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.

Valid as of December 5, 2019                                

This User Agreement (“Agreement”) is a contract between you 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/priva... and is incorporated in this Agreement by this reference.

 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 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. 

The Crowdpac Platform enables the following activities:

·      Constituents may send contributions and may make pledges using Crowdpac’s payment processing service to Registered Campaigns, Registered National Party Committees and 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.

·      Constituents may form Groups and may solicit contributions (including Earmarked Contributions) and pledges to such Groups or to Registered Campaigns and Future Nominees promoted by a Group.

·      Using Crowdpac’s payment processing service, Constituents 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).

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.             Permitted Use of the Crowdpac Platform.

1.             Compliance with Federal Election Laws and Regulations and Crowdpac’s Code of Conduct.

Crowdpac abides by U.S. 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”). All users of the Crowdpac Platform agree to abide by such laws as a condition of their use of the Crowdpac Platform.

Accordingly, the Crowdpac Platform allows the following activities:

  • Eligible individuals, as defined by the U.S. Federal Election Commission (the “FEC”), 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 individuals who are eligible to make such contributions and pledges under applicable local, state and US law, including the regulations of the FEC (“Constituents”).
  • Constituents 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.

    Constituents and Authorized Recipients, using the Crowdpac Platform, also may form Groups on the Crowdpac Platform, and may solicit contributions (including Earmarked Contributions) and pledges from other Constituents.  Contributions by Constituents to Authorized Recipients, contributions by PACs to other Authorized Recipients, and Earmarked Contributions by Constituents to Future Nominees are not directed by Crowdpac.    

    Crowdpac LLC attempts to verify the identity of all users of the Crowdpac Platform to ensure that they are who they say they are. It is the user’s responsibility, however, to determine if they meet the FEC requirements to be a Constituent, a Registered Campaign, a Registered National Party Committee or a PAC.  We do not guarantee the identity of any user of the Crowdpac Platform, including any Constituent or any Authorized Recipient.  We also do not guarantee that a Constituent using the Crowdpac Platform to make a contribution or pledge can or will make the contribution or that the Authorized 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.  Constituents 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.

    Users of the Crowdpac Platform also agree to abide by Crowdpac’s Code of Conduct which prohibits abusive behavior, harrassment, 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 conditions of use will result in the suspension or cancellation of your Crowdpac Account and your use of the Crowdpac Platform.

    2.             Eligibility to be a Constituent and to use the Crowdpac Platform

    If you are a Constituent, 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 Constituents, and (4) to form Groups on the Crowdpac Platform and to solicit campaign contributions (including Earmarked Contributions) and pledges from other Constituents through solicitations to Group participants.  Constituents will not be permitted to make a contribution to an Unauthorized Recipient, however.  The Crowdpac Platform will treat a Constituent’s attempt to make a contribution to an Unauthorized Recipient, including Earmarked Contributions to a Future Nominee, as your intent to make such contribution if and when the Unauthorized Recipient becomes an Authorized Recipient and satisfies any conditions to the contribution.  

    In order to be eligible to make a campaign contribution using the Crowdpac Platform, a Constituent must be an individual and make the contribution from his or her own funds.  Those funds may not be provided to the Constituent by another person or entity for the purpose of making the contribution. The Constituent 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 Constituent 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 Constituent’s identity must be verified, Crowdpac may suspend a Constituent’s Crowdpac Account until that Constituent complies with Crowdpac’s identity verification requirements.  Reasons for further identity verification include suspicious activity involving a Constituent’s Crowdpac Account, any indication that a Constituent may not be who he or she states, and any indication that a Constituent may be a foreign national.  Crowdpac also will require further identity verification if an Authorized Recipient or any governmental authority requests that a Constituent’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.             Constituents under the age of 18 

    If a Constituent is under the age of 18, additional restrictions apply. If a Constituent is a minor (under the age of 18), then such minor Constituent 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.

    4.             Registered Campaigns

    In order for a Registered Campaign to be an Authorized Recipient, you (1) must be a “principal campaign committee” (as defined by the FEC) and 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 and (2) must accept this Agreement.  Please see Part II.I below for a description of the processing and fees for contributions made to Authorized Recipients using the Crowdpac Platform.

    5.             Registered National Party Committees

    In order for a Registered National Party Committee to be an Authorized Recipient, you (1) must be the “national political party committee” (as defined by the FEC) and 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 and (2) must accept this Agreement.   Please see Part II.I below for a description of the processing and fees for contributions made to Authorized Recipients using the Crowdpac Platform.

    In order for a Political Action Committee or PAC to be an Authorized Recipient, you (1) must be a connected committee” (an “SSF”) or an “unconnected committee” (as such terms are defined by the FEC) and registered with the FEC as such and (2) must accept this Agreement.  Please see Part II.I below for a description of the processing and fees for contributions made to Authorized Recipients using the Crowdpac Platform.

    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, any Constituent, any Authorized Recipient, or any other person using Crowdpac.

    8.             Additional Information 

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

    B.             Eligibility and Account Registration

    1.             Constituents.

    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 register as a Constituent and to create and use a Crowdpac Account, Crowdpac LLC requires that you submit to Crowdpac 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 upon registration and at all other times will be true, accurate, current and complete, and you agree to maintain and update this Personal Information with Crowdpac LLC as necessary.

    2.             Registered Campaigns

    For a Registered Campaign to be eligible to receive a campaign contribution from a Constituent and PACs made using the Crowdpac Platform (including Earmarked Contributions), a Registered Campaign must (1) be the principal campaign committee of a candidate for federal office that has satisfied the FEC requirements for registration and has obtained an FEC Campaign Identification Number, (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 Authorized Recipient.  As further detailed in our Privacy Policy, in order for a Registered Campaign to to become an Authorized Recipient for purposes of this Agreement and to create and use a Crowdpac Account, Crowdpac LLC requires that an authorized officer of a 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 upon registration and at all other times will be true, accurate, current and complete, and you agree to maintain and update this Personal Information with Crowdpac LLC as necessary.

    3.             Registered National Party Committees

    For a Registered National Party Committee to be eligible to receive a campaign contribution from a Constituent made using the Crowdpac Platform, a Registered National Party Committee must (1) be the principal national committee of a political party that has satisfied the FEC requirements for registration and has obtained an FEC Campaign Identification Number, (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 Authorized Recipient. 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 requires that an authorized officer of a 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 upon registration and at all other times will be true, accurate, current and complete, and you agree to maintain and update this Personal Information with Crowdpac LLC as necessary.

    4.             Political Action Committees

    For a PAC to be eligible to receive a campaign contribution from a Constituent made using the Crowdpac Platform or to make campaign contributions to other Authorized Recipients using the Crowdpac Platform, a PAC must (1) be an SSF or an unconnected political action committee that has satisfied the FEC requirements for registration and has obtained an FEC identification number, (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 Authorized Recipient. 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 requires that an authorized officer of a 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 upon registration and at all other times will be true, accurate, current and complete, and you agree to maintain and update this Personal Information with Crowdpac LLC as necessary.

    C.            Earmark Accounts

    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 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 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).  

    D.            Identity Authentication

    You hereby authorize Crowdpac, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your account information and, for Committee Accounts, your FEC identification number. This may include asking you for further information and/or documentation about your account 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.

    E.             Contribution History

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

    F.             Making Contributions and Pledges

    1.             You Control Your Crowpac Account

    After you have registered as a Constituent, you will be able to make campaign contributions and pledges to Authorized Recipients (including Earmarked Contributions to Future Nominees) using the Crowdpac Platform in accordance with this Agreement.  Each Constituent may have only one Crowdpac Account.  You control your Crowdpac Account and have sole power to direct your campaign contributions and pledges provided you are in compliance with this Agreement.

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

    A Constituent may use the Crowdpac Platform (i) to make a one-time campaign contribution in a specified amount to an Authorized Recipient, (ii) to make a commitment to an Authorized 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) that he or she intends to make one or more contributions to it, which contributions 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 Constituent 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 Constituent 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 Constituent to an Authorized Recipient. A Constituent will not be permitted to make one-time contributions to Unauthorized Recipients using the Crowdpac Platform; instead, the Crowdpac Platform will treat a Constituent’s attempt to make a contribution to an Unauthorized Recipient as such Constituent’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 Constituent to an Authorized 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 from a Constituent’s designated preferred funding source as previously provided to Crowdpac in accordance with the specified schedule unless the Constituent changes, alters, or cancels the scheduled contribution or the Authorized 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 Part II.F.2.i, the Crowdpac Platform will treat a Constituent’s attempt to make a one-time contribution to an Unauthorized Recipient using the Crowdpac Platform as such Constituent’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 for the benefit of the Authorized Recipient from a Constituent’s designated preferred funding source as previously provided to Crowdpac if and when the Unauthorized Recipient becomes an Authorized Recipient unless the Constituent 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, and (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.

    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 Constituent 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 Constituent 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 Pledges.  Constituents 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 Constituent 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 Constituent 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 Constituent 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; Constituent Ratings.  We may, at our discretion, impose limits on the number of pledges a Constituent makes 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 Constituent to an Earmark Account established by Crowdpac to hold contributions from Constituents 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 Constituent 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 Constituent 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.

    G.            Sharing Your Contribution History

    The Authorized Recipient receiving your contribution will list your contribution in its required FEC reporting in accordance with federal election law.

     

    H.            Contribution Authorizations and Processing

    When you make a contribution to an Authorized Recipient, you are providing Crowdpac or 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 Constituent Account.  Your contribution will be held as pending in your Constituent Account until Crowdpac processes it, which may not occur immediately depending on the Constituent, the Authorized Recipient or Future Nominee, 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 Constituent Account was credited with the amount of your intended contribution. Once your contribution is validated by Crowdpac, Crowdpac’s third-party 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 and then ultimately to the bank account registered with Crowdpac by the Authorized Recipient.  For contribution commitments and pledges, we may request an authorization for what you estimate to be your entire contribution amount.  A Constituent 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 bank account or to the Earmarked Account.  Once a contribution is transferred to an Authorized Recipient’s bank account or to an Earmarked Account, the contribution cannot be reversed by the Constituent using the Crowdpac Platform.  A Constituent must contact the Authorized Recipient regarding any requested refund of a contribution to such Authorized Recipient, which refund is in the sole discretion of the Authorized Recipient, or Crowdpac regarding any requested refund of an Earmarked Contribution, which refund request will be timely processed by Crowdpac.

    1.             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 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.  When you use a credit card or debit card to make a contribution, you will be charged the standard 2.9% fee plus $0.20 per transaction charged by Crowdpac’s third-party payment processing services provider.  You will be notified of this charge before you complete your credit card or debit card transaction.  This charge will be in addition to and will not reduce the amount of your intended contribution.  You will pay no fee or charge when your contribution is funded through an ACH bank account transfer.   

    2.             Funding Source Limitations

    In order to manage risk, Crowdpac 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.

    3.             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 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.

    4.             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.

    5.             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.

    6.                Refused and Refunded Transactions

    When you make a contribution, the Authorized 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 liable for any damages resulting from a decision by an Authorized Recipient not to accept or to refund your contribution made through the Crowdpac Platform.

    If an Authorized 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 has not transferred your contribution from its Committee Account to its bank account, Crowdpac’s third-party payment processing services provider will cancel or reverse your contribution and will return your contribution, without reduction for Crowdpac’s 3% per transaction processing fee, to your Constituent Account.  If the Authorized Recipient has transferred your contribution from its Committee 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 will be responsible for returning your contribution to you.  Crowdpac’s 3% per transaction fee paid by the Authorized Recipient is nonrefundable once the Authorized Recipient transfers your contribution from its Committee Account to its bank account.

    Until the Authorized Recipient transfers your contribution from its Committee Account to its bank account, a hold may be placed on your contribution and Crowdpac’s 3% per transaction fee.  Provided the Authorized Recipient has not transferred your contribution from its Committee Account to its bank account, we will return any refused or refunded contribution to you through the Crowdpac Platform promptly after the Authorized Recipient informs Crowdpac of its election not to accept or to refund your contribution.

    I.               Fees for Making Contributions and Using the Crowdpac Platform

    When a credit card or debit card is used to make a contribution to an Authorized Recipient, a Constituent will be charged the standard 2.9% fee plus $0.20 per transaction charged by Crowdpac’s third-party payment processing services provider.  This charge will be in addition to and will not reduce the amount of your intended contribution. There is no fee or charge payable by a Constituent when his or her contribution is funded through an ACH bank account transfer. There also is no fee or charge payable by a Constituent when his or her contribution is transferred to an Authorized Recipient; instead, the Authorized Recipient receiving such contribution will pay Crowdpac a fee equal to 3% of the transferred amount.   

    When funds for a Constituent’s contribution are transferred from a Constituent Account to an Authorized Recipient’s Committee Account via the Crowdpac Platform, the Authorized Recipient receiving such contribution will pay Crowdpac a fee equal to 3% of the transferred amount.  The fees paid to Crowdpac by each Authorized Recipient are in consideration of the overall benefits received by such Authorized Recipient from its use of the Crowdpac Platform 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. You also 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.

    J.              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. 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. Otherwise, Crowdpac or its payment processing services provider will cancel the contribution and the funds will be returned to the Constituent.  Crowdpac will provide notice to the Constituent by email and/or in the account history tab of his or her Crowdpac Account if the contribution is canceled.

    K.             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” in your Crowdpac Account.  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.

    L.             Risk of Reversals

    When an Authorized Recipient receives a contribution via the Crowdpac Platform, it is liable to the Constituent for the full amount of the contribution plus any fees payable by the Authorized Recipient if the contribution is later invalidated or refunded for any reason.  This means that, in addition to any other liability, an Authorized 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 agrees to allow Crowdpac to recover any amounts due to Crowdpac from such Authorized Recipient.  Crowdpac will contact the Authorized Recipient to recover the funds from the Authorized Recipient, and may take other legal actions to collect the amount due, to the extent allowed by applicable law.

    If a Constituent 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.

    M.            Account Reviews

    We review account and contribution activity at various times, including when a Constituent 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 previously received being returned by the Authorized Recipient.

    Among other reasons, we may take the above actions if a Constituent 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.

    N.            Closing Your Crowdpac Account

    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 logging into your account from a web browser, clicking on the “Settings” tab, clicking on the “Cancel my Crowdpac Account” link, and then following the instructions.

    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.

    O.            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.

    P.             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 Constituent, which also apply to contributions a Constituent 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.

    Q.            Solicitations and Other Messaging

    Constituents and Authorized Recipients may use the Crowdpac Platform to solicit contributions and pledges from Constituents to Registered Campaigns, Registered National Party Committees and Future Nominees. When using this functionality of the Crowdpac Platform, Constituents and Authorized Recipients must abide by Crowdpac’s Code of Conduct which prohibits abusive behavior, harrassment, hate speech and other unacceptable conduct.  Please read Crowdpac’s Code of Conduct, which can be found on our home page at Crowdpac.com.  Solicitations of contributions by Constituents and Authorized Recipients using the Crowdpac Platform must comply with applicable federal and state election laws and the applicable regulations of the FEC.  Each Constituent and Authorized Recipient that uses the Crowdpac Platform to solicit contributions and pledges is solely responsible for complying with such laws and regulations.

    R.            Modifications

    We may add, change, suspend or eliminate any or all Crowdpac Account-related 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 User Agreement or any other agreement in force between you and Crowdpac or its affiliates.

    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 contributor, candidate, campaign and national political party and PAC to the extent authorized by the FEC and 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 Registered Campaign, Registered National Party Committee or PAC 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 Registered Campaign, Registered National Party Committee, PAC 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:

      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 Registered Campaign, Registered National Party Committee or PAC that receives contributions through the Crowdpac Platform or the associated candidates, and Crowdpac LLC cannot ensure that any Registered Campaign, Registered National Party Committee or PAC 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 2019.



      Effective date of this version: December 5, 2019