Terms of Service

Welcome to Crowdpac!

  • Crowdpac’s mission is to help emerging leaders reach their first political dollars as fast as possible. We’re proud to make political participation easier than ever.  By using our website and services offered by crowdpac.com, you’re agreeing to these Terms of Service. You’re also agreeing to our Privacy Policy and any other rules on the site, such as our Community and Content Guidelines.
  • We’ve tried our best to make the language in these Terms of Service as simple as possible, but had to cover our bases with some legal language. If you are confused about anything, you can always send us an email: info@crowdpac.com
  • By using our website and services offered by crowdpac.com, you’re agreeing to these Terms of Service. You’re also agreeing to our Privacy Policy and any other rules on the site, such as our Community and Content Guidelines.

User Agreement

Valid as of March 5, 2021                                        

This User Agreement (“Agreement”) is a contract between you (a “User”) and Crowdpac LLC and applies to your use of CrowdpacTM and any other Crowdpac features, technologies, and/or functionalities offered on the Crowdpac website or through any other means (the “Crowdpac Platform”). The Crowdpac Platform is provided to you subject to this Agreement as well as Crowdpac’s Privacy Policy (“Privacy Policy”), which is available at https://www.Crowdpac.com/privacy-policy, Crowdpac’s Cookie Use Policy (“Cookie Policy”), which is available at https://www.Crowdpac.com/cookie-policy, and Crowdpac’s Code of Conduct (“Code of Conduct”), which is available at https://www.Crowdpac.com/code-of-conduct, the terms of each of which are incorporated in this Agreement by this reference.  The terms of this Agreement and of such policies are hereinafter referred to collectively as our “Terms of Use”.  

The Crowdpac Platform enables the following activities:

·      Users (as “Senders”) may send electronic mail (email) messages and SMS (text) messages to persons on their authorized distribution lists using the Crowdpac Platform, and recipients of such messages may reply to the Sender of such message.  A User may subscribe to a volume plan for sending messages using the Crowdpac Platform on a monthly fee or custom basis. Such subscribing Senders then will be entitled to receive commercial grade messaging services using the Crowdpac Platform.

·      Authorized Users (as “Contributors”) may send contributions and may make pledges using Crowdpac’s payment processing service to approved recipients, including Registered Campaigns, Registered National Party Committees, Political Action Committees, and campaign committees of candidates for local and state offices that have been approved by Crowdpac.

·      Political Action Committees may send contributions to Registered Campaigns and Registered National Party Committees using Crowdpac’s payment processing service.

·      Users may solicit contributions (including Earmarked Contributions) and pledges to approved recipients, including Registered Campaigns and Future Nominees.

·      Using Crowdpac’s payment processing service, authorized Users (as Contributors) may make Earmarked Contributions to a Future Nominee upon the candidate meeting the applicable conditions (such as the candidate maintaining a specified rating or receiving the public endorsement of a specified endorsing organization).

We may add, change, suspend or eliminate any or all Crowdpac features and services at any time, with or without notice, subject to applicable law. We may terminate your access to any or all Crowdpac Platform, including your Crowdpac Account, in the event you violate the Crowdpac Terms of Use.  If you don’t agree to these Terms of Use, you must immediately discontinue your use of the Crowdpac Platform.

 I.              THIRD PARTY AGREEMENTS

A.      Crowdpac LLC is Solely Responsible for the Crowdpac Platform

You acknowledge and agree that this Agreement is between you and Crowdpac LLC, not with any third party (including, but not limited to, Apple®, Google®, any other app store or distribution platform, any mobile carrier, or any payment processing service), and that Crowdpac LLC is solely responsible for the Crowdpac Platform. Crowdpac is solely responsible for providing maintenance and support services for the Crowdpac Platform. 

If you access the Crowdpac Platform using your mobile device, you are responsible for any fees that your wireless service provider charges for SMS, data services, etc. Your wireless service provider is not the provider of the Crowdpac Platform.

B.      Covered Third Parties

Your use of the Crowdpac Platform may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple®, Google® or Microsoft®), your mobile device manufacturer (e.g., Apple, Samsung®), your mobile service carrier (e.g., AT&T® or Verizon®), and other parties involved in providing your mobile device service. Third party operating system providers such as Apple, Google, and Microsoft, your phone or other mobile device manufacturer, your wireless carrier or other network provider, any other product or service provider used to access the Crowdpac Platform, and Crowdpac’s payment processing services provider are collectively referred to as “Covered Third Parties.” You agree to comply with all applicable third party terms of agreement when using the Crowdpac Platform. Crowdpac LLC is not a party to those agreements and has no responsibility for the products and services provided by third parties.  Covered Third Parties have no obligation to provide maintenance or support services for the Crowdpac Platform.

Covered Third Parties have no warranty obligations whatsoever with respect to the Crowdpac Platform.  Any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Crowdpac Platform to conform to any warranty provided by Crowdpac LLC, if any, will be Crowdpac’s sole responsibility.

Crowdpac LLC, and not any Covered Third Parties, is responsible for addressing any claims relating to your use of the Crowdpac Platform, including, but not limited to: (i) product liability claims; (ii) any claim that the Crowdpac Platform fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) intellectual property claims. Please see the Contact Us section below for how to contact Crowdpac LLC.

C.      Access to the Crowdpac Platform on Apple Devices

If you are accessing the Crowdpac Platform on an Apple device, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary. Such rights may also accrue to other handset manufacturers and operating systems which participate in the Crowdpac Platform.

II.              CROWDPAC TERMS OF USE

A.             Compliance with Applicable Laws, including Federal Election Laws and Regulations, and with Crowdpac’s Code of Conduct.

Crowdpac abides by U.S. federal and state law concerning, among other things:

·      Federal and state campaign laws, including Title 52 of the U.S. Code, Subtitle III (“Federal Campaign Finance”) and Title 26 of the U.S. Code, Subtitle H (“Financing of Presidential Election Campaigns”).

·      Federal and state privacy laws.

·      Federal and state anti-spam laws, including the federal law known as the “CAN-SPAM Act” (Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, Pub. L. No. 108-187, 117 Stat. 2699 (2003), codified at 15 U.S.C. §§ 7701-7713, 18 U.S.C. § 1037 and 28 U.S.C. § 994) and the rules and regulations adopted by the Federal Communications Commission and the Federal Trade Commission.

All Users of the Crowdpac Platform agree to abide by such laws as a condition of their use of the Crowdpac Platform. Users of the Crowdpac Platform also agree to abide by Crowdpac’s Code of Conduct which prohibits abusive behavior, harassment, hate speech and other unacceptable conduct.  Please read Crowdpac’s Code of Conduct, which can be found on the Crowdpac home page at https://www.Crowdpac.com/code-of-conduct. 

Violations of these Terms of Use will result in the suspension or cancellation of your Crowdpac account and your use of the Crowdpac Platform.

B.             Use of the Crowdpac Platform to make Political Contributions and Pledges to Authorized Recipients.

1.             The Crowdpac Platform enables the following activities in connection with the solicitation and making of political campaign contributions and pledges:

·               Users who are eligible individuals, as defined by the U.S. Federal Election Commission (the “FEC”), as “Contributors” may make lawful campaign contributions and pledges to principal campaign committees (“Registered Campaigns”), national party committees (“Registered National Party Committees”), and political action committees, including connected committees (separate segregated funds or SSFs) and unconnected committees (Super PACs, Hybrid PACs, and Leadership PACs) (“PACs”), that are registered with the FEC and to authorized campaigns of candidates for local and state offices (“L&S Campaigns,” and together with Registered Campaigns, Registered National Party Committees and PACs, “Authorized Recipients”).

·               Authorized Recipients may receive lawful campaign contributions and pledges from Contributors who are eligible to make such contributions and pledges under applicable local, state and US law, including the regulations of the FEC.

·               Eligible Contributors also may make earmarked contributions to a presently unidentified nominee (“Future Nominees”) that are held in a separate account (“Earmarked Contributions”) until such time as a candidate meets the specified conditions for the receipt of Earmarked Contributions (such as the candidate receiving the public endorsement of a specified endorsing organization) and his or her campaign committee becomes an Authorized Recipient.

·               Eligible Contributors also may make contributions and pledges to approved organizations other than Authorized Recipients such as charitable and other not-for-profit organizations (“Other Approved Recipients”).

·               Eligible Users, including Authorized Recipients and Other Approved Recipients, also may solicit contributions (including Earmarked Contributions) and pledges from other eligible Users.

Contributions by Contributors to Authorized Recipients, contributions by PACs to other Authorized Recipients, and Earmarked Contributions by Contributors to Future Nominees are not directed by Crowdpac.    

It is each User’s responsibility to determine if they meet the FEC requirements to be a Contributor, a Registered Campaign, a Registered National Party Committee or a PAC.  Crowdpac does not guarantee the identity of any User of the Crowdpac Platform, including any Contributor, Authorized Recipient or Other Approved Recipient.  Crowdpac also does not guarantee that a Contributor using the Crowdpac Platform to make a contribution or pledge can or will make the contribution or that the Authorized Recipient or Other Approved Recipient receiving a contribution or pledge made using the Crowdpac Platform can or will accept the contribution.

If you have any questions about whether it is permissible for you to make or receive a contribution under federal law, please go to https://www.fec.gov/help-candidates-and-committees/candidate-taking-receipts/who-can-and-cannot-contribute/ for information about an individual’s eligibility to make contributions and pledges to Authorized Recipients or, if you are a Registered Campaign, Registered National Party Committee or PAC, about your obligations regarding contributions and pledges made to you.

In addition to those requirements, users of the Crowdpac Platform also agree to abide by the federal campaign contribution limits set by the FEC.  Contributors agree not to make, and Authorized Recipients agree to not knowingly accept and keep, contributions in excess of these limits.  The applicable limits for federal elections may be found here: https://www.fec.gov/help-candidates-and-committees/candidate-taking-receipts/contribution-limits.

When using this functionality of the Crowdpac Platform, Users, Contributors, Authorized Recipients, Contributors and Other Approved Recipients must abide by Crowdpac’s Code of Conduct which prohibits abusive behavior, harassment, hate speech and other unacceptable conduct.  Please read Crowdpac’s Code of Conduct, which can be found on our home page at Crowdpac.com.  

2.             Eligibility to be a User and to use the Crowdpac Platform to make political contributions and pledges

If you are a User, you may use the Crowdpac Platform (1) to make one-time or recurring campaign contributions and pledges to Authorized Recipients using your mobile device or PC, (2) to make Earmarked Contributions and pledges to Future Nominees using your mobile device or PC, (3) to solicit contributions (including Earmarked Contributions) and pledges to Authorized Recipients from other Users, and (4) to solicit campaign contributions (including Earmarked Contributions) and pledges from other Users.  Users will not be permitted to make a contribution to an Unauthorized Recipient, however.  The Crowdpac Platform will treat a User’s attempt to make a contribution to an Unauthorized Recipient, including Earmarked Contributions to a Future Nominee, as such User’s intent to make such contribution if and when the Unauthorized Recipient becomes an Authorized Recipient and satisfies any conditions to the contribution.  

To be eligible to use the Crowdpac Platform to make a campaign contribution or pledge to an Authorized Recipient or to make an Earmarked Contribution to a Future Nominee, you must (1) be an individual who satisfies the FEC requirements for eligibility to make contributions to Registered Campaigns, Registered National Party Committees or the intended PAC recipient, (2) use the Crowdpac Platform in the United States, and (3) if you are accessing Crowdpac using your mobile device, use the cellular/wireless telephone number that you own. As further detailed in our Privacy Policy, in order for you to use Crowdpac, Crowdpac LLC or its payment processing services provider requires that you submit certain Personal Information (as defined in its Privacy Policy), including but not limited to your full name, email address, text-enabled cellular/wireless telephone number, mailing address, date of birth, occupation, and employer.  You agree that the Personal Information you provide to Crowdpac LLC or its payment processing services provider will be true, accurate, current and complete, and you agree to maintain and update this Personal Information necessary.

As noted above, in order to be eligible to make a campaign contribution using the Crowdpac Platform, a User must be an individual and make the contribution from his or her own funds.  Those funds may not be provided to the User by another person or entity for the purpose of making the contribution. The User must make the contribution with their own personal purchase method and not with a corporate or business purchase method or a method issued to another person.  A User must be a U.S citizen or lawfully admitted permanent resident (i.e., a green card holder). 

If for any reason Crowdpac determines that a User’s identity must be verified, Crowdpac may suspend a User’s Crowdpac Account until that User complies with Crowdpac’s identity verification requirements.  Reasons for further identity verification include suspicious activity involving a User’s Crowdpac Account, any indication that a User may not be who he or she states, and any indication that a User may be a foreign national.  Crowdpac also will require further identity verification if an Authorized Recipient or any governmental authority requests that a User’s identity be verified.  

Crowdpac will store your personal identification information in accordance with its Privacy Policy and, with respect to social security numbers provided to Crowdpac by Users, in accordance with the requirements of the Social Security Administration.  Please see Crowdpac’s Privacy Policy at https://www.Crowdpac.com/priva... for further information about Crowdpac’s commitments to protecting your privacy.

3.             Users under the age of 18 

If a User is under the age of 18, additional restrictions apply. If a User is a minor (under the age of 18), then such minor User may make a contribution only if:

·               The decision to contribute is made knowingly and voluntarily by the minor;

·               The funds, goods or services contributed are owned or controlled by the minor; and

·               The contribution is not made using funds given to the minor as a gift for the purpose of making the contribution, and is not in any way controlled by another individual.

For a Registered Campaign to be eligible to receive a campaign contribution from a User and PACs made using the Crowdpac Platform (including Earmarked Contributions), a Registered Campaign must (1) be the “principal campaign committee” (as defined by the FEC), be registered with the FEC as an authorized committee designated by a candidate as the principal committee to raise contributions and make expenditures for his or her campaign for a federal office, have obtained an FEC Campaign Identification Number, and have accepted this Agreement thereby agreeing to our Terms of Use, (2) with respect to Earmarked Contributions, satisfy the conditions for the release of such Earmarked Contributions, (3) use the Crowdpac Platform in the United States, and (4) if accessing the Crowdpac Platform using a mobile device, use a cellular/wireless telephone number that is owned by the Registered Campaign.  As further detailed in our Privacy Policy, in order for a Registered Campaign to become an Authorized Recipient for purposes of this Agreement and to create and use a Crowdpac Account, Crowdpac LLC or its payment processing services provider requires that an authorized officer of the Registered Campaign (usually its Treasurer) submit to Crowdpac certain Personal Information (as defined in its Privacy Policy), including but not limited to the officer’s name, driver’s license number and social security number, the Registered Campaign’s email address, text-enabled cellular/wireless telephone number, street address or zip code, and its FEC Campaign Identification Number.  You agree that the Personal Information you provide to Crowdpac LLC or its payment processing services provider will be true, accurate, current and complete, and you agree to maintain and update this Personal Information as necessary.

Please see Section II.C.11 below for a description of the processing and fees for contributions made to Authorized Recipients using the Crowdpac Platform.

5.             Eligibility to be a Registered National Party Committee and to use the Crowdpac Platform to make and to receive political contributions and pledges

For a Registered National Party Committee to be an Authorized Recipient and thereby eligible to receive a campaign contribution from a User made using the Crowdpac Platform, a Registered National Party Committee must (1) be the “national political party committee” (as defined by the FEC), registered with the FEC as the authorized national committee designated by a political party as its national committee to raise contributions and make expenditures for the political party,  have obtained an FEC Campaign Identification Number, and have accepted this Agreement thereby agreeing to our Terms of Use, (2) use the Crowdpac Platform in the United States, and (3) if accessing the Crowdpac Platform using a mobile device, use a cellular/wireless telephone number that is owned by the Registered National Party Committee. As further detailed in our Privacy Policy, in order for a Registered National Party Committee to become an Authorized Recipient for the purposes of this Agreement and to create and use a Crowdpac Account, Crowdpac LLC or its payment processing services provider requires that an authorized officer of the Registered National Party Committee submit to Crowdpac certain Personal Information (as defined in its Privacy Policy), including but not limited to the name of the authorized officer of the Registered National Party Committee, his or her driver’s license number and social security number, the Registered National Party Committee’s email address, text-enabled cellular/wireless telephone number, street address or zip code, and its FEC Campaign Identification Number. You agree that the Personal Information you provide to Crowdpac LLC or its payment processing services provider will be true, accurate, current and complete, and you agree to maintain and update this Personal Information as necessary.

Please see Section II.C.11 below for a description of the processing and fees for contributions made to Authorized Recipients using the Crowdpac Platform.

6.             Eligibility to be a Political Action Committee and to use the Crowdpac Platform to make and to receive political contributions and pledges

For a Political Action Committee or PAC to be an Authorized Recipient and thereby eligible to receive a campaign contribution from a User made using the Crowdpac Platform or to make campaign contributions to other Authorized Recipients using the Crowdpac Platform, a PAC must (1) be a “connected committee” (an “SSF”) or an “unconnected committee” (as such terms are defined by the FEC), have registered with the FEC as such and obtained an FEC identification number, and have accepted this Agreement thereby agreeing to our Terms of Use, (2) use the Crowdpac Platform in the United States, and (3) if accessing the Crowdpac Platform using a mobile device, use a cellular/wireless telephone number that is owned by the PAC. As further detailed in our Privacy Policy, in order for a PAC to become an Authorized Recipient for the purposes of this Agreement and to create and use a Crowdpac Account, Crowdpac LLC or its payment processing services provider requires that an authorized officer of the PAC submit to Crowdpac certain Personal Information (as defined in its Privacy Policy), including but not limited to the name of the authorized officer of the PAC, his or her driver’s license number and social security number, the PAC’s email address, text-enabled cellular/wireless telephone number, street address or zip code, and its FEC identification number. You agree that the Personal Information you provide to Crowdpac LLC or its payment processing services provider will be true, accurate, current and complete, and you agree to maintain and update this Personal Information as necessary.

Please see Section II.C.11 below for a description of the processing and fees for contributions made to Authorized Recipients using the Crowdpac Platform.

If you are an eligible User, you also may use the Crowdpac Platform (1) to make one-time or recurring contributions and pledges to Other Approved Recipients using your mobile device or PC and (2) to solicit contributions and pledges to Other Approved Recipients from other Contributors.  Contributors will not be permitted to make a contribution to any recipient that is not an Other Approved Recipient, however. 

For a User to be an Other Approved Recipient and to make or receive contributions using the Crowdpac Platform, the User must (1) be a charitable or other not-for-profit organization that has satisfied the IRS requirements for its not-for-profit status in good standing and approved by Crowdpac, have obtained a Federal Employer Identification Number (FEIN), and have accepted this Agreement thereby agreeing to our Terms of Use, (2) use the Crowdpac Platform in the United States, and (3) if accessing the Crowdpac Platform using a mobile device, use a cellular/wireless telephone number that is owned by the Other Approved Recipient. As further detailed in our Privacy Policy, in order for a User to become an Other Approved Recipient for the purposes of this Agreement and to create and use a Crowdpac Account, Crowdpac LLC or its payment processing services provider requires that an authorized officer of the organization submit to Crowdpac certain Personal Information (as defined in its Privacy Policy), including but not limited to the name of the authorized officer of the organization, his or her driver’s license number and social security number, the organization’s email address, text-enabled cellular/wireless telephone number, street address or zip code, and its FEIN. You agree that the Personal Information you provide to Crowdpac LLC or its payment processing services providerwill be true, accurate, current and complete, and you agree to maintain and update this Personal Information as necessary.

Please see Section II.C.11 below for a description of the processing and fees for contributions made to Other Approved Recipients using the Crowdpac Platform.

Crowdpac will store your personal identification information in accordance with its Privacy Policy and, with respect to social security numbers provided to Crowdpac by Users, in accordance with the requirements of the Social Security Administration.  Please see Crowdpac’s Privacy Policy at https://www.Crowdpac.com/priva... for further information about Crowdpac’s commitments to protecting your privacy.

Earmark Accounts are sub-accounts established and managed by Crowdpac or its third party payment processing service for each Future Nominee associated with Earmarked Contributions deposited in a separate bank account that receives, holds and disburses Earmarked Contributions.  Earmark Accounts may not be used to receive business, commercial or merchant transactions. A Future Nominee may have only one Earmark Account.

Crowdpac or its payment processing services provider will establish and maintain in its records a separate sub-account for each Future Nominee that is the subject of Earmarked Contributions.  All Earmarked Contributions to such Future Nominee will be recorded as such in the Earmark Account established for such Future Nominee and will be transferred by Crowdpac or its payment processing services provider to either the authorized campaign of the candidate who satisfies the condition(s) associated with the Earmarked Contributions upon such authorized campaign becoming an Authorized Recipient or to the designated default recipient if no candidate satisfies such condition(s).  

You hereby authorize Crowdpac, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your personal information and, for Registered Campaigns, Registered National Party Committees and PACs, your FEC identification number. This may include asking you for further information and/or documentation about your Crowdpac usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial accounts, and verifying your information against third party databases or through other sources. This process is for internal verification purposes.

You have the right to receive a statement showing all contribution and pledge activity using Crowdpac. You may view your activity by logging into Crowdpac.

Contributions made and received using the Crowdpac Platform are processed by Democracy Engine.  Such payment processing services and all money transmission is provided by Democracy Engine pursuant to Crowdpac’s agreement with Democracy Engine.  Please review Democracy Engine’s Terms of Service, located at http://democracyengine.com/ToS.html and Democracy Engine’s Privacy Policy, located at http://democracyengine.com/privacypolicy.html.   

Crowdpac LLC has no responsibility for the actions of Democracy Engine or any person using Crowdpac.

12.          Additional Information 

See https://www.Crowdpac.com/priva... for additional information and for disclosures that Crowdpac LLC is required to post by certain jurisdictions.

C.            Terms regarding Your Contributions and Pledges to Authorized Recipients

1.             You Control Your Crowdpac Activity

After you have registered as a Contributor, you will be able to make contributions and pledges to Authorized Recipients (including Earmarked Contributions to Future Nominees) and to Other Approved Recipients using the Crowdpac Platform in accordance with this Agreement.  You control your Crowdpac activity and have sole power to direct your contributions and pledges provided you are in compliance with this Agreement.

A Contributor also has the option of paying a tip to Crowdpac when making his or her contribution.  The tip amount is set at the default rate of ten percent (10%) of the amount contributed.  The Contributor may adjust the percentage amount of the tip to reduce or increase the percentage amount.

2.             Types of Contributions and Pledges; Limits under Federal Election Law

An eligible User may use the Crowdpac Platform (i) to make a one-time contribution in a specified amount to an Authorized Recipient or Other Approved Recipient, (ii) to make a commitment to an Authorized Recipient or Other Approved Recipient that he or she will make regular, periodic contributions in specified amounts and at specified times, which contribution commitments may be conditioned on the candidate associated with the Authorized Recipient maintaining specified ratings, (iii) to pledge to an Authorized Recipient or to an Unauthorized Recipient (or to a Future Nominee) or to an Other Approved Recipient that he or she intends to make one or more contributions to it, which contributions to an Authorized Recipient may be conditioned on the candidate associated with the Registered Campaign maintaining specified ratings or receiving the public endorsement of a specified endorsing organization, and (iv) to make Earmarked Contributions to Future Nominees.  The aggregate amount that a User may contribute to a particular Authorized Recipient is limited by federal election law, presently $2,800 to each Registered Campaign for each election, $35,500 to each Registered National Party Committee during each calendar year, and $5,000 to PACs that are SSFs or unconnected PACs (unlimited for Super PACs) during each calendar year.  In addition, Leadership PACs are limited to $5,000 in contributions to a Registered Campaign per election.  Pledges and Earmarked Contributions count as contributions made for purposes of such limits (e.g., an outstanding $500 pledge to a Registered Campaign or a $500 Earmarked Contribution to a Future Nominee reduces the potential amount of other contributions that the User may make to such Registered Campaign during the election from $2,800 to $2,300).

  • One-Time Contributions

For the purposes of this Agreement a one-time contribution is defined as a one-time transfer of money from a User to an Authorized Recipient or an Other Approved Recipient. A User will not be permitted to make one-time contributions to Unauthorized Recipients using the Crowdpac Platform; instead, the Crowdpac Platform will treat a User’s attempt to make a contribution to an Unauthorized Recipient as such User’s intent to make such contribution if and when the Unauthorized Recipient becomes an Authorized Recipient.

ii.              Periodic Contributions

For the purposes of this Agreement, a periodic contribution is defined as a commitment to transfer money from a User to an Authorized Recipient or an Other Approved Recipient in the future at specific times and in specific amounts (which may vary) pursuant to a predetermined schedule.  Periodic contributions will be withdrawn by Crowdpac for the benefit of the Authorized Recipient or Other Approved Recipient from a User’s designated preferred funding source as previously provided to Crowdpac in accordance with the specified schedule unless the User changes, alters, or cancels the scheduled contribution or the Authorized Recipient or Other Approved Recipient withdraws or otherwise ceases to be active.  A periodic contribution may be conditioned on the candidate associated with a Registered Campaign maintaining an active campaign.

As stated above in Section II.C.2.i, the Crowdpac Platform will treat a User’s attempt to make a one-time contribution to an Unauthorized Recipient using the Crowdpac Platform as such User’s conditional commitment to make such contribution if and when the Unauthorized Recipient becomes an Authorized Recipient.  The amount of such conditioned contribution will be withdrawn by Crowdpac or its payment processing services provider for the benefit of the Authorized Recipient from a User’s designated preferred funding source as previously provided to Crowdpac or its payment processing services provider if and when the Unauthorized Recipient becomes an Authorized Recipient unless the User changes, alters, or cancels the intended contribution.

iii.             Pledges

Pledges may be made to (1) Authorized Recipients, (2) Unauthorized Recipients conditioned upon them becoming Authorized Recipients, (3) authorized campaigns of Future Nominees conditioned upon them satisfying certain requirements (such as maintaining specified ratings or receiving the public endorsement of a specified endorsing organization) and becoming Authorized Recipients, and (4) Other Approved Recipients.

A pledged contribution is a promise of a future contribution of money.   Pledges may be conditioned on the candidate associated with a campaign maintaining or achieving a specified rating by a particular issue advocacy organization within a specific period of time or satisfying by a specified date the condition(s) established for a candidate to receive Earmarked Contributions.  When the candidate associated with a campaign successfully maintains or achieves the specified rating or receives the public endorsement of the specified endorsing organization, the User will be notified and given the opportunity to make the pledged contribution.  Pledges must be made for a specific amount, with every intention of the User or Contributor to pay the stated amount in its entirety.  All primary election pledges must be made on or before the day of the primary election.  Pledges are built into a contributor's aggregate contribution total.

Conditioning Your Campaign Pledges.  Users may condition their pledges to a campaign (including the authorized campaign of a Future Nominee) by requiring that the candidate associated with a campaign (i) maintain or obtain at least a designated rating by a recognized third-party organization or special interest group that routinely and publicly rates candidates and elected officials with respect to their views and voting history on specific political issues or causes or (ii) satisfy by a specified date the condition(s) established for receiving Earmarked Contributions.  If a User requires a candidate to maintain or obtain a certain rating or to satisfy the condition(s) established for receiving Earmarked Contributions as a condition to such candidate’s campaign receiving a future contribution, Crowdpac will determine whether that candidate has or has not satisfied that condition and notify the User of such determination before processing the conditioned contribution.  Crowdpac, however, is not responsible for the accuracy, completeness, reliability, timeliness or frequency of any rating or endorsement of a candidate.  A User may change the required rating or endorsement or cancel a contribution commitment or pledge at any time before the conditioned contribution is made.  In absence of a preexisting rating for a particular candidate, Crowdpac will assign such candidate a C rating on a letter grade scale or a numerical rating of a 50 on a 1 to 100 number scale.

Pledge Limit; Ratings.  We may, at our discretion, impose limits on the number of pledges a User  may make using the Crowdpac Platform as well as the amount of those pledges. If we have authenticated your identity and your designated preferred funding source and you have honored your commitments and pledges, we may increase your pledge limit. If you fail to honor your contribution commitments and pledges, we may restrict your ability to make contribution commitments and pledges using the Crowdpac Platform.  

iv.            Earmarked Contributions.

For the purposes of this Agreement, an Earmarked Contribution is defined as a one-time transfer of money from a User to an Earmark Account established by Crowdpac to hold contributions from Users that are earmarked for a Future Nominee.  Earmarked Contributions may be made only to the authorized campaigns of Future Nominees conditioned upon them satisfying by a specified date the condition(s) established for them to receive such Earmarked Contributions and becoming Authorized Recipients or to the designated default recipient if no candidate satisfies such condition(s).  The User that solicits Earmarked Contributions for a specified Future Nominee or that formed the Group on Crowdpac for purposes of making such solicitations must clearly identify in such solicitation (1) the Future Nominee by office sought, party affiliation and election cycle, (2) any condition(s) that must be satisfied by a candidate in order for such candidate to qualify to receive the Earmarked Contributions for such Future Nominee, which may include the public endorsement of such candidate by a specified endorsing organization, (3) the specific time and date by when such Future Nominee must be determined, and (4) the default recipient of the Earmarked Contributions (which also must be an Authorized Recipient such as a Registered National Party Committee) if the conditions for determining the Future Nominee are not met by such specified date.  Satisfying such solicitation requirements allows Crowdpac to clearly identify the Future Nominee and the default recipient.

Crowdpac will not exercise any discretion or control over the choice of the Authorized Recipient that receives such Earmarked Contributions, including the default recipient, or over the satisfaction of any imposed conditions. Crowdpac will determine whether a candidate has or has not satisfied the condition(s) relating to the Earmarked Contributions and notify the User of such determination before processing the Earmarked Contributions.

If a condition to receiving Earmarked Contributions is the public endorsement of the candidate by a specified endorsing organization, such endorsement must be a formal statement of support or approval by on behalf of a qualified endorsing organization that encourages voters to support a single, specified candidate for a specific office that appears in a newspaper or magazine article, a transcript from a television show, a press release, or any publicly available website.  Qualified endorsing organizations include recognized media outlets with a history of making political endorsements, organizations registered with the IRS under Section 501(c)(4) or Section 527 of the Internal Revenue Code, and Registered National Party Committees.  Crowdpac is not responsible for the accuracy, completeness, reliability, timeliness or frequency of any endorsement of a candidate.

The Authorized Recipient receiving your contribution will list your contribution in its required FEC reporting in accordance with federal election law.  If your contribution was made to an Other Approved Recipient, such Other Approved Recipient may be required to disclose your contribution under applicable law or its internal policies.

4.             Contribution Authorizations and Processing

When you make a contribution to an Authorized Recipient or an Other Approved Recipient, you are providing Crowdpac and its payment processing services provider with an authorization to process your contribution using your designated preferred funding source. Crowdpac’s third-party payment processing services provider will initiate a transfer of funds from your designated preferred funding source to your Crowdpac Account.  Your contribution will be held as pending in your Crowdpac Account until Crowdpac processes it, which may not occur immediately depending on the User, the Authorized Recipient or Future Nominee, or the Other Approved Recipient, or the amount of the contribution. In such cases, your authorization will remain valid for up to thirty (30) days although Crowdpac either will validate or reject your contribution within ten (10) days after your Crowdpac Account was credited with the amount of your intended contribution. Once your contribution is validated by Crowdpac or its payment processing services provider, Crowdpac’s payment processing services provider will initiate a transfer of funds from your account to the bank account registered with Crowdpac by the Authorized Recipient or to the Earmarked Account associated with the Future Nominee or to the Other Approved Recipient and then ultimately to the bank account registered with Crowdpac or its payment processing services provider by the Authorized Recipient or the Other Approved Recipient.  For contribution commitments and pledges, we may request an authorization for what you estimate to be your entire contribution amount.  A User may cancel a contribution commitment (including an Earmarked Contribution) or pledge at any time before the scheduled contribution is actually transferred to the Authorized Recipient’s or Other Approved Recipient’s bank account or to the Earmarked Account.  Once a contribution is transferred to an Authorized Recipient’s or Other Approved Recipient’s bank account or to an Earmarked Account, the contribution cannot be reversed by the User using the Crowdpac Platform.  A User must contact the Authorized Recipient or the Other Approved Recipient regarding any requested refund of a contribution to such Authorized Recipient or Other Approved Recipient, which refund is in the sole discretion of the Authorized Recipient or Other Approved Recipient, or Crowdpac regarding any requested refund of an Earmarked Contribution, which refund request will be timely processed by Crowdpac or its payment processing services provider.

5.             Funding Sources

You may make contributions using the Crowdpac Platform with a bank account, debit card or credit card, and may designated one of these to be your preferred funding source.  When you make a contribution to an Authorized Recipient, to an Other Approved Recipient or to an Earmarked Account through the Crowdpac Platform, Crowdpac or its third-party payment processing services provider will withdraw funds from your designated preferred funding source to make the contribution in its entirety.  You will pay no fee or charge for making your contribution using the Crowdpac Platform.   

6.             Funding Source Limitations

In order to manage risk, Crowdpac or its payment processing services provider may limit the funding sources available for your use to fund any particular contribution. For example, your funding sources for a particular contribution may be limited to your bank account.

Please note that the various funding sources have different dispute resolution rights and procedures in the event your transaction turns out to be unsatisfactory. Your dispute resolution rights are determined by the funding source used to fund your transaction.

7.             Bank Transfers

When your bank account is used as your funding source, you are requesting that Crowdpac or its payment processing services provider initiate on your behalf an “echeck” or electronic transfer from your bank account. For these transactions, Crowdpac or its payment processing services provider will make electronic transfers (via the Automated Clearing House (“ACH”) of NACHA - The Electronic Payment Association (“NACHA”)) from your bank account in the amount you specify. You agree that such requests constitute your authorization to Crowdpac or its payment processing services provider to make the ACH transfer, and once you have provided your authorization for the transfer, you will not be able to cancel the electronic transfer and Crowdpac or its payment processing services provider may resubmit any ACH debit you authorized that is returned for insufficient or uncollected funds, except as otherwise provided by NACHA’s ACH rules (collectively, the “ACH Rules”), or applicable law. You will pay no fee or charge for making your contribution by echeck using the Crowdpac Platform.

8.             Debit Card Processing

Crowdpac or its payment processing services provider will process your debit card-funded transactions through either the debit card’s ATM debit network or the Visa/MasterCard network, as Crowdpac or its payment processing services provider may elect at its discretion. You will pay no fee or charge for making your contribution by debit card using the Crowdpac Platform.

9.             Credit Card Information

If your credit card account number changes or your credit card expiration date changes, we may acquire that information from our payment processing services provider and update your account accordingly. You will pay no fee or charge for making your contribution by credit card using the Crowdpac Platform.

10.          Refused and Refunded Transactions

When you make a contribution, the Authorized Recipient or Other Approved Recipient that received your contribution is not required to accept it and may refund it even if it was accepted. You agree that you will not hold Crowdpac LLC or its payment processing services provider liable for any damages resulting from a decision by an Authorized Recipient or Other Approved Recipient not to accept or to refund your contribution made through the Crowdpac Platform.

If an Authorized Recipient or Other Approved Recipient to which you make a contribution through the Crowdpac Platform does not accept your contribution or elects to refund your contribution, then if the Authorized Recipient or Other Approved Recipient has not transferred your contribution from its Crowdpac Account to its bank account, Crowdpac’s third-party payment processing services provider will cancel or reverse your contribution and will return your contribution to your Crowdpac Account.  If the Authorized Recipient or Other Approved Recipient has transferred your contribution from its Crowdpac Account to its bank account before it determined that it is unable to accept your contribution or elected to refund your contribution, the Authorized Recipient or Other Approved Recipient will be responsible for returning your contribution to you.  Crowdpac’s transaction fee paid by the Authorized Recipient or Other Approved Recipient is nonrefundable once the Authorized Recipient or Other Approved Recipient transfers your contribution from its Crowdpac Account to its bank account.

Until the Authorized Recipient or Other Approved Recipient transfers your contribution from its Crowdpac Account to its bank account, a hold may be placed on your contribution and Crowdpac’s  transaction fee.  Provided the Authorized Recipient or Other Approved Recipient has not transferred your contribution from its Crowdpac Account to its bank account, we will return any refused or refunded contribution to you through the Crowdpac Platform promptly after the Authorized Recipient or Other Approved Recipient informs Crowdpac or its payment processing services provider of its election not to accept or to refund your contribution.

11.          Fees for Making Contributions and Using the Crowdpac Platform

A Contributor will not be charged a fee for making a contribution to an Authorized Recipient or Other Approved Recipient.  However, when funds for a contribution are transferred to an Authorized Recipient’s or Other Approved Recipient’s Crowdpac Account using the Crowdpac Platform, the Authorized Recipient or Other Approved Recipient receiving such contribution will pay Crowdpac a fee.  The fee will be withheld by Crowdpac from the funds being contributed to such recipient.  If the Contributor uses a credit or debit card to make the contribution, the recipient will receive the contributed funds net of charges equal to 3.55% of the contribution plus $0.20 per transaction.  If the Contributor makes the contribution using Crowdpac’s echeck option, the recipient will receive the contributed funds net of charges equal to 0.65% of the contribution.  The fees paid to Crowdpac by each Authorized Recipient or Other Approved Recipient are in consideration of the overall benefits received by such Authorized Recipient or Other Approved Recipient from its use of the Crowdpac Platform, cover the fees charged by Crowdpac’s third-party payment processing services provider, the fees charged by Crowdpac’s third-party FEC compliance services provider, and other operating expenses of Crowdpac, and are considered by Crowdpac to be commercially reasonable and fair value for such use.  Accordingly, the FEC has advised Crowdpac that it is not making an in-kind contribution to any Authorized Recipient under 11 CFR 100.52(d).

These fees may change from time to time in Crowdpac’s sole discretion. Users may be subject to third party fees, such as insufficient fund fees, reversal fees, or ACH insufficient fund fees that a bank may charge if a contribution is rejected.

12.          Payment Investigation

Payment investigation is a process by which Crowdpac or its payment processing services provider reviews certain potentially high-risk transactions. If a contribution is subject to payment investigation, Crowdpac or its payment processing services provider will place a hold on the contribution and may provide notice to the Authorized Recipient or Other Approved Recipient. Crowdpac or its payment processing services provider will conduct a review and either clear or cancel the contribution. If the contribution is cleared, Crowdpac or its payment processing services provider will provide notice to the Authorized Recipient or Other Approved Recipient. Otherwise, Crowdpac or its payment processing services provider will cancel the contribution and the funds will be returned to the User or Contributor.  Crowdpac will provide notice to the User or Contributor by email and/or in the account history tab of his or her Crowdpac Account if the contribution is canceled.

13.          Item Hold

Crowdpac or its payment processing services provider, in its sole discretion, may place a hold on a contribution you make using the Crowdpac Platform when Crowdpac or its payment processing services provider believes there may be a high level of risk associated with the transaction. If Crowdpac or its payment processing services provider places a hold on your contribution, it will show as “pending” on the Crowdpac Platform.  Unless we receive a dispute, claim, chargeback, or reversal on the contribution subject to the hold, Crowdpac or its payment processing services provider will release the payment hold if Crowdpac or its payment processing services provider receives acceptable confirmation, is able to confirm proper delivery, or otherwise completes its investigation.

14.          Risk of Reversals

When an Authorized Recipient or Other Approved Recipient receives a contribution via the Crowdpac Platform, it is liable to the Contributor for the full amount of the contribution plus any fees payable by the Authorized Recipient or Other Approved Recipient if the contribution is later invalidated or refunded for any reason.  This means that, in addition to any other liability, an Authorized Recipient or Other Approved Recipient will be responsible for the amount of the contribution, plus applicable fees, if there is a reversal or refund of the contribution.  Each Authorized Recipient and Other Approved Recipient agrees to allow Crowdpac to recover any amounts due to Crowdpac from such Authorized Recipient or Other Approved Recipient.  Crowdpac or its payment processing services provider will contact the Authorized Recipient or Other Approved Recipient to recover the funds from the Authorized Recipient or Other Approved Recipient, and may take other legal actions to collect the amount due, to the extent allowed by applicable law.

If a User or Contributor disputes a contribution made using the Crowdpac Platform or files a claim for a chargeback, the debit or credit card issuer or the originating bank, not Crowdpac, will determine whether the dispute is valid and to whom payment is due.

15.          Account Reviews

We review account and contribution activity at various times, including when a User or Contributor initiates a transfer of funds. This review checks for, among other things, suspicious or illegal activity, and whether your account activity complies with this Agreement.

Reviews may result in:

·               delayed, blocked or cancelled contributions;

·               account suspension or termination;

·               funds being seized to comply with a court order, warrant or other legal process; and/or

·               funds an Authorized Recipient or Other Approved Recipient previously received being returned by the Authorized Recipient or Other Approved Recipient.

Among other reasons, we may take the above actions if a User or Contributor knowingly or unknowingly made a contribution from a stolen card or compromised bank account.

In connection with our review process, you may be required to provide us with additional information and/or documentation to verify your identity. We may limit or suspend your access to your Crowdpac Account until verification is completed.

D.            Using the Crowdpac Platform to Initiate Bulk Email or Text Messages

Users may use the Crowdpac Platform to initiate email or text (SMS) messages (referred to herein as “Senders”) to recipients who are on the Sender’s distribution lists (“Recipients”), and Recipients of such messages may use the Crowdpac Platform to reply to the Sender, including to opt out of receiving future emails or text messages from the Sender.  Such use of the Crowdpac Platform shall be conducted in accordance with Crowdpac’s Terms of Use and the following requirements.  Crowdpac presently charges no fee for such use of the Crowdpac Platform but does offer the following volume messaging plans.  Subscription to a Basic, Premium or Custom plan will entitle the subscribing Sender to receive commercial grade messaging services using the Crowdpac Platform and certain additional features, as noted below.

FREE

BASIC

PREMIUM

CUSTOM

$0.00

$5 per month

$12 per month

Individual Case Basis

75 SMS sends

per month

500 SMS sends

per month

1,100 SMS sends

per month

Custom SMS sends

per month

200 Email sends per month

2,000 Email sends per month

8,000 Email sends

per month

Custom Email sends

per month

1 Campaign User

3 Campaign Users

5 Campaign Users

Custom Campaign Users

Customized Campaign URLs

Customized Campaign URLs

Each Sender and Recipient represents and warrants that it eithers own or has permission to use all of the material, content, data, and information (including its personal information, the personal information of the recipients of its email or text messages, and each such recipient’s email address or mobile phone number) (“Content”) that is contained in its messages that it initiates and transmits over the Crowdpac Platform (“Sender Messages” or “Recipient Messages,” as appropriate) or which Crowdpac retrieves or accesses at the direction or with the permission of such Sender or Recipient. Senders and Recipients retain ownership of the Content that they upload to the Crowdpac Platform. We may use or disclose such Content (including any personal information therein) only as described in these Terms of Use, including Crowdpac’s Privacy Policy and Cookie Policy.

Content included in a Sender’s subscriber, customer, marketing, mailing or other distribution lists will be stored by Crowdpac in a segmented virtual data storage environment provided as a service by Amazon Web Services or another similar data storage services provider.  Crowdpac will have access to and the right to view, copy and otherwise use such Content, and the Sender shall be deemed to have authorized and consented to such access and use by virtue of uploading such Content to the Crowdpac Platform.

We may view, copy, and internally distribute Content from Sender Messages and Recipient Messages:

  • To monitor your use of the CrowdPac Platform and to review the Content you place on the Crowdpac Platform for compliance with these Terms of Use; and
  • To create algorithms and programs (“Tools”) that help us spot problem accounts and improve the Crowdpac Platform. We use these Tools to find Senders and Recipients who violate our Terms of Use or laws and to study data internally to make the Crowdpac Platform smarter and create better experiences for Senders and Recipients.

We may deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of Recipients in accordance with and as described in the Crowdpac Cookie Policy.

We may include commercial advertisements in Sender Messages and, as described in our Cookie Policy,  use cookies to track the activity of Recipients with respect to such advertisements, such as whether a Recipient clicks on a link included in such advertisements.  We then may send emails or text messages to such Recipients with additional commercial advertisements or subscription offers. 

By agreeing to these Terms of Use and using the Crowdpac Platform to transmit Sender Messages or Recipient Messages, each Sender or Recipient promises to follow our Terms of Use, including these rules:

·               No spam!

·               No use of purchased, rented, or third-party lists of email addresses.

·               No use of the Crowdpac Platform for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children's Online Privacy Protection Act, or any other applicable laws.

·               No Sender Messages or Recipient Messages that promote or incite harm toward others, that promote discriminatory, hateful, or harassing Content, or that promote or incite insurrection, secession, revolution, rebellion, etc. To this end, we may suspend or terminate your account if you send a Sender Message or a Recipient Message or otherwise distribute any Content that we determine, in our sole discretion, contains any of the following:

i.               A Threat of Physical Harm. This means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.

ii.              Hateful Content. This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.

iii.             Insurrection, Secession, Revolution, Rebellion, etc. (Insurrection).  This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, promote or incite insurrection, secession from, revolution, rebellion or similar actions or movements against or involving the United States of America, any of its 50 states, or any of its territories or the District of Columbia.

We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:

iv.            an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content, A Threat of Physical Harm, or Insurrection;

v.              a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content, A Threat of Physical Harm, or Insurrection; or

vi.            a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content, A Threat of Physical Harm, or Insurrection.

If you violate any of these rules, then we may suspend or terminate your account.

Reporting Abuse:  If you think anyone is violating any of these rules, please notify us immediately. If you received spam you think came from a Crowdpac Sender, please report it to us. 

Each Sender further agrees, represents and warrants (as applicable) to Crowdpac that:

·               Such Sender will get and maintain all necessary permissions and valid consents required to lawfully transfer Content over the Crowdpac Platform and to enable such Content to be lawfully collected, processed, and shared by Crowdpac using the Crowdpac Platform or as otherwise directed by the Sender.

·             If a Sender collects any personal information or other Content pertaining to a minor and uses such information or Content in its Sender Emails, that it has obtained valid consent for such activities according to the applicable laws of the jurisdiction in which the minor lives.

·               Such Sender will comply with all laws and regulations applicable to the Sender Messages transmitted using the Crowdpac Platform, including those relating to (a) acquiring consents (where required) to lawfully send Sender Messages to each recipient of such messages, (b) the Content of the Sender Messages, and (c) its email and text messaging deployment practices.

·               Such Sender will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws to enable Crowdpac to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of Recipients in accordance with and as described in the Crowdpac Cookie Policy.

Each Sender also agrees, represents and warrants (as applicable) to Crowdpac that each of its Sender Messages will comply with the following requirements:

·               It will not use false or misleading header information. The “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – in each Sender Message must be accurate and identify the person or business who initiated the message.

·               It will not use deceptive subject lines. The subject line must accurately reflect the content of the message.

·               It will not include any commercial advertisement or promote any commercial product or service in its Sender Messages or otherwise transmit a “commercial electronic mail message” or a “transactional or relationship message” (as such terms are defined in the CAN-SPAM Act) using the Crowdpac Platform.

·               Each Sender Message sent by email must include the Sender’s valid physical postal address. This can be the Sender’s current street address, a post office box it has registered with the U.S. Postal Service, or a private mailbox it has registered with a commercial mail receiving agency established under Postal Service regulations.

·               Each Sender Message sent by email must include a clear and conspicuous explanation of how the Recipient can opt out of getting email from the Sender in the future, including providing a return email address or another easy Internet-based way to allow Recipients to communicate their choice to the Sender.

·               Senders must honor opt-out requests promptly and in any event within 10 business days. Any opt-out mechanism must be able to process opt-out requests for at least 30 days after the Sender Message is sent. A Sender can’t charge a fee, require the Recipient to give any personally identifying information beyond an email address, or make the Recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once a Recipient has informed a Sender that they don’t want to receive more messages from the Sender, the Sender can’t sell or transfer such Recipient’s email addresses or mobile phone numbers, even in the form of a mailing list. The only exception is that a Sender may transfer the address to a company it has hired to help it comply with the CAN-SPAM Act.

1.             How to Close Your Crowdpac Account

As long as there is no pending or in progress transactions, you may close your Crowdpac Account at any time. You may close your Crowdpac Account by sending us an email with the subject line, “Closing Crowdpac Account,” and then instructing us to close your Crowdpac Account.  We will close your Crowdpac Account within a reasonable time after receiving your email with the proper subject line.  After your Crpwdpac Account is closed, you will not be able to use most of the features of the Crowdpac Platform without opening a new Crowdpac Account.  Your account and contribution history will be available to Crowdpac after your Crowdpac Account is closed, including for FEC reporting and compliance filing and other lawful purposes.

2.             Limitations on Closing Your Crowdpac Account

You may not close your Crowdpac Account to evade a payment investigation. If you attempt to close your Crowdpac Account while we are conducting an investigation, we may suspend your Crowdpac Account to protect Crowdpac or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your Crowdpac Account even after your Crowdpac Account is closed.

  • Termination

Upon termination of this Agreement for any reason, we have the right to prohibit your access to the Crowdpac Platform, including without limitation by deactivating your username and password, and cancelling your Crowdpac Account, and to refuse future access to the Crowdpac Platform by you.

G.            Additional Rules and Restrictions for Committee Accounts

The following Rules and Restrictions for Committee Accounts apply to use by an Authorized Recipient, whether a Registered Campaign, a Registered National Party Committee or a PAC, of its Crowdpac Account under this Agreement.

1.             Receiving Money

As provided by applicable law and regulation, there are limits to the amount of contributions you can receive from a particular User, which also apply to contributions a User may send using the Crowdpac Platform.

2.             Representations by Registered Campaigns, Registered National Party Committees and PACs that are Authorized Recipients

If you are an Authorized Recipient, you represent that you are duly registered as a political campaign, national party committee or a connected committee (SSF) or an unconnected political action committee with the FEC and that your employees, officers, representatives, and other agents accessing the Crowdpac Platform are duly authorized to access the Crowdpac Platform and to legally bind you to this Agreement and all transactions conducted under your username and password.

3.             Authority of Officers and Employees

If you are an Authorized Recipient, you agree that all officers, employees, agents, representatives and others having access to the username and/or password shall be vested by you with the authority to use the Crowdpac Platform and to legally bind you. You shall be responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by you, that access the Crowdpac Platform using your username and password. YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT, UNAUTHORIZED OR OTHERWISE IMPROPER USE OF YOUR PASSWORD. CROWDPAC SHALL BE ENTITLED TO RELY ON THE GENUINENESS AND AUTHORITY OF ALL INSTRUCTIONS RECEIVED BY CROWDPAC WHEN ACCOMPANIED BY SUCH PASSWORD, AND TO ACT ON SUCH INSTRUCTIONS.

III.            GENERAL TERMS AND CONDITIONS.

A.               Notices to You

You agree that Crowdpac may provide notice to you by posting it on our website (including but not limited to our online documents), or if we have your email address or street address, by emailing it to the email address listed in your account or mailing it to the street address listed in your account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent. Crowdpac’s Business Days include all days on which the New York Federal Reserve Bank is open for business. We may also provide notice when you access the Crowdpac Platform.  You will keep your contact information, including email address, up-to-date in your Crowdpac Account.

B.               Business Days

“Business Days” means Monday through Friday, excluding Holidays. “Holidays” means New Year’s Day (January 1), Birthday of Martin Luther King, Jr. (the third Monday in January), Washington’s Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Columbus Day (the second Monday in October), Veterans Day (November 11), Thanksgiving Day (the fourth Thursday in November) and Christmas Day (December 25).  If a Holiday falls on a Saturday, Crowdpac shall observe the Holiday on the prior Friday. If the Holiday falls on a Sunday, Crowdpac shall observe the Holiday on the following Monday.

C.              Legal Notices to Crowdpac

Any legal notice to Crowdpac must be sent by postal mail to: Crowdpac LLC, Attention: Legal Department, 786 Stephanie Circle, Great Falls, Virginia 22066.  You may contact Crowdpac for any non-legal purpose via the Contact Us information below or by email to support@Crowdpac.com. You consent to all notices being sent to you by Crowdpac using the most recent email address and/or physical mailing address that you provided to Crowdpac.

D.              Candidate Information on Crowdpac

Crowdpac does not warrant that candidate descriptions, ratings and reviews or any other content on Crowdpac is accurate, complete, reliable or current. Information about candidates is provided for informational purposes only and does not constitute an endorsement by Crowdpac of any candidate, campaign, cause, party or other organization.  Crowdpac is not soliciting contributions on behalf of any candidate, cause or party.  The Crowdpac Platform is available to any user, including any contributor, candidate, campaign and national political party and PAC to the extent authorized by the FEC,  provided such user satisfies Crowdpac’s requirements for use of the Crowdpac Platform, accepts this Agreement, and abides by Crowdpac’s Code of Conduct.  Crowdpac reserves the right, however, to withhold access to all or any function of the Crowdpac Platform by any person or entity for any reason.

  

E.               Intellectual Property

“Crowdpac.com,” “Crowdpac,” and all related logos, products and services described in our website and mobile applications are either trademarks or registered trademarks of Crowdpac or its licensors. You may not copy, imitate or use them without Crowdpac’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Crowdpac. You may not copy, imitate, or use them without our prior written consent. You may not alter, modify or change these Crowdpac trademarks in any way, use them in a manner that is disparaging to Crowdpac or the Crowdpac Platform or display them in any manner that implies Crowdpac’s sponsorship or endorsement. All right, title and interest in and to the Crowdpac Platform is the exclusive property of Crowdpac and its licensors.

Certain other product or service names, brand names and trade names may be trademarks of their respective owners.

F.               Privacy

Protecting your privacy is very important to us. Please review our Privacy Policy at https://www.Crowdpac.com/privacy-policy, which is incorporated into this User Agreement by this reference, in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

G.              Children’s Privacy

Protecting the privacy of young children is especially important. For that reason, we do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow anyone under 13 to register for the Crowdpac Platform. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal or payment information to us through the Crowdpac Platform. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at the information provided below in the “Contact Us” section.

H.              Loss or Theft of Account Information, PIN, and Mobile Device

If you believe that any of your Crowdpac Account registration information, PIN or mobile device containing the Crowdpac App has been lost or stolen, or if your Crowdpac Account history shows transfers that you did not make, immediately contact Crowdpac via the Contact Us information below or by email to support@Crowdpac.com.

I.                 Resolution Procedures for Unauthorized Contributions and Other Errors

The following terms and conditions apply with respect to all uses of the Crowdpac Platform.

1.             Unauthorized Contributions and Other Errors

When an Unauthorized Contribution (defined below) or Other Error (defined below) occurs in your account, including Unauthorized Contributions that occur because your Crowdpac mobile-activated phone has been lost or stolen, Crowdpac will assist you in notifying the Authorized Recipient or Other Approved Recipient of such Unauthorized Contribution or Other Error and requesting that the full amount of your Unauthorized Contribution or Other Error be refunded to you as long as you follow the procedures discussed below.  As provided below in Section III.P (No Liability of Crowdpac for Contribution Failures), Section III.Q (Disclaimers of Warranty; Damages Exclusions) and Section III.R (Limitations on Liability), Crowdpac’s liability for Unauthorized Contributions and Other Errors, and to users of Crowdpac in general, is limited to the fullest extent permitted by applicable law.

An “Unauthorized Contribution” is a type of error that occurs when money is sent from your funding source that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your account, and sends a contribution from your funding source, an Unauthorized Contribution has occurred. However, if you give someone access to your account (for example, by giving them your login information) and they conduct transactions without your knowledge or permission, you are responsible for any resulting use. Such transactions are not considered Unauthorized Contributions.

In addition, “Other Errors” occur when contributions are incorrectly recorded in your account. Routine inquiries about your contributions or the status of a pending contribution are not considered Unauthorized Contributions or Other Errors unless you expressly notify us of an Unauthorized Contribution or Other Error in connection with the contribution. Requests for information for tax or other recordkeeping purposes and requests for duplicate documentation also are not deemed to be Unauthorized Contributions or Other Errors. You may request documentation or information regarding your Crowdpac Account to determine whether an Unauthorized Contribution or Other Error exists by contacting us through the “Contact Us” link on the Crowdpac website.

2.             Notification Requirements

You should immediately notify Crowdpac if you believe:

You should regularly log into your Crowdpac Account and review your contribution history to ensure that there has not been an Unauthorized Contribution or Other Error.  Crowdpac will also send an email to your primary email address on file in order to notify you of each contribution you make.  You should review those emails to ensure that each contribution was authorized and is accurate.

For Unauthorized Contributions or Other Errors in your Crowdpac Account, notify us as follows:

  • By contacting to us as directed the “Contact Us” tab below; or
  • By emailing us at support@Crowdpac.com.

When you notify us, provide us with all of the following information:

  • Your name, and the email address and phone number registered to your Crowdpac Account;
  • A description of any suspected Unauthorized Contribution or Other Error and an explanation of why you believe it is incorrect or why you need more information to identify the transaction; and
  • The dollar amount of any suspected Unauthorized Contribution or Other Error.

During the course of our investigation, we may request additional information from you.

3.               Crowdpac Actions After Receipt of your Notification

Once you notify us of any suspected Unauthorized Contribution or Other Error, or we otherwise learn of one, we will do the following:

J.                Restricted Activities

In connection with your use of our website, your Crowdpac Account, or the Crowdpac Platform, or in the course of your interactions with Crowdpac, another user of Crowdpac or a third party, you will not:

K.             Legal Compliance

You agree you will not use the Crowdpac Platform to violate any law, statute, ordinance, or regulation.  You are solely responsible for ensuring that your use of the Crowdpac Platform is in conformance with applicable federal, state and local laws and regulations.

L.             Your Liability

If Crowdpac incurs any damages because you breach this Agreement, violate our Code of Conduct (which may be found on the home page of our website at https://www.Crowdpac.com/code-of-conduct) or other policies, break any laws, or otherwise cause Crowdpac to suffer any damages or incur any expenses then we may take legal action against you to recover our losses, investigation costs, fines, or legal fees we may incur. You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Crowdpac, a Crowdpac user, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Crowdpac Platform. You agree to reimburse Crowdpac, a user, or a third party for any and all such liability.

You acknowledge that you are responsible for the accuracy of all contributions made using the Crowdpac Platform, including but not limited to the accuracy of the amount paid and the recipient. Crowdpac shall not be responsible or in any way held liable due to inaccurate payment of contributions, including but not limited to making a contribution in the wrong amount or to the wrong Authorized Recipient, Other Approved Recipient or Earmarked Account.

M.            Actions by Crowdpac

If we have reason to believe that you have engaged in any restricted activities, made excessive or unexplainable transactions, violated any parts of this Agreement, violated Crowdpac’s Code of Conduct, or provided any incorrect information, we may take various actions to protect Crowdpac, another Crowdpac user, a third party, or you. The actions we may take include but are not limited to the following:

N.            Account Closure, Termination of Account, or Limited Account Access

Crowdpac, in its sole discretion, reserves the right to terminate this Agreement, access to its website, and access to the Crowdpac Platform for any reason and at any time with or without notice to you.

If we limit or close your Crowdpac Account or terminate your use of the Crowdpac Platform for any reason, you may contact us and request restoration of access if appropriate. However, if we deem you violated this Agreement, including Crowdpac’s Code of Conduct, such restoration is at our sole discretion.

You may stop using the Crowdpac Platform at any time and may close your Crowdpac Account by contacting us.

O.              Disputes with Crowdpac

1.               Notice of Dispute

If a dispute arises between you and Crowdpac, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Crowdpac regarding your use of the Crowdpac Platform may be reported by emailing us at the following email address:  support@Crowdpac.com. 

2.               Law and Forum for Disputes; Arbitration

This User Agreement shall be governed in all respects by the laws of the District of Columbia, without regard to conflict of law provisions, except to the extent that federal law applies.

ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS USER AGREEMENT MUST BE ASSERTED INDIVIDUALLY IN BINDING ARBITRATION CONDUCTED BY A SINGLE ARBITRATOR WITH EXPERIENCE IN CONSUMER ONLINE PAYMENT SERVICES DISPUTES ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE AAA SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. The forum for arbitration shall be in the city closest to your residence having a federal district courthouse. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. To the extent allowed by applicable law, the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this User Agreement including, but not limited to, any claim that all or any part of this User Agreement is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any non-frivolous claim, Crowdpac will pay the costs of the arbitration (but not your attorney fees), up to $3,000.

This User Agreement and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act shall apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings.

There are only two exceptions to this agreement to arbitrate. First, if we reasonably believe that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in Washington, D.C., if the claim and the parties are within the jurisdiction of the small claims court. For these two exceptions, you agree to submit to the personal jurisdiction of the courts located within the District of Columbia for the purpose of litigating such claims or disputes.

3.               Waiver of Right to Jury; Class Action Waiver

TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

P.               No Liability of Crowdpac for Contribution Failures

Crowdpac will not be liable if a contribution made using the Crowdpac Platform is not completed or made on time or in the correct amount except to the extent required by law.  Crowdpac will not be liable:

  • If, through no fault of Crowdpac’s, you do not have enough money in your bank account or sufficient credit remaining on your credit card to make the intended contribution;

Q.            Disclaimers of Warranty; Damages Exclusions

Unless otherwise prohibited by law, you assume all responsibility for your use of the Crowdpac Platform and use it at your own risk. To the fullest extent permissible under applicable law, all such representations, warranties, guarantees and conditions are disclaimed, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of intellectual property rights, or other terms which might otherwise be implied by statute, common law or in equity. Crowdpac LLC does not warrant that the Crowdpac Platform will be uninterrupted or error-free, that defects will be corrected, or that the Crowdpac Platform, or the servers that process information for the Crowdpac Platform, are free of viruses, bugs or other harmful components. On behalf of Crowdpac LLC, Covered Third Parties, and each of our respective affiliates, vendors, agents and suppliers, Crowdpac LLC makes the following disclaimers set forth in this section: the Crowdpac Platform is provided on an “as is”, “as available” and “with all faults” basis, without any representations, warranties, guarantees, or conditions of any kind, express, implied or statutory, including, but not limited to, any warranty as to the use or operation of the Crowdpac Platform, or the information, content or other materials related to the Crowdpac Platform, whether provided by Crowdpac LLC, any third party, or any of the Covered Third Parties. Neither Crowdpac LLC, nor any third party, nor any of the Covered Third Parties warrant nor make any representations regarding the use or the results of the use of the Crowdpac Platform in terms of correctness, accuracy, timeliness, reliability, or otherwise. You assume the entire cost of all necessary maintenance, repair, or correction to any equipment you use in accessing the Crowdpac Platform, including, but not limited to, your mobile phone or other device.

CROWDPAC LLC IS NOT LIABLE FOR THE CONSEQUENCES OF YOU CHOOSING TO SHARE ANY CONTRIBUTION OR PLEDGE DETAILS ON SOCIAL MEDIA OR WITHIN THE CROWDPAC PLATFORM, AND YOU AGREE TO HOLD CROWDPAC LLC HARMLESS AND INDEMNIFY CROWDPAC LLC FROM ANY LIABILITY arising from the actions or inactions of any external social media network in connection with the permissions you grant to the external social media network.

NONE OF CROWDPAC LLC, ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, THE COVERED THIRD PARTIES, OR ANY OF THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS OR SUPPLIERS) WILL BE LIABLE FOR, AND YOU AGREE NOT TO SEEK AGAINST ANY OF THE FOREGOING, ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE CROWDPAC PLATFORM, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM THE USE OF CROWDPAC PLATFORM, LOSS OF USE OF THE CROWDPAC PLATFORM, LOST DATA, LOST PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE CROWDPAC PLATFORM, ANY DELAYS IN THE CROWDPAC PLATFORM, OR THE INABILITY TO USE THE CROWDPAC PLATFORM, OR ANY PORTION THEREOF, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ALL OR ANY OF US HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Crowdpac LLC does not have any control over any Authorized Recipient or Other Approved Recipient that receives contributions through the Crowdpac Platform or the associated candidates, and Crowdpac LLC cannot ensure that any Authorized Recipient or Other Approved Recipient to which you have made a contribution will actually accept the contribution or that the associated candidate will maintain any rating or otherwise take or not take any action.

Crowdpac LLC will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Crowdpac LLC makes no representations or warranties regarding the amount of time needed to complete processing because Crowdpac is dependent upon many factors outside of our control, such as delays in the banking system or the U.S. mail service.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

R.            Limitations on Liability

Except as otherwise EXPRESSLY provided in this Agreement, and to the extent permissible under applicable law, Crowdpac LLC’s cumulative liability to you for any claims or damages arising out of or related to your use of the Crowdpac Platform for which Crowdpac is found liable shall not exceed the amount of the fees you paid to Crowdpac LLC (ie., excluding third party fees you paid) for your use of the Crowdpac Platform during the twelve months immediately preceding the month in which your claim occurred.

These limitations on liability apply to: anything related to the Crowdpac Platform or any application or content made available through the Crowdpac Platform; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. These limitations on liability also apply even if a refund of the contribution does not fully compensate you for any losses; or Crowdpac LLC, any third party (including, without limitation, any Covered Third Party) knew or should have known about the possibility of the damages.

These limitations on liability will apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

S.             License Grant

Certain of the features of the Crowdpac Platform require the use of software and software applications provided to you by Crowdpac LLC (collectively “Software”). Crowdpac LLC and its licensors grant you a limited, nonexclusive license to use Crowdpac LLC’s Software in the United States that we provide to you solely in accordance with this Agreement and any user documentation we may provide, including all updates, upgrades, new versions and replacements of the Software (all of which become part of the “Software”) for your personal use only in accordance with this Agreement. If the Software will be downloaded to a mobile device, this license extends to your use of the Software on a device that you own or control, as long as your use is permitted by the usage rules set forth for your particular device (for example, the Apple App Store Terms of Use). You may not rent, lease or otherwise transfer your rights in the Software to a third party. You must comply with the implementation and use requirements for the Software contained in this Agreement or in any Crowdpac Platform documentation we provide to you. If you do not comply with such implementation and use requirements, you will be liable for all resulting damages suffered by you, Crowdpac LLC or any third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to the Software are owned by Crowdpac LLC. Your rights to use the Software cease immediately upon termination of this Agreement and you must delete all of your copies of the Software.

T.             Indemnification and Release of Crowdpac

You agree to defend, indemnify and hold harmless Crowdpac LLC and its affiliates, officers, directors and employees from any claim or demand (including any damages, losses, expenses and attorney’s fees resulting therefrom) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Crowdpac Platform.

If you have a dispute with one or more Authorized Recipients relating to your contributions, Crowdpac LLC is not responsible for any such dispute and you hereby release Crowdpac LLC (and our officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

U.            Assumption of Rights

If Crowdpac LLC makes a payment to you for a claim, reversal or chargeback that you file with us against a recipient of your contribution, you agree that Crowdpac LLC assumes your rights against the recipient and third parties related to the contribution, and may pursue those rights directly or on your behalf, in Crowdpac LLC’s discretion.

V.             Modification of Terms

We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it unless it contains material changes. If we make changes to our Agreements with you that either reduce your rights or increase your responsibilities, we will provide 21 days’ notice to you before the changes become effective. By using the Crowdpac Platform after a new Agreement has been posted, you agree to the revised Agreement.

W.           Survival

In the event of termination of this Agreement or the Crowdpac Platform, the terms in this Agreement that by their nature are continuing shall survive such termination, including but not limited to the disclaimers and limitations of liabilities.

X.             Force Majeure

We shall not be liable for any delay or failure in the performance or in delivery or shipment of materials, or for any damages suffered by you by reason of such delay or failures, directly or indirectly caused by or in any manner arising from or connected with acts of God, acts of public enemies, riots, strikes, acts of governmental agencies, labor difficulties, failure of our power, telecommunications or other suppliers, delays in securing or shortages of raw materials, breakdown or destruction of any system or equipment, or any other cause or causes beyond our control, whether or not similar to those enumerated herein.

Y.             Miscellaneous

This Agreement and other documents (including but not limited to the Privacy Policy) referenced in or linked to this Agreement, which are hereby incorporated herein and made a part of this Agreement by this reference, contain yours and our entire Agreement regarding your use of the Crowdpac Platform. If any provision of this Agreement is deemed to be illegal or unenforceable, such provision shall be enforced to the extent possible, and any remaining illegality or unenforceability will not affect the validity or enforceability of any other provisions of this Agreement, which together will be construed as if such illegal or unenforceable provision had not been included in this Agreement. Any legal action arising out of your use of the Crowdpac Platform must be brought within one year after the cause of action has arisen. The section headings in this Agreement are for convenience of reference only and are not to be considered as parts, provisions or interpretations of this Agreement. You may not transfer or assign any rights or obligations you have under this Agreement without Crowdpac’s prior written consent. Crowdpac reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches.

Z.             Independent Contractors

The parties agree they are independent contractors to each other in performing their respective obligations hereunder. Nothing in this Agreement or in the working relationship being established and developed hereunder shall be deemed or is intended to be deemed, nor shall it cause, the parties to be treated as partners, joint venturers, or otherwise as joint associates for profit.

HOW TO CONTACT US

If you have questions or concerns regarding this Agreement or your Crowdpac Account, or any feedback that you would like us to consider, please contact us at https://www.Crowdpac.com/contact-us. You may also write to us at Crowdpac LLC, 786 Stephanie Circle, Great Falls, Virginia 22066.

Crowdpac LLC presently uses the payment processing services of Democracy Engine.  All money transmission is provided by Crowdpac LLC pursuant to its agreement with Democracy Engine.

Copyright © Crowdpac LLC 2021.



Effective date of this version: March 5, 2020