform. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, our services, or the Giving Platform.

6.2 Trademarks. Our logo and other related graphics, logos, service marks and trade names used on or in connection with the Giving Platform or in connection with our services may not be used without our permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Giving Platform are the property of their respective owners.

6.3 Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Giving Platform.

6.4 Your Content. We do not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in the Giving Platform, you represent and warrant that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.

6.5 License to Your Content. Subject to any applicable account settings that you select, you grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any "public" area of the Giving Platform. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Foundation, are responsible for all of Your Content that you Make Available on or in the Giving Platform.

6.6 Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on the Giving Platform, you hereby expressly permit us to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.

6.7 Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Foundation.

6.8 Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.

6.9 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to us through our suggestion, feedback, wiki, forum or similar pages ("Feedback") is at your own risk and that we have no obligation (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Foundation a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Giving Platform.

7. USER CONDUCT.

7.1 Commercial Activities. You agree that you will not, under any circumstances (except to the extent expressly authorized by the Terms):

(a) Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Giving Platform (including your Account), or access to or use of the Giving Platform;

(b) Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

(c) Use the Giving Platform or any part thereof for any commercial purpose, including, but not limited to communicating or facilitating any commercial advertisement or solicitation;

(d) Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise); or

(e) Market any goods or services for any business purposes.

7.2 Unauthorized Use or Access. You agree that you will not, under any circumstances:

(a) Interfere or attempt to interfere with the proper functioning of the Giving Platform or connect to or use the Giving Platform in any way not expressly permitted by the Terms;

(b) Systematically retrieve data or other content from our Giving Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;

(c) Use, display, mirror or frame the Giving Platform, or any individual element within the Giving Platform, Foundation’s name, any trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;

(d) Use any unauthorized software that accesses, intercepts, "mines" or otherwise collects information from or through the Giving Platform or that is in transit from or to the Giving Platform, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the Giving Platform;

(e) Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or the Giving Platform, whether through the use of a network analyzer, packet sniffer or other device;

(f) Make any automated use of the Giving Platform, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on the infrastructure for the Giving Platform;

(g) Bypass any robot exclusion headers or other measures we take to restrict access to the Giving Platform, or use any software, technology or device to send content or messages, scrape, spider or crawl the Giving Platform, or harvest or manipulate data;

(h) Use, facilitate, create, or maintain any unauthorized connection to the Giving Platform, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Giving Platform; or (ii) any connection using programs, tools or software not expressly approved by us;

(i) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Giving Platform, or to obtain any information from the Giving Platform;

(j) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Giving Platform;

(k) Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(l) Solicit or attempt to solicit personal information from other Users of the Giving Platform;

(m) Use the Giving Platform to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

(n) Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use the Giving Platform to send altered, deceptive or false source-identifying information; or

(o) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").

7.3 General. In connection with your use of the Giving Platform, you shall not:

(a) Make Available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;

(b) Harm minors in any way;

(c) Impersonate any person or entity, including, but not limited to, Foundation personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d) Make available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);

(e) Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;

(f) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;

(g) Register for more than one Account or register for an Account on behalf of an individual other than yourself;

(h) Stalk or otherwise harass any other User of our Giving Platform; or

(i) Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.

INVESTIGATIONS

We may, but are not obligated to, monitor or review the Giving Platform and Content at any time. Without limiting the foregoing, we shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although we do not generally monitor user activity occurring in connection with the Giving Platform or Content, if we become aware of any possible violations by you of any provision of the Terms, We reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the Giving Platform, or change, alter or remove Your Content, in whole or in part, without prior notice to you.

INTERACTIONS WITH OTHER USERS

9.1 User Responsibility. You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Services; provided, however, that we reserve the right, but has no obligation, to intercede in such disputes. You agree that we will not be responsible for any liability incurred as the result of such interactions.

9.2 Content Provided by Other Users. The Giving Platform may contain User Content provided by other Users. We are not responsible for and do not control User Content. We have no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.

9.3 Verification. We do check the backgrounds of Charities, via independent third party services using federal tax identification numbers. However, we cannot guarantee that all Charities are and will be who they say they are. NEITHERWE NOR OUR AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY CHARITY FOR WHICH YOU MAY RECOMMEND DONATIONS UTILZING THE GIVING PLATFORM..

10. THIRD-PARTY SERVICES.

10.1 Third-Party Websites & Ads. The Giving Platform may contain links to third-party websites ("Third-Party Websites"), such as Charities, and advertisements for third parties (collectively, "Third-Party Websites & Ads"). When you click on a link to a Third-Party Website or Ad, we will not warn you that you have left the Giving Platform and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites are not under our control. We are not responsible for any Third-Party Websites & Ads. We provide these Third-Party Websites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites & Ads, or their products or services. You use all links in Third-Party Websites & Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

11. FEES

11.1 Payment. You agree to pay all Donations made through your Account at the time such donation is due and payable. You must provide us with valid credit card (Visa, MasterCard, or any other issuer accepted by us) ("Payment Provider"). Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. By providing us with your credit card number and associated payment information, you agree that Foundation is authorized to immediately invoice your Account for all fees and charges due and payable to Foundation hereunder and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the credit card or PayPal account used for payment hereunder.

11.2 Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: TPO Charitable Foundation, 915 Broadway, Suite 1306, New York, New York 10010.

12. INDEMNIFICATION

You agree to indemnify and hold the Foundation, its parents, subsidiaries and affiliates, and their officers, employees, agents, partners and licensors (collectively, the "Indemnified Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the Giving Platform; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. We reserve 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 us in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Giving Platform.

13. DISCLAIMER OF WARRANTIES

13.1 As is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE GIVING PLATFORM IS AT YOUR SOLE RISK, AND THE GIVING PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. INDEMNIFIED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(a) THE INDEMNIFIED PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE GIVING PLATFORM WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE GIVING PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE GIVING PLATFORM WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE GIVING PLATFORM WILL BE CORRECTED.

(b) ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE GIVING PLATFORM IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE GIVING PLATFORM, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

(c) THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. WE MAKE NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE GIVING PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

(e) From time to time, WE may offer new "beta" features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at OUR sole discretion. The provisions of this section apply with full force to such features or tools.

13.2 No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE INDEMNIFIED PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. WE MAKE NO WARRANTY THAT THE SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS.

13.3 No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE GIVING PLATFORM. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE GIVING PLATFORM. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE GIVING PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE GIVING PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE GIVING PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT CONDUCT BACKGROUND CHECKS ON ANY USER.

14. LIMITATION OF LIABILITY

14.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL INDEMNIFIED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE GIVING PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE GIVING PLATFORM, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE GIVING PLATFORM; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE GIVING PLATFORM; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE GIVING PLATFORM; OR (5) ANY OTHER MATTER RELATED TO THE GIVING PLATFORM, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

14.2 Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF THE AMOUNT OF YOUR CONTRIBUTION OR FIFTY DOLLARS ($50).

14.3 User Content. THE INDEMNIFIED PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

14.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE FOUNDATION AND YOU.

14.5 Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

15. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

It is our policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Giving Platform in a way that constitutes copyright infringement, please provide us with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Giving Platform of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows: TPO Charitable Foundation, 915 Broadway, Suite 1306, New York, New York 10010, Attn: Marisa Biehl.

16. TERM AND TERMINATION

16.1 Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Giving Platform, unless terminated earlier in accordance with the Terms.

16.2 Prior Use. Notwithstanding the foregoing, if you used the Giving Platform prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used the Giving Platform (whichever is earlier) and will remain in full force and effect while you use the Giving Platform, unless earlier terminated in accordance with the Terms.

16.3 Termination of Services by Us. We reserve the right to modify, suspend or terminate any services provided to you through the Giving Platform at any time for any reason. You agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your Account.

16.4 Termination of Services by You. If you want to terminate use of the Giving Platform, you may do so by (a) notifying us at any time and (b) closing your Account.. Your notice should be sent, in writing, to the Foundation at 915 Broadway, Suite 1306, New York, New York 10010.

16.5 Effect of Termination. Termination includes the immediate, automatic deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. You understand that any termination may involve deletion of Your Content associated therewith from our live databases. We will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination , including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

17. REMEDIES

17.1 Violations. If we become aware of any possible violations by you of the Terms, we reserve the right to investigate such violations. If, as a result of the investigation, we believe that criminal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Giving Platform, including Your Content, in our possession in connection with your use of the Giving Platform, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect our rights, property or personal safety of our users or the public, and all enforcement or other government officials, as we in our sole discretion believes to be necessary or appropriate.

17.2 Breach. In the event that we determine, in our sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the Giving Platform, we reserve the right to:

(a) Warn you via e-mail (to any e-mail address you have provided to us) that you have violated the Terms;

(b) Delete any of Your Content provided by you or your agent(s) to the Giving Platform;

(c) Discontinue your registration(s) with the Giving Platform;

(d) Discontinue your subscription to any services;

(e) Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or

(f) Pursue any other action which we deem to be appropriate.

17.3 No Subsequent Registration. If your registration(s) with or ability to access the Giving Platform, or any other affiliated community is discontinued by us due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Giving Platform or any affiliated community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Giving Platform to which your access has been terminated. In the event that you violate the immediately preceding sentence, we reserve the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

18. INTERNATIONAL USERS

The Giving Platform can be accessed from countries around the world and may contain references to Content that are not available in your country. These references do not imply that we intend to announce such Content in your country. We make no representations that the Giving Platform is appropriate or available for use in other locations or jurisdictions outside of the United States. Those who access or use the Giving Platform from other jurisdictions do so at their own volition and are responsible for compliance with local law.

19. GENERAL PROVISIONS

19.1 Electronic Communications. The communications between you and us use electronic means, whether you visit the Giving Platform or send us e-mails, or whether we post notices on the Giving Platform or communicate with you via e-mail. For contractual purposes, you (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

19.2 Release. You hereby release us and our successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Giving Platform, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Giving Platform. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

19.3 Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

19.4 Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

19.5 Compliance. If you believe that we have not adhered to the Terms, please contact us. Please refer to our Community Help FAQs for contact information. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

19.6 Limitations Period. YOU AND FOUNDATION AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE GIVING PLATFORM OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

19.7 Dispute Resolution.

Please read this Arbitration Agreement carefully. It is part of your contract with us and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by us that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and to us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to us should be sent to: TPO Charitable Foundation, 915 Broadway, Suite 1306, New York, New York 10010 After the Notice is received, you and us may attempt to resolve the claim or dispute informally. If you and us do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules ("Arbitration Rules") governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that we made to you prior to the initiation of arbitration, we will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits. If you or we pursue arbitration, the arbitration action must be initiated and/or demanded within the time set forth in Section 19.6. and within any shorter deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and us, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND FOUNDATION WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.

Small Claims Court. Notwithstanding the foregoing, either you or us may bring an individual action in small claims court.

Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within the state of New York, for such purpose.

19.8 Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

19.9 Choice of Language. It is the express wish of the parties that the Terms and all related documents have been drawn up in English. C’est law volone expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais.

19.10 Notice. Where we require that you provide an e-mail address, you are responsible for providing us with your most current e-mail address. In the event that the last e-mail address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to us at the following address: TPO Charitable Foundation, 915 Broadway, Suite 1306, New York, New York 10010. Such notice shall be deemed given when received by us by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

19.11 Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

19.12 Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

19.13 Export Control. You may not use, export, import, or transfer the Giving Platform except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Giving Platform, and any other applicable laws. In particular, but without limitation, the Giving Platform may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Giving Platform, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Giving Platform for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by us are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer our products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

19.14 Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

Updated July, 2015

Giving Platform Website Privacy Policy

Our Commitment to Privacy

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used.

The Information We Collect

There are a variety of ways in which we collect information about site visitors. The TPO Charitable Foundation (the "Foundation"), which is an independent, nonprofit entity is the initial recipient of all recommended donations made through this charitable giving website. The Foundation has applied for tax exempt status under Section 501(c)(3) of the Internal Revenue Code.

For all site visitors, we may gather general site usage information, such as pages visited, duration on each page, frequency of visits, , the version of the operating system in use by the visitor, and the geographical location from which the request was initiated, among other analytical data that would help us improve our site performance and usability. We may use systems or tools to follow your use of our site, including using cookies, web beacons and other mechanisms, along with analysis of network and device information. For example, we may allow the collection by analytic service providers of site click-stream and cookie data to help us track aggregate and individual activity and use of the site. We sometimes use cookies to enable features on our sites, such as the ability to save a shopping cart or set preferences to an account.

Please see the Terms of Use for this website for information on how the charitable donations facilitated by this site work.

When you create an online account to recommend donations to charities through this website, we may collect and store personally identifiable information such as first and last name, address, email address, and credit card information. We will encrypt your password, but you are responsible for maintaining the confidentiality of your account login information. Unauthorized access resulting from a user’s neglect to protect their information is the sole responsibility of the user.

The Way We Use Information

We use non-identifying and aggregate information to better design our website and improve navigation of the website and content.

We will use your personal information for a variety of purposes, including but not limited to: (i) providing you with access to the site; (ii) process your recommended donations; (iii) protecting our rights and property and those of our third party providers and other site visitors; (iv) responding to legal processes and orders; and (v) customizing or personalizing your experience with our site. We never use or share the personally identifiable information provided to us on this site in ways unrelated to providing information regarding the service at your request.

How We Disclose Personal Information

We may share some or all of your personal information with the Foundation and we will require the Foundation to honor this Privacy Policy. We may also share your name and email address with charities that you recommend receive your donation.

Third Parties Designated by You

When you use the site, the personal information you provide may be shared with the third parties that you authorize to receive such information.

Social Networking Sites

Some of our services may enable you to post content to social networks (SNSs) (e.g., Facebook or Twitter). If you choose to do this, we will provide information to such SNSs in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such SNSs. We will not be responsible or liable for: (i) the availability or accuracy of such SNSs; (ii) the content, products or services on or availability of such SNSs; or (iii) your use of any such SNSs.

Other Disclosures

Regardless of any choices you make regarding your personal information (as described below), we may disclose personal information if we believe in good faith that such disclosure is necessary: (a) in connection with any legal investigation; (b) to comply with relevant laws or government requests (including from the Internal Revenue Service (IRS)) or to respond to subpoenas or warrants served on us; (c) to protect or defend our rights or property or other users of the services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our terms of use, including as part of credit fraud protection.

Aggregrate Information

We use the anonymous information we collect to analyze trends, administer and improve our services, gather demographic information about our user base as a whole, and better tailor our services to our users’ needs. We reserve the right to disclose anonymous information publicly without restriction.

Our Commitment to Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

Our Commitment to Children’s Privacy

We do not intentionally gather personal information from users who are under the age of 13. If we become aware that any child under 13 submits personal information to TPO, we will attempt to delete the information from our files.

Cookies

A cookie is a small piece of data sent from a website and stored on the user’s web browser while a user is browsing a website. Cookies are designed to allow you to save information so you don’t have to re-enter the information each time you visit our site. Cookies remember actions taken while on the site for future visits. Cookies remember users when any action takes place on our site. TPO may use cookies to identify return visitors. User has the option to turn off the "cookie" function through their browser.

Third Party Websites

Our site may contain links to third party websites. For example, we have entered into agreements with some charitable organizations to allow us link to their sites. When you click on a link to any other website or location, you will leave our site and go to another site and another entity may collect information from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on links to such outside websites. We encourage you to read the privacy policies of every website you visit.

Users Outside of the United States

If you are a non U.S. user of the site, by using our site, you acknowledge and agree that your personal information may be processed for the purposes identified in the Privacy Policy. In addition, your personal information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of personal information may be less stringent than the laws in your country. By providing your data, you consent to such transfer.

Legal Disclosure

We will not release any information about our visitors unless required by law to do so.

Governing Law

These privacy policies and any action related thereto will be governed and interpreted by and under the laws of the state of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these policies.

Changes to Privacy Policy

These privacy policies may be updated from time to time for any reason. You should consult these privacy policies regularly for any changes.

How to Contact Us

See our Community Help FAQs for our contact information.

Updated July, 2015

United Kingdom

COMMUNITY WEBSITE TERMS OF USE

Welcome to The People’s Operator community website ("Website"). On this Website, you can follow your favourite causes, communicate with others that share your charitable interests and donate to charities and other organisations. These Terms of Use ("Terms") apply to your use of the Website. By registering to use and continuing to use the Website, you agree to these Terms. Please read them carefully.

If you would like these Terms in large print please refer to our Contact FAQs at www.tpo.com/help for contact details.

The TPO family of companies is dedicated to supporting charitable and other causes. The People’s Operator Community Limited ("TPO Community") operates this Website. In these Terms we refer to TPO Community as "us", "we" or "our" and we refer to you as "you" and "your". If you choose to make a donation to a charity or other organisation via the Website, our affiliated company TPO Giving (UK) Limited ("TPO Giving") will receive and process that donation on your behalf and these terms will apply between TPO Giving and you with respect to that donation.

If you are accessing The People’s Operator’s mobile services websites, or making purchases from those websites, separate terms and conditions will apply, which are accessible in the UK at www.thepeoplesoperator.com and in the US at store.tpo.com.

1. Your use of the Website

You promise:

  • that all information you supply to us is and will be correct and not misleading;
  • that you have not previously been restricted from accessing this Website;
  • that you are not using someone else’s name or account without their permission;
  • you are at least 18 years old, (or if between 13 and 18, you are using this Website under the supervision of your parents or legal guardian);
  • you have the authority to enter into these Terms, which are a contract between us, either for yourself or for a company if you have used a company name to create an account; and
  • that you will not use the Website or allow it to be used:
    • in any way which breaks the law or any regulatory requirements;
    • to knowingly receive, upload, download, use or re-use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights;
    • in any way which causes harm or distress to anyone, including breaching the legal rights of anyone else (such as copyright);
    • for any commercial purpose (including, but not limited to, advertising);
    • in any way that is fraudulent or could lead to fraud;
    • in any way that affects, or causes harm or damage to, the Website, the Software, our network or business, or the network, operations or business of any of our service providers; and/or
    • in any way that does not comply with any of our instructions (or the instructions of our suppliers) that have been provided to you.

When you use the Website on a mobile device we may collect information from the device’s GPS. If you would like to prevent this, you can change the settings of your device.

In order to access certain features of the Website, you will need to become a registered user and set up an account. You may also be able to access the TPO Community if you have a valid account with a social networking service ("SNS Account") through which you have connected to the Website. Please keep your password safe and notify us immediately if your account is used without your permission.

If you access the Website through a SNS Account, you may (provided it is permitted under your SNS Account terms) link your Website account with your SNS Account by allowing us to access your SNS Account and its content (such as information, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials ("SNS Content")) that you have stored in your SNS Account. You are responsible for ensuring that you are allowed to grant us such access to your SNS Account.

You acknowledge that we may access, store and make available your SNS Content so that it is available on and through the Website via your Website account.

Depending on the SNS Account you choose to use to access the Website and subject to the privacy settings that you have set in such SNS Account, personal information that you post to your SNS Account may be available on and through your Website account. Please note that if a SNS Account or associated service becomes unavailable or our access to such SNS Account is terminated by the third-party service provider, SNS Content will no longer be available on and through the Website.

We may use the name, email address and password you have used to register an account with this Website to automatically fill in registration details on the websites operated by other TPO companies, including The People’s Operator’s mobile services website should you ever visit any such website and wish to register with that website. For more information, please see our privacy policy below. If you have previously registered on The People’s Operator’s mobile services website, we may use the name, email address and password from that website to register your account on this Website.

2. Changes to these Terms

We may make changes to the Website or these Terms at any time. We will publish any changes to these Terms on our Website.

If we believe you will be caused significant disadvantage by any change, we will notify you of that change at least 14 days before it takes effect. We may do this by any means that we consider is reasonable. If we do not believe a particular change will disadvantage you, we may include that change without notifying you.

If we cannot publish the change at least 14 days before it takes effect (for example because the change is necessary for security of the network, because of regulatory change at short notice, because one of our suppliers makes changes to its service at short notice, or because any service provider increases its charges at short notice), we will publish the change as soon as we reasonably can.

You may stop using the Website at any time.

3. Your personal information

We and TPO Giving are data controllers and responsible for the collection and use of your personal information under the Data Protection Act 1998. We take your privacy very seriously and the personal information which you provide to us will be used in accordance with our Privacy Policy below.

To make it easier for you to use our websites, we may share your name and email address among these websites. We may also share your name and email address with your chosen charity. If you do not want us to share this information with charities

4. How our services work

This Website processes donations on behalf of certain charities and other organisations. We clearly indicate those charities and organisations where TPO Giving processes donations on their behalf. You may also find information with respect to other charities and organisations for whom this Website does not process donations.

When you make a donation through this Website, a transaction fee will be deducted from your donation in respect of the fees charged by our third party payment processor, more details of which are set out in section 7 (Fees) below.

5. About the charities and organisations featured on the Website

We provide a platform for making donations to charities and other organisations. However, we do not solicit donations for charities or other organisations. The Website contains pages featuring charities to whom you may wish to make a charitable donation, but the existence of these pages on the Website, or the ability to locate charities through the Website’s search functions, does not constitute a solicitation by us of donations on their behalf.

The charities and other organisations listed on the Website are listed in our discretion. We endeavor to have an agreement with every charity and other organisation to which donations can be made, authorising us to collect donations on their behalf. However, we do not vet any charity or organisation, we do not endorse any of their activities and we accept no responsibility for any of their actions.

Our Website may contain links to charity websites or other third party websites. When you go to those websites your use of them will be governed by the terms and conditions and policies of the owners of those websites, over which we have no control. We may also link to other affiliated websites, including The People’s Operator mobile telephony services website. Those websites are also governed by their own terms and conditions and policies and you agree that you will read and be bound by those terms and conditions and policies when you use those sites.

6. Making a donation

Donations made by you through the Website are made by you to the charity or other organisation listed on the Website and chosen by you. Your donation will be received and processed by TPO Giving.

Unless the law requires otherwise, all donations are made by you at your own risk and are not refundable without TPO Giving receiving the prior written consent of the relevant charity or other organisation. If the relevant charity or organisation agrees that TPO Giving should refund a donation to you, TPO Giving will only do so if TPO Giving has funds that it is holding on behalf of that charity or organisation out of which it is able to make the refund. In all other circumstances you will need to seek a refund directly from the charity.

Please make sure that when you make a donation to a particular charity or organisation, you understand how your money will be used by that charity or organisation. Neither we nor TPO Giving are (i) responsible for how a charity or organisation will use funds donated by you; (ii) are able to confirm or guarantee that the charity or organisation will use funds donated by you for any particular purpose (even if it has indicated that it is raising funds for a particular purpose); and (iii) are responsible for any misuse of the funds by the charity or organisation.

By donating money through the Website, you promise that any donation you make is legal in your home country and that you are authorised to use the payment method you have selected. You agree and acknowledge that: (i) all donations to charities and other organisations are made as unrestricted gifts and may not be specified for any particular purpose; (ii) designated donation amounts will be charged to the credit or debit card or other payment method accepted by us; (iii) (save as noted above) all donations are final and non-refundable; and (iv) event registration fees are subject to any applicable refund policy for that event.

If you are a higher rate or additional rate tax payer in the UK, you may be able to claim tax relief on the difference between the higher or additional rate tax and basic rate tax on the grossed up amount of any donation made by you to a registered charity. However, we make no representation as to whether any such relief will be available. You should consult your own tax advisor if you intend to make any such claim.

7. Fees

A transaction fee of up to 20p + 2.9%% of the gross amount of the donation made by you (plus VAT) will be charged by our third party payments processing provider and this amount will be deducted from your donation. The balance of your donation after this deduction will be sent to your chosen charity or other organisation in full. The gross amount of your donation will include any Gift Aid recovered by us in respect of your donation on behalf of the relevant charity. Neither we nor TPO Giving make any charge to you or any charity in connection with the Website or any donations made via the website.

8. Gift Aid and tax

Charities must be registered with the UK Charity Commission or be exempt from registration for us to be able to reclaim Gift Aid on their behalf.

If you donate to a registered (or exempt) charity through the Website and confirm that you are a UK taxpayer in accordance with the UK Government’s Gift Aid scheme requirements published from time to time, we will seek to reclaim Gift Aid on your donation on behalf of the relevant charity under the UK Government's Gift Aid scheme.

Every registered (or exempt) charity to whom you can make a donation through this Website has authorised us to reclaim Gift Aid on its behalf.

If we are accepting donations through the Website for organisations which are not eligible for Gift Aid we will indicate that to be the case.

9. Intellectual Property Rights

The Website and any software that we use to enable you to make a donation to a charity or other organisation ("Software") are subject to copyright and other intellectual property laws. We grant to you a personal, non-assignable, non-transferable, revocable, non-exclusive licence to use the Website and Software for the sole purpose of enabling you to donate to charities, follow your favourite causes, and communicate with others via the Website that share your charitable interests as permitted by these Terms.

We may update the Website and/or Software at any time. You may need to update third party software used to operate the device from which you access the Website and/or use the Software from time to time in order to use the Website and Software.

The Website allows you to share content you have created and to view content created by other people. Using the Website does not give you any rights in the Website or the content of any other Website user. You should not use any content from the Website that belongs to us (including, without limitation, our name and logo) or any third party (including, without limitation, any charity or other organisation) without permission or as permitted by law.

We do not pre-screen any content uploaded by users of the Website although we may do so at any time and reserve the right to refuse or remove content at our sole discretion.

We may from time to time place limits on the amount of content that can be stored and/or shared via the Website. You are solely responsible for backing up your content.

When you share content on the Website you will retain ownership of that content. By sharing content on the Website you also grant us an irrevocable worldwide licence to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. This licence will continue even if you close your account. As set out in section 15 (Other Matters) below, this licence may be transferred to any replacement operator(s) of the Website.

10. Viruses

We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

11. Our rights

We may suspend or cancel our services or your account or your access to the Website at any time, for any reason. In particular, we may suspend or cancel your access to the Website if:

  • any agreement between us and any of our suppliers terminates or expires;
  • we believe that you are using the Website in a way that is inconsistent with this agreement, particularly section 1 (Your use of the Website) and section 9 (Intellectual Property Rights);
  • we believe you are using the Website in a way that affects or is likely to affect our reputation or the reputation of our service providers, in a negative way;
  • we believe you have given us false information;
  • we suspect that you are using the Website in an improper way, including if we suspect that you are or have acted fraudulently.

If we suspend or cancel our services or your account or your access to the Website we may delete all information related to your account, including, but not limited to, any content you have uploaded to the Website.

If as a result of your actions (including in relation to any content or information you have uploaded) someone brings a claim against us, you agree to compensate us for all damages, losses and expenses of any kind (including reasonable legal fees and costs), related to each such claim. We are not responsible for the actions of Website users.

12. What are our liabilities to you?

We do not exclude or limit our liability for fraud or for death or personal injury resulting from our negligence. Your legal rights as a consumer are not affected by anything in this agreement. Except as stated above in this paragraph, we limit our liability to you under this agreement to a maximum of £10 for any one incident or series of related incidents.

We will not be liable to you for:

  • any loss or damage that could not have been reasonably expected by you and us at the time of entering into this agreement;
  • any financial loss (including any loss of income, business, opportunity or profits);
  • any loss in respect of information which is lost or corrupted; or
  • any damage or loss suffered or incurred by you as a result of:
    • any use of the Website in a way that is contrary to these Terms and Conditions; or
    • anything that happens that is not in our reasonable control (such things might include network failures, war, terrorist activity, riots, malicious damage, fire, flood, storm, nuclear accident or compliance with any new law or governmental order, rule, regulation or direction or things that are not in our control but are in the control of our service providers).

We are not responsible for third party websites linked from the Website or the actions of any third party (including other users of the Website).

The Website is provided for free on an ‘as is’ and ‘as available’ basis and we do not promise that it will be available uninterrupted or error-free.

Support and Maintenance

If you have any problems with the Website please refer to our Contact FAQs at www.tpo.com/help for contact details.

14. How you can contact us

If you need to contact us please refer to our Contact FAQs at www.tpo.com/help for contact details.

15. Other matters

The People’s Operator Community Ltd is a limited company registered in England and Wales, with registered number 09668490 and registered office at 40 Underwood Street, London N1 7JQ. TPO Giving (UK) Limited is a company registered in England and Wales, with registered number 09631265 and registered office at 40 Underwood Street, London N1 7JQ.

We may wish to transfer the Website and all or a part of our rights or responsibilities under these Terms and Conditions to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. Your rights under or in connection with these Terms and Conditions after the date of such transfer and in respect of the period thereafter will be against that other person and not us.

If you or we fail to enforce our rights under these Terms and Conditions, it will not prevent you or us from taking further action.

We will send you notices by post, voicemail, text or other form of electronic message. We will assume that you have received notices 48 hours after we have sent them.


 If any court or other competent authority finds any of the terms of these Terms and Conditions to be invalid or unenforceable, the other terms of these Terms and Conditions will not be affected.

These Terms and Conditions are governed by and interpreted in accordance with the laws of England and Wales (or the laws of the Member State in which you live if you live in the EU). Any dispute arising in connection with these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of England and Wales unless you choose the courts of your Member State if you live in the EU.

These Terms were last updated July, 2015

Privacy Policy

If you would like this Privacy Policy in large print please refer to our Contact FAQs at www.tpo.com/help for contact details.

1. INTRODUCTION

This document, the "Privacy Policy", explains how we, The People’s Operator Community Limited and TPO Giving (UK) Limited (together "TPO"), collect and process any personal data provided by you or otherwise acquired by us, meaning information about you which is personally identifiable such as your name, address, telephone number or email address. Such information is generally referred to throughout this policy as "Your Information". In this document we refer to TPO as "us", "we" or "our" and we refer to you as "you" and "your".

2. ABOUT US

The People’s Operator Community Limited is a limited company registered in England and Wales, with registered number 09668490 and registered office at 40 Underwood Street, London N1 7JQ. Our website can be found at www.tpo.com ("Website").

TPO Giving (UK) Limited is a limited company registered in England and Wales, with registered number 09631265 and registered office at 40 Underwood Street, London N1 7JQ. We process any donation that you make via the Website.

3. WHAT INFORMATION DO WE COLLECT ABOUT YOU?

We may each collect and process the following data about you:

  • information that you submit to us. This includes information provided at the time of registering or updating your profile and information that you share with groups;
  • details of your visits to the site or your use of the site and the resources that you access;
  • if you contact us, we may keep a record of that correspondence. We may monitor and record calls you make to our customer services department for training and quality purposes;
  • your responses to messages and communications that we send to you for the purposes set out in section 4 (How will we use Your Information?);
  • sensitive personal data as set out in section 10 (sensitive personal data);
  • location data.

We may obtain other information about you through the use of a cookie file which is stored on the hard drive of your computer. You can find out more about cookies and our use of them in our Cookie Policy below. By accessing our Website you consent to the terms of our cookie policy. You can disable cookies through your browser settings. Please refer to our cookie info page for more information.

4. HOW WILL WE USE YOUR INFORMATION?

You agree that we may each use Your Information for the purposes of:

  • preventing crime or fraud. We may also need to pass your information to fraud prevention agencies and other organisations involved in crime and fraud prevention;
  • research, surveying and engaging with you, including sending you messages (email or SMS) for these purposes on our behalf;
  • monitoring and managing your account, including providing quality control services;
  • complying with our obligations to our service providers; and
  • as otherwise expressly set out in this Privacy Policy or as required by law.

We may share Your Information with other companies within our group in order to allow them to offer services to you and make the sign up process for other services more straight forward (for example your name, email address and password may be used by other companies within our group to pre-populate any registration forms should you look to register an account with that other company).

5. HOW CAN I CONTROL WHO SEES MY ACTIVITY ON TPO.COM?

You can manage your privacy settings here: www.tpo.com/privacy_settings.

6. WILL WE Will We share Your Information with third parties?

We may disclose Your Information to third parties:

  • if you make a donation to that charity;
  • if we have to share Your Information with any suppliers in order to allow them to provide any part of the Website or any of the purposes set out in section 4 (How will we use your information) above, on our behalf;
  • if you have consented to us sharing Your Information with non-profit causes;
  • if we are under a duty to disclose or share Your Information in order to comply with any legal obligation, or in order to enforce or apply our Terms and Conditions (available on our Website) and any other agreement with you; or to protect the rights, property, or safety of TPO, our members, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction; and
  • in the event that all or substantially all of our business assets are sold to a third party, in which case Your Information may be one of the transferred assets.

7. FOR HOW LONG WILL WE RETAIN YOUR INFORMATION

We will retain Your Information for as long as is necessary to fulfil the purposes for which it was collected or as otherwise required by law.

8. WILL WE TRANSFER YOUR INFORMATION OVERSEAS?

Your Information may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. We will take all steps reasonably necessary to ensure that Your Information is treated securely and in accordance with this privacy policy. By registering for this site, you consent to your personal data being transferred outside the EEA.

9. HOW DO WE PROTECT YOUR INFORMATION?

The security of Your Information is important to us. We maintain appropriate administrative, technical and physical safeguards to protect Your Information against accidental or unlawful destruction, accidental loss, alteration, unauthorised disclosure or access, use and all other unlawful forms of processing of the personal data in our possession. We use the same level of skill in protecting Your Information as other telecommunications service providers.

10. SENSITIVE PERSONAL DATA

You agree that some of the information we collect about you may constitute sensitive personal data. To the extent we process any sensitive personal data, we will only process it for the purposes described in this Privacy Policy.

11. ACCESS TO YOUR INFORMATION, CORRECTION AND UNSUBSCRIBING

  • You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of Your Information, please contact us at the address you can find at www.tpo.com/help. We may make a small charge for this;
  • We want to make sure that Your Information is accurate and up to date. You may ask us to correct or remove information you think is inaccurate by contacting us at the address you can find at www.tpo.com/help; and
  • You have the right to ask us not to use Your Information for marketing purposes. To change your marketing preferences, or to unsubscribe, please contact us at the address you can find at www.tpo.com/help.

12. HOW TO CONTACT US

Please see our "Contact Us" FAQ at www.tpo.com/help.

13. COMPLAINTS

We aim to provide you with the highest quality of service. If you are unhappy with our use of Your Information then please contact us at the address you can find at www.tpo.com/help. You also have the right to complain to the Information Commissioner if there is a problem – for more information visit www.ico.gov.uk

14. OTHER MATTERS

We will send you notices in connection with this Privacy Policy by post, voicemail, text or other form of electronic message. We will assume that you have received them 48 hours after we have sent them.

If any court or other competent authority finds any of the terms of this Privacy Policy to be invalid or unenforceable, the other terms of this Privacy Policy will not be affected.

This Privacy Policy is governed by and interpreted in accordance with the laws of England and Wales (or the laws of the Member State in which you live if you live in the EU). Any dispute arising in connection with this Privacy Policy will be subject to the exclusive jurisdiction of the courts of England and Wales unless you choose the courts of your Member State if you live in the EU.

We are constantly looking for new ways to improve our site. We may amend this Privacy Policy from time to time.

This Privacy Policy was last updated in July, 2015

We use cookies to help provide you with the best user experience on our website. A cookie is a small text file saved on your device when you browse a website which allows the website to remember your device each time you visit. Cookies improve your browsing experience in a number of ways, helping you navigate clearly between pages, saving your preferences and making browsing faster and more efficient.

Cookies cannot import viruses or run programs on your device. The cookies our website uses can only be read by a web server from our domain (www.tpo.com).

We (or third parties acting on our behalf) use the following types of cookies:

Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.

Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

We use the following cookies for the following purposes:

Cookie and Cookie name Purpose
ajs_anonymous_id Segment cookie – We use segment to send analytics events to our various analytics packages
ajs_group_id Segment cookie – We use segment to send analytics events to our various analytics packages
ajs_user_id Segment cookie – We use segment to send analytics events to our various analytics packages
optimizelyBuckets Optimizely cookie – We may use optimizely in the future for A/B testing
optimizelyEndUserId Optimizely cookie – We may use optimizely in the future for A/B testing
optimizelySegments Optimizely cookie – We may use optimizely in the future for A/B testing
sso_referral_producotion Used to track the which user referred a new user
_tpo-social_production_session Stores session data about a logged in user

For more information about cookies and to find out how to block or delete cookies, visit www.aboutcookies.org.

This Cookie Policy was last updated in July, 2015