Terms Of Use

Services:

Subject to the terms and conditions hereof, during the period these Terms are in effect, OhevChesed allows you to use the Services on a non-exclusive basis. OhevChesed may change, modify or update the Services at any time without prior notice to you, including to remove functionality. Currently, OhevChesed makes the Services available free-of-charge to you, but OhevChesed may choose at any time to charge for your future use of the Services. In order to use the Services, you must be 18 years of age or older, or have the permission of your parent or guardian. You may not use the Services if your access to or use thereof violates any applicable law or regulation.

Accounts:

You may register to use OhevChesed by providing the requested information. We may change the method of registration at our discretion. OhevChesed reserves the right to refuse to allow any user to open an account for any reason at its sole discretion. You agree that you will supply accurate and complete information to us in the creation of your account and the use of the Services, and that you will update such information promptly after it changes. You shall have all responsibility for any inaccuracies in any information you provide to us, or in respect of your failure to keep such information up-to-date.

You shall not share your account or login information with any third party, nor let any third party access your account, and are responsible for maintaining the confidentiality of the login information for your account. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. We may terminate your use of the Services if you let someone use your account inappropriately or if you or anyone using your account violates these Terms. You agree to immediately notify us of any unauthorized use of your account. OhevChesed will not be liable for any losses or damage arising from unauthorized use of the Services, and you agree to indemnify and hold OhevChesed harmless for any improper or illegal use of the Services, and any charges and taxes incurred, unless you have notified us here..

Termination of Account:

You agree that we may for any reason, in our sole discretion and without notice, terminate your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users, third parties, the community ethos of our Services or our business interests. In the event that we terminate your account, you may not register for the Services again without our express permission. If you believe that any action has been taken against your account in error, please contact us here.

In addition, if we believe, in our sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or activities of anyone believed to have violated these Terms or to have engaged in illegal behavior. You may request termination of your account at any time and for any reason by contacting us here..

Any suspension or termination of your account shall not affect your obligations to us under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.

Donations:

By means of our Services we allow the public to donate to campaigns (“Donors”), as well as to contribute directly to certain Charities. Any donation you make to a Charity through the Services will be subject to a Services fee. You understand and acknowledge, however, that OhevChesed is not a charity. If you or your charity would like to register to be listed as a charitable organization on the Platform, please contact us here. and we can help facilitate that process.

While we make reasonable attempts only to list legitimate and worthy Organizations and/or Charities, we cannot make any representations or warranties in respect of the actual activities of such Organizations and/or Charities. We are not responsible for the accuracy of any information that the Organizations and/or Charities provide. You must conduct your own research prior to choosing any specific Organization and/or Charity, and we cannot speak to the worthiness or standards of any such Organization and/or Charity.

The Services are an administrative platform only. OhevChesed facilitates the donation transaction between the Organizations and/or Charities and users, but is not a party to any agreement between any Organization and/or Charity and a user. OhevChesed is not a broker, agent, financial institution, creditor or insurer for any user. OhevChesed has no control over the conduct of, or any information provided by, an Organization and/or Charity or their representatives, and OhevChesed hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.

OhevChesed does not guarantee that a specific campaign or an Organization and/or a Charity will obtain a certain amount of donations or any donations at all. We do not personally endorse any campaign and we make no guarantee, explicit or implied, that any information provided through the Services by a user is accurate. We expressly disclaim any liability or responsibility for the success of any campaign, or the outcome of any fundraising purpose. You, as a donor, must make the final determination as to the value and appropriateness of contributing to any campaign or Organization and/or Charity.

We do not and cannot verify the information that Organizations and/or Charities supply, nor do we guarantee that the donations will be used in accordance with any fundraising or other purpose prescribed by an Organization and/or a Charity. We assume no responsibility to verify whether the donations are used in accordance with any applicable laws; such responsibility rests solely with the applicable Organizations and/or Charities. While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that an Organization and/or Charity is not raising or using the funds for their stated purpose, please contact us here.

Payments:

Payments for donations are currently made by means of some major credit cards, checks or ACH transfers, but OhevChesed may add or change payment methods in its sole discretion. You must respect the terms and conditions of any payment methods you use.

You are solely responsible for any taxes on amounts you may pay or obtain through the Site. OhevChesed will deduct applicable charges and taxes from any payable amounts, as required by law.

When a user requests to makes a donation, OhevChesed sends the user a notification of the same.

1. Donors agree to provide their payment information at the time they pledge to a fundraising Campaign. A hold will be placed at the time of the pledge, and if the campaign is successful, the payment will be collected at or after the campaign deadline.
2. After donation, Donors immediately receive an automatically-generated receipt via email to the address provided during checkout. Due SPAM filters and other internet connectivity issues, OhevChesed does not guarantee that Donor will receive said receipt.
3. Donors consent to OhevChesed and its payments partners authorizing a hold or a charge on their payment card or other payment method (ACH) for the amount pledged at the time of the pledge and completion of the campaign.
4. Donors agree to have sufficient funds or credit available at the campaign deadline to ensure that the pledge will be collectible.
5. OhevChesed does not offer refunds. A nonprofit organization is not required to grant a Donors’ request for a refund.
6. Due to chargebacks and the like, OhevChesed does not guarantee the receipt by the Charity of the full amount of funds pledged minus fees.
7. OhevChesed and its payments partners will remove their fees before transmitting proceeds of a campaign.
8. Fees that our payments partners charge may vary. Currently the charge is 2.9% + 30c a transaction for all credit cards. And .8% (up to and limited to $5.00) for ACH transfers.
9. OhevChesed reserves the right to cancel a pledge at any time and for any reason.
10. OhevChesed reserves the right to reject or suspend a campaign at any time and for any reason. OhevChesed is not liable for any damages as a result of any of those actions. OhevChesed’s policy is not to comment on the reasons for those actions.
11. For all campaigns, OhevChesed gives to the nonprofit of the specific campaign each Donor’s name, email, mailing address and pledge amount.
12. Nonprofit Organizations should not take any action in reliance on having their Campaign posted on the Site or having any of the money pledged until they have the ability to withdraw and spend the money. There may be a delay between the end of a successful fundraising campaign and access to the funds. Typically up to one week.
    OhevChesed is not liable for any damages or loss incurred related to any use of the Service. OhevChesed is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Service. OhevChesed does not oversee the performance or punctuality of use of campaign funds for the purpose of the campaign. OhevChesed does not endorse any User Submissions. You release OhevChesed, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.

Intellectual Property:

OhevChesed and its licensors own the Services, including any material or content made available through the Services, and all worldwide intellectual property rights in the foregoing. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use any material made available in the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party. You are not required to provide us with any feedback or suggestions regarding the Services. However, should you provide us with comments or suggestions for the modification, correction, improvement or enhancement of Services then you agree that no such feedback shall be subject to any obligation of confidentiality, and we may use or publish such feedback at our discretion.

Submissions:

OhevChesed may allow you to post comments or reviews or other Submissions to the Site. “Submissions” means anything material that a user transmits to the Site or to another user while using the Site, including any text, audio or visual material. You are responsible for any Submissions you post or transmit. In addition, you represent and warrant that no Submission infringes the intellectual property, moral, publicity or privacy rights of any third party, and that you have all rights necessary to post or transfer such Submission. We do not pre-screen Submissions. We reserve the right, at our sole discretion, to remove any Submissions that we believe violates the letter or spirit of these Terms.

We do not claim ownership of your Submissions. However, by sending any Submissions you automatically grant OhevChesed a non-exclusive, royalty-free, perpetual license of all worldwide rights to use, edit, modify, reproduce, publish, display and distribute Submissions in any manner whatsoever, in or out of context, in all language, in all media, including for our promotional purposes.

You agree that you will not: (a) solicit another person’s password or other personal information under false pretenses; (b) impersonate another user or otherwise misrepresent yourself in any manner (including creating multiple accounts or personas) whether to another user, to us, or otherwise; (c) violate the legal rights of others, including defaming, abuse, stalking or threatening users; (d) infringe the intellectual property rights, privacy rights, or moral rights of any third party, (e) post or transmit any Submission that is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) violate any applicable law, rule or regulation, (g) publish falsehoods or misrepresentations; (h) post or transmit any Submission that is (or reasonably should be understood to be) libelous, defamatory, obscene, offensive (including material promoting or glorifying hate, violence, or bigotry or otherwise inappropriate to the community ethos of the Services; (i) post or transmit any virus, worm, Trojan horse, or other harmful or disruptive component; (j) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; or (k) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, the Services. You may not, nor may you assist other parties to (a) copy, modify, or create derivative works of the Services, (b) reverse-engineer, disassemble, or attempt to derive the source code of the software used to provide the Services, or (c) attempt to disable or circumvent any security mechanism of the Services.

OhevChesed does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and OhevChesed expressly disclaims any and all liability in connection with Submissions. OhevChesed is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to these Submissions. Further, you understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against OhevChesed with respect to thereto.

No Warranties Disclaimer

YOUR USE OF ANY ASPECT OF THE SERVICES IS AT YOUR OWN RISK. OhevChesed CANNOT AND DOES NOT ACCEPT ANY LIABILITY IN RESPECT OF ANY ACTIVITIES THAT YOU MAY UNDERTAKE THROUGH USING THE SERVICES.

WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN RESPECT OF THE SERVICES. INFORMATION REGARDING CHARITABLE ORGANIZATIONS AND/OR CHARITIES MAY BE PROVIDED BY THIRD PARTIES. WE CANNOT ACCEPT ANY LIABILITY WHATSOEVER IN RESPECT OF ANY CONTENT WHICH IS PROVIDED BY THIRD PARTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVERYTHING AVAILABLE ON OR THROUGH THE SERVICES IS PROVIDED TO YOU “AS-IS” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY IMPLIED OR STATUTORY WARRANTIES IN RESPECT OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN RESPECT OF THE SERVICES. OhevChesed DOES NOT WARRANT THAT ANY DESCRIPTION PROVIDED THROUGH THE SERVICES REGARDING CHARITABLE ORGANIZATIONS AND/OR CHARITIES IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

No advice or information, whether oral or written, obtained by you from OhevChesed, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO GENERAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THE SERVICES OR CONTENT. IN ANY CASE, OUR ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS SHALL NOT EXCEED AMOUNTS PAID BY YOU DIRECTLY TO US FOR THE USE OF THE SERVICES HEREUNDER. AS SUCH, IF YOU HAVE NOT MADE ANY PAYMENTS TO US IN ORDER TO USE THE SERVICES, WE SHALL NOT HAVE ANY LIABILITY TO YOU WHATSOEVER

In addition to the foregoing, OhevChesed assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure. OhevChesed is not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to users or to any person's mobile device or computer related to or resulting from participation or use of the Services. OhevChesed cannot and does not warrant that any device shall transmit any information to us, correct or otherwise, or that any information submitted by you shall be retained and stored, correctly or at all. UNDER NO CIRCUMSTANCES SHALL OhevChesed BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, WHETHER ONLINE OR OFFLINE.

Indemnification

You agree to indemnify, defend, and hold us harmless (including our employees, directors, officers, subcontractors and agents) against any and all claims, damages, losses, liabilities, costs or expenses (including reasonable attorneys’ fees and court costs) (“Claims”) that arise directly or indirectly from: (a) the breach of these Terms by you or anyone using your computer, mobile device, password or login information; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party, including without limitation the infringement of any third party intellectual property right or moral right; or (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Services shall be in compliance with all applicable laws, regulations and guidelines.

Infringement

Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond to copyright owners who believe material appearing on the Site infringes their rights under US copyright law. OhevChesed accepts no responsibility or liability for any Submissions, or any material provided or posted by a user. If you believe that something appearing on the Site infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. It is the policy of OhevChesed to terminate the accounts of repeat infringers in appropriate circumstances. Send notices and counter-notices to contact us here.

Miscellaneous

These Terms shall be governed by the law of the State of New Jersey exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms, the Services shall be brought exclusively in the court located in New Jersey, and you irrevocably consent to their jurisdiction. Any cause of action against us must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision as permitted by applicable law, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and us or enables you to act on our behalf. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and supersedes any other agreements, understandings or warranties. Nothing contained in these Terms shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may assign our rights under these terms to any third party. You may not assign your rights or obligations hereunder except as we expressly permit in writing. Any notice to be provided to you pursuant to these Terms maybe provided to the email address or other contact information you have provided to us.