Terms and Conditions of Use 

The Terms and Conditions of Use was last updated on August 21, 2024.

  

 THESE TERMS AND CONDITIONS OF USE (THE “TERMS”) SHALL APPLY TO YOUR USE OF OUR WEBSITE WWW.GIVEFEELS.COM, OUR WEB APPLICATION AND ANY SOFTWARE AND SERVICE PROVIDED THROUGH ANY OF THE FOREGOING (THE “APPLICATION”) WHETHER YOU ARE AN INDIVIDUAL CREATING AN ACCOUNT FOR YOUR PERSONAL USE OR ARE CREATING THE ACCOUNT ON BEHALF OF AN ORGANIZATION. BY USING THE APPLICATION, YOU AGREE TO THE FOLLOWING TERMS, INCLUDING, BUT NOT LIMITED TO, THE SUBMISSION OF FUNDS TO A DONOR ADVISED FUND FOR CONTRIBUTION TO ONE OR MORE CHARITABLE ORGANIZATIONS, AND THE COMPANY’S PRIVACY POLICY, THE TERMS OF WHICH ARE INCORPORATED HEREIN. 

IF YOU DO NOT ACCEPT THESE TERMS, DO NOT ACCESS THE APPLICATION.  IF YOU ARE ATTEMPTING TO USE THE APPLICATION ON BEHALF OF AN ORGANIZATION BUT DO NOT HAVE LEGAL AUTHORITY TO ACT ON BEHALF OF THE ORGANIZATION, DO NOT ACCESS THE APPLICATION.

THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND FEELS, LLC, A LOUISIANA LIMITED LIABILITY COMPANY (THE “COMPANY,” “US” OR “WE”).  THE COMPANY RESERVES THE RIGHT TO LIMIT YOUR USAGE OF THE APPLICATION OR TERMINATE YOUR USAGE OF THE APPLICATION IF YOU DO NOT COMPLY WITH THE TERMS CONTAINED HEREIN. 

THE COMPANY RESERVES THE RIGHT TO CHANGE OR OTHERWISE MODIFY THESE TERMS, INCLUDING THE PRIVACY POLICY, AT ANY TIME WITHOUT PRIOR NOTICE.  YOU ARE RESPONSIBLE FOR REVIEWING ANY CHANGES IN THE TERMS AT SUCH TIMES AS YOU MAY DEEM NECESSARY.  YOUR CONTINUED USE OF THIS APPLICATION OR THE WEBSITE AFTER ANY SUCH CHANGES SHALL CONSTITUTE YOUR APPROVAL OF ANY SUCH CHANGES.

THIS APPLICATION IS FOR USE FROM THE UNITED STATES OF AMERICA AND IS NOT INTENDED TO BE USED BY, NOR IS IT CURRENTLY OFFERED TO, PERSONS IN THE EUROPEAN UNION OR ITS MEMBER STATES.  IF YOU ARE RESIDING OUTSIDE OF THE UNITED STATES OF AMERICA, YOU MAY NOT USE THE APPLICATION.

 

Privacy Policy

By agreeing to these Terms, you are agreeing to the Company’s Privacy Policy, a copy of which can be found here: www.givefeels.com/privacy-policy or on the Application itself.  The Privacy Policy may be amended from time to time.  In order to use the Application, you must create an account and provide certain information to us.  As a condition to creating an account, you acknowledge that you have read the Privacy Policy and consent to the collection, storage, use and disclosure of personal information and other data described in the Privacy Policy.  The Company makes no express or implied warranty that the Company can prevent the unauthorized access or disclosure of your information.

If you register for an account with the Company on the Application (a “Customer Account”), you will be required to provide the Company with complete and accurate user information, including but not limited to current credit card information for at least one credit card that you are authorized to use.  When you create a Customer Account, the Application will generate your Profile Page where you can include a picture or logo and indicate your preferred Charities.  You have the option to make your Profile Page public or private. Your credit card information will be stored and used by the Company’s third party payment processor, and you acknowledge that by contributing a donation, you are agreeing to any and all applicable terms set forth by our payment partner.  

If you give Feels, you will be required to enter the name and email address of the recipient.  By providing this information to us, you represent and warrant that you have the requisite authority and permissions to provide the information and to authorize our contact of the recipient.  

By registering for a Customer Account and providing credit card information, you authorize the Company (or its processors) to bill your credit card for the applicable fees associated with your use of the Application, including but not limited to requested donations and related transaction fees. By continuing to use the Application, you reaffirm that the Company (or its processors) has the right to bill your credit card for the requested donations and applicable fees. You shall defend, indemnify and hold the Company harmless from any and all costs, expenses and claims (including reasonable attorneys’ fees) relating to, or incurred by the Company, for collecting any amount from you that is not paid when due.  If any such donation is declined or refused, you will be contacted using the information provided by you to the Company.  It is your responsibility to update any credit card information and provide that to the Company through your User Account.  If the Company does not receive payment from your credit card provider, then you agree to pay all amounts due to the Company upon demand, including any fees charged by your credit card company.   

You agree that the Company may terminate your Customer Account or otherwise deny your access to the Application at any time for any reason or for no reason, including without limitation (i) too many attempts to access your Customer Account, (ii) your violation of law or the Terms or our Privacy Policy, (iii) the dissolution or other event relating to the Company, (iv) any fraudulent activity by you with respect to the Application, or (v) inactivity with respect to your Customer Account for a period of six (6) months or longer. The Company also reserves the right to decline or otherwise refuse to process any donation submitted by you.  

 

Services

The Company offers the Application as a platform to allow individuals and organizations to contribute monetary donations to a donor advised fund (the “Fund”) and to request that the Fund contribute certain amounts to one or more charitable organizations (“Charities”). The Company is not a broker, financial institution, creditor, charity, nonprofit or other Internal Revenue Code (the “Code”) Section 501(c)(3) organization. 

There are no fees to register for an account on the Application, but there is a ten percent (10%) transaction fee to cover administrative expenses that will be charged to your credit card in addition to your donation when you donate to the Fund. Both donations and transaction fees are nonrefundable.  

The Company does not provide financial, legal, tax or other professional advice. Before you  use the Application, you should consult with your professional advisors if you have any questions. You, as a donor, make the determination as to the value and appropriateness of contributing to Charities. All donations are at your own risk, and you are responsible for understanding how your donations will be used and the tax treatment of such donations. 

 

Charities

The Company is not a Charity.  The Company has no control over any Charities or how  the Charities spend your donations. The Company is not responsible for any unlawful, illicit or other behavior of the Charities to which your funds are donated.  The Company is not responsible for any Charity losing its status as a charitable organization for purposes of the Internal Revenue Code.     The Company expressly disclaims any and all liability with respect to the conduct of the Charities.  The Company may from time to time change the list of Charities for which you can donate through the Application.  Some Charities may not be available for purposes of your donation.  

 

Limited License 

The Company hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable, right to use the Application, solely for your own benefit, subject to the Terms contained (or referred to) herein. All rights not expressly granted to you are reserved by the Company. You may not access the Application for purposes of monitoring its availability, performance or functionality, or for any other benchmarking, reverse engineering, or other competitive purposes. You agree to comply with all applicable laws and regulations in connection with your use of the Application. You agree not to use the Application for any purpose that is unlawful or prohibited by these Terms. You further agree not to use the Application in a manner that could disable, damage or impair the Application or the Company’s server, equipment or software.  Further, you shall not:

• modify or make derivative works based upon the Application;
• reverse engineer or access the Application in order to build a competitive product or services or copy any content from the application; 
• send to or store on the Application any material containing software viruses, worms, or harmful (or destructive) files or programs;
• attempt to gain unauthorized access to the Application or its related systems or networks;
• violate any local, state, federal or international rules, regulations, laws or ordinances; 
• provide any information to the Company that is false or misleading, that attempts to conceal your identity or that you do not have the right to disclose; 
• use the Application to store or transmit  deceptive, infringing, false, defamatory, or other unlawful materials; or, 
• conduct or perform any load penetration, vulnerability or security testing or similar operations with respect to the Application. 

The limited license granted herein may be terminated at any time by the Company for any reason or no reason at all.

 

Intellectual Property

You acknowledge that the Application contains proprietary information, and that such information may be protected by applicable intellectual property laws. This proprietary information includes, but is not limited to, all media, software, text, likeness, name, technology, trademarks, logos, artwork and content on the Application (the “Company Information”).  The Company owns all rights, title and interest, including all related intellectual property rights in and to the Company Information, the Application, and any derivatives, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Application, and any aggregated metrics, data and trends compiled by the Company. 

The Company Information is a valuable asset of the Company.  Except as explicitly provided herein, the Company Information shall not be reproduced, sold, distributed, copied, altered or transmitted to any third party without the prior express written consent of the Company, which may be withheld for any reason or no reason at all.  Except for the very limited license contained herein, you are not granted any license or other right with respect to any Company Information.

 

Third Parties

The Company uses third party payment providers to process transactions you make through the Application, including without limitation, Stripe, Inc. In the course of your use of the Application, third party payment service providers may receive and implement updated credit card information from your credit card issuer in order to prevent your payment or subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to third party payment providers at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer. You agree not to hold us responsible for banking charges incurred due to payments on your account. 

We may present third party advertisements in the Application. We do not control such advertisements and cannot guarantee that they are reliable or accurate. Inclusion of advertisements does not mean that we endorse the goods or services that they offer, and we bear no liability for any decision by you to purchase or otherwise receive such goods or services. Moreover, we may cooperate with advertisers to offer you sponsored goods or services. The sponsored goods and services are offered by their respective providers, are their exclusive responsibility, and we have no liability for such goods or services. If you encounter any problem with the sponsored goods or services, you must contact the third-party providers, not us. The Application may include links to other websites not owned or controlled by the Company. The Company has no control over, assumes no liability for any loss, damage or harm arising from: (a) the privacy policies or other practices of such third parties; or (b) the content or availability of any such websites or applications. The Company does not endorse any materials available from such websites or applications. You should read the terms and conditions and privacy policy of each third-party website and application before you provide them with your personal information or other content. You are responsible for complying with the terms of all such third-party websites and applications. 

 

Your Responsibilities

You are responsible for all of your activity on the Application and for all activity occurring under an account that you have set up.  You shall abide by all applicable federal, state or local laws and regulations in connection with your use of the Application. You shall: (i) notify the Company immediately of any unauthorized use of any password or account used for access to the Application, or any other known or suspected breach of security related to the Application; (ii) not provide false information to access or use the Application; (iii) not use the Application in any unlawful manner; (iv) not publish, post, upload, email, distribute or disseminate any defamatory, disparaging, or false content; and (v) not collect, store or transmit personal information about individuals or any information that is subject to applicable privacy laws or regulations.  You are  solely responsible for any losses incurred as a result of a third party’s use of your user accounts, regardless of whether such use is with or without your knowledge.  

You are solely responsible for all content that you provide to the Application (the “User Content”) and your use of all services in the Application.  You shall not upload or otherwise convey any User Content that you do not have the legal rights to provide.  The Company has no responsibility for the User Content.  However, the Company may remove any User Content at any time.  If there is any dispute regarding any User Content, the Company shall have no liability with respect thereto and the Company shall have no obligation to participate in any proceedings regarding any dispute. 

You hereby grant the Company a worldwide, royalty-free, non-exclusive right to use, reproduce, create derivative works of, distribute, perform, transmit and publish your User Content for the sole purpose of the Application and the promotion thereof.

 

Your Representations & Warranties

You represent and warrant that you (a) are an individual who is at least 18 years of age; (b) have not falsely identified yourself nor provided any false information to gain access to the Application; (c) will provide current, complete and accurate payment and account information in connection with your use of the Application; (d) will promptly update your account information and other user information, including but not limited to your email address and credit card information, so that the Company may facilitate your requested donations and contact you as needed; (e) will use the Application solely in accordance with the Terms; (f) you have not violated any privacy or other rights of any third party with respect to any User Content (g) agree to maintain the confidentiality of your Customer Account and your password; (h) are responsible for all activities that occur with respect to your Customer Account; and (i) will not attempt to gain unauthorized access to the servers or network of the Company or the Application.

 

Deletion of Your Customer Account

If you choose to delete your Customer Account, your User Content shall be removed from the Application. Notwithstanding the foregoing, you agree that the Company may continue to retain, access, process, distribute, host, translate, reproduce, edit, adapt, modify, republish, promote, publicly perform, publicly display, create derivative works of, and otherwise use your User Content indefinitely in the following cases: if you have shared your User Content in accordance with the Application functionality and these Terms, and/or if the Company has displayed your User Content in the Application, the Company’s social media channels, the Company’s products, or it is included in third-party or print content, etc. Further, the Company may continue to use any aggregated, non-identifiable personal information for all of its purposes and functionality, including for administrative purposes to ensure that the Application is functioning properly. You understand that the Company cannot ensure that any third party provider to whom you provided your User Content or other information related to your Customer Account may delete your information. 

To the extent any Customer Account is deleted, any funds remaining in the Customer Account will be forfeited and transferred to the Company’s account, which funds will then be distributed to Charities at the discretion and direction of the Company’s employees.

 

Expiration of Feels

Feels that you send expire ninety (90) days after your transaction is processed unless you set a custom expiration date.  Expired Feels will revert to your Customer Account and may be reused by you for future gifting or donations.   

 

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE APPLICATION IS AT YOUR SOLE RISK.  THE APPLICATION IS PROVIDED ON AN “AS IS” BASIS.  

THE COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY OF ANY KIND, INCLUDING AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE APPLICATION OR ANY CONTENT. THE COMPANY AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) ANY STORED DATA WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF THE APPLICATION, SERVICES, INFORMATION, OR OTHER MATERIAL ACCESSED THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATION; (D) ERRORS OR DEFECTS WILL BE CORRECTED, OR (E) THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY AND ITS AFFILIATES. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE TRANSACTIONS (INCLUDING BUT NOT LIMITED TO CHARITABLE DONATIONS) FOR WHICH THE APPLICATION IS USED.  NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY, OR THROUGH THE APPLICATION, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.  

 

Indemnification

You shall indemnify and hold the Company, its affiliates and their officers, managers, members, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your use and access of the Application, by you or any person using your Customer Account; (b) a claim arising from your violation of these Terms; (c) infringement of any intellectual property or right of any person or entity  by you or anyone using your Customer Account; or  (e) the nature and content of all materials, works, data, statements and other communications of any nature submitted  to the Application by you or any user of your Customer Account. 

 

Limitation of Liability

IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY PURSUANT TO THESE TERMS EXCEED THE TRANSACTION FEES ACTUALLY PAID BY YOU TO THE COMPANY IN THE SIX (6) MONTHS PRECEDING THE DATE OF THE ACTION OR THE CLAIM.  EXCEPT IN CONNECTION WITH YOUR INDEMNIFICATION OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY AND/OR ITS AFFILIATES BE LIABLE UNDER THIS AGREEMENT TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE APPLICATION, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE APPLICATION, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY IS REFLECTED IN THE FEES CHARGED BY US ON ANY TRANSACTION AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.  

YOU HEREBY WAIVE AND RELEASE THE COMPANY AND OUR AFFILIATES, MANAGERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, SERVICE PROVIDERS, CONSULTANTS, AND AGENTS (COLLECTIVELY THE “RELEASED PARTIES”) FROM ALL, AND AGREE NOT TO ASSERT AGAINST ANY OF THE RELEASED PARTIES ANY, CLAIMS, COSTS, DAMAGES OR EXPENSES ARISING FROM OR RELATING TO YOUR USE OF THE APPLICATION, INCLUDING BUT NOT LIMITED TO ANY SUCH CLAIMS, COSTS, DAMAGES OR EXPENSES ARISING FROM OR RELATING TO ANY DISPUTE WITH ONE OR MORE OTHER PARTIES TO ANY USER CONTENT EXECUTED USING OUR APPLICATION. THE RELEASE IS INTENDED TO BE A GENERAL RELEASE OF ALL CLAIMS, INCLUDING BOTH KNOWN AND UNKNOWN CLAIMS, AND IF YOU ARE A CALIFORNIA RESIDENT, THEN YOU ALSO HEREBY WAIVE ANY RIGHTS THAT YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; therefore, these limitations may not apply to you. 

 

Notice

The Company may give notice by means of an electronic mail to your email address on record in your User Account, which was provided by you to the Company, or by written communication sent by first class mail or pre-paid post to the address provided by you in your User Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or at the time sent if by email. The email address for giving notice to the Company is hi@givefeels.com and the physical address for giving notice to the Company is Feels, LLC, 612 Andrew Higgins Blvd, Suite 2000, New Orleans, LA 70130.

 

Modification to Terms

The Company reserves the right to change or otherwise modify these Terms at any time without prior notice.  You are responsible for reviewing any changes in terms and conditions at such times as you may deem necessary.  Your continued use of the after any such changes shall constitute your approval and consent of any such changes.  Changes may be sent to you by the Company in accordance with the notice provisions contained herein, by giving you a notice upon logging into your User Account or by publishing them on the Application.   

 

Assignment; Change in Control

These Terms are personal to you and may not be assigned or transferred, in whole or in part, to anyone.  Any attempt to assign or transfer the Terms shall be null and void, ab initio.  The Company may assign or transfer these Terms without any prior consent or notice to you.

 

Governing Law; Arbitration

Any disputes arising out of or regarding these terms of service will be governed by the laws of the State of Louisiana, applicable to agreements made and performed in Louisiana. Except where prohibited by law, you further agree that: (1) any and all disputes and causes of action arising out of our relationship shall be resolved individually, without resort to any form of class action; (2) exclusively by final and binding arbitration under the rules of the Judicial Arbitration And Mediation Services, Inc.

 

General Terms

Severability:  In the event any provision of the Terms contained herein is deemed by the arbitrator or a court of competent jurisdiction to be invalid, then such provision shall be struck and the remaining provisions shall remain enforceable in accordance with their terms. 

Entire Agreement: The Terms, and the policies and procedures referred to herein, including any amendment of the foregoing constitute the entire agreement between you and the Company with respect to the matters contained herein. 

Survival:  All terms and provisions of these Terms, which by their nature are mean to survive the termination of the relationship between the Company and you, shall survive, including without limitation all representations and warranties by you, the limitations of damages contained herein and the rights relating to the Company’s intellectual property.

 

Questions or Additional Information

If you have any questions regarding our Terms and Conditions or need to request any additional information, please send an email to hi@givefeels.com.