Last Updated: July 23rd, 2019
Tailored Fundraising Solutions LLC and our subsidiaries (collectively, "Tailored") is a U.S. company and subject only to U.S. laws and jurisdiction, so for the moment these Terms of Service (and any other terms, policies, or guidelines that we provide to you) are only available in English.
Please read this carefully before using our site, services, or products. This is a contract between you and Tailored. We've also included several annotations that aren't a part of the contract itself, but are intended to emphasize key sections and help you follow the text. We’ve tried to be fair and straightforward. Please feel free to contact us if you have any questions or suggestions.
We may change these Terms and Conditions from time to time. If we make changes, we will notify you by revising the date at the top of the Agreement and, in some cases, we may provide you with additional notice (such as adding a statement to our website or sending you a notification). We encourage you to review the Terms and Conditions whenever you access the Services to stay informed about our information practices and the ways you can help protect your privacy.
We may sometimes ask you to review and to explicitly agree to (or reject) a revised version of this Agreement. In such cases, modifications will be effective at the time of your agreement to the modified version of this Agreement. If you do not agree at that time, you are not permitted to use the Services.
In cases where we do not ask for your explicit agreement to a modified version of this Agreement, but otherwise provide notice as set forth above, the modified version of this Agreement will become effective fourteen days after we have posted the modified Agreement and provided you notification of the modifications. Your use of the Services following that period constitutes your acceptance of the terms and conditions of this Agreement as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.
Note that, if you have prepaid for any Paid Services (as defined below) prior to a modification of this Agreement, your use of such prepaid Paid Services is governed by the version of this Agreement in effect at the time Tailored received your prepayment.
No individual under the age of thirteen (13) may use the Services, provide any personal information to Tailored, or otherwise submit personal information through the Services (including, for example, a name, address, telephone number, or email address). You may only use the Services if you can form a binding contract with Tailored and are not legally prohibited from using the Services.
Service Changes and Limitations
The Services change frequently, and their form and functionality may change without prior notice to you. Tailored retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. Tailored may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. Tailored may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below). Tailored may also terminate or suspend Accounts (as defined below) at any time, in its sole discretion.
Limitations on Automated Use
You may not, without express prior written permission, do any of the following while accessing or using the Services: (a) tamper with, or use non-public areas of the Services, or the computer or delivery systems of Tailored and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Tailored (and only pursuant to those terms and conditions) or unless permitted by Tailored's robots.txt file or other robot exclusion mechanisms; (d) scrape the Services, and particularly scrape Content (as defined below) from the Services; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
As a condition to using the Services, you may be required to create an account (an "Account") with Tailored.
You agree to provide Tailored with accurate, complete, and updated registration information, particularly your email address.
You are also responsible for maintaining the confidentiality of your Account information and for the security of your Account, and you will notify Tailored immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account information.
For purposes of this Agreement: (1) the term "Content" means a creative expression and includes, without limitation, contacts, phone numbers, email addresses, names, addresses, donation amounts, donation dates, donation times, donation methods, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term "Subscriber Content" means Content that a Subscriber submits, transfers, or otherwise provides to the Services. Content includes, without limitation, all Subscriber Content.
Your Rights in Subscriber Content
Subscribers retain ownership and/or other applicable rights in Subscriber Content, and Tailored and/or third parties retain ownership and/or other applicable rights in all Content other than Subscriber Content.
Subscriber Content License
When you provide Subscriber Content to Tailored through the Services, you grant Tailored a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, such Subscriber Content. The rights you grant in this license are for the limited purposes of allowing Tailored to operate the Services in accordance with their functionality, improve the Services, and develop new Services. The reference in this license to "creat[ing] derivative works" is not intended to give Tailored a right to make substantive editorial changes or derivations, but does, for example, enable better fundraising methods and solutions.
You also agree that this license includes the right for Tailored to make all publicly-posted Content available to third parties selected by Tailored, so that those third parties can syndicate and/or analyze such Content on other media and services.
Note also that this license to your Subscriber Content continues even if you stop using the Services, primarily because of the nature of Content shared through Tailored’s Services.
You also agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all Subscriber Content you transfer to us.
Content License to You
As a Subscriber of the Services, Tailored grants you a worldwide, revocable, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, redistribute, and create derivative works of Content solely in connection with your use of, and in strict accordance with the functionality and restrictions of, the Services (including, without limitation, Paid Services, as defined below). This means, for example, that we license Content to you for purposes of fundraising.
Termination and Deletion
On termination of your Account, or upon your deletion of particular pieces of Subscriber Content from the Services, Tailored shall make reasonable efforts to make such Subscriber Content inaccessible and cease use of it; however, you acknowledge and agree that: (a) removed Subscriber Content may persist in caches or backups for a reasonable period of time and (b) copies of or references to the Subscriber Content may not be entirely removed (due to the nature of social sharing, for example).
Any use of Tailored's trademarks, branding, logos, and other such assets in connection with the Services shall use Tailored’s approved branding and shall be in accordance with the Tailored’s Trademark Guidelines.
Some of the Services require payment of fees (the "Paid Services,"). All fees are stated in United States dollars. You shall pay all applicable fees, as described in the applicable Services, in connection with such Services, and any related taxes or additional charges.
Paid Services are limited licenses for you to use particular for-pay aspects of the Services. Usage of terms like sell, sale, buy, purchase, or similar terms all refer to your acquisition of a license to use Paid Services, and do not represent any transfer of any right, title, or ownership interest of any kind. You may not relicense, resell, transfer, or exchange Paid Services within or outside of the Services, except as expressly allowed by the rules of those Paid Services.
Tailored may, in its sole discretion, modify the functionality of, or eliminate, Paid Services, or the terms and conditions under which Paid Services are provided.
Purchases of Paid Services are final and non-refundable (particularly those Paid Services that may be used immediately, such as Promotions, as defined below), except at Tailored's sole discretion and in accordance with the rules governing each Paid Service. Termination of your Account or your rights under this Agreement may result in forfeiture of purchased Paid Services. For example, if your Account is suspended, you forfeit your license to any licence you have purchased.
Tailored may change its prices for Paid Services at any time. To the extent applicable, Tailored will provide you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Paid Service and/or by sending you an email notification. If you do not wish to pay the new prices, you may choose not to purchase, or to cancel per the terms of any other agreements you have with Tailored, the applicable Paid Service prior to the change going into effect.
Some features of the Services may allow you to promote yourself to other Subscribers, and some of these features may be Paid Services ("Promotions").
The following additional terms apply to Promotions:
Things that you promote will comply with this Agreement; if they don't, Tailored reserves the right, in its sole discretion, to cancel a Promotion without refund or recourse to you.
Tailored may remove or disable any Promotion for any reason in its sole discretion.
Unless otherwise specified, Tailored does not guarantee any activity that Promotions may receive, including but not limited to clicks, Likes, or favorites. Tailored cannot control how Subscribers interact with Promotions and is not responsible for "click fraud" or other fraudulent actions by third parties, including, without limitation, Subscribers. Tailored doesn't guarantee that its reporting related to Promotions will be accurate or complete, nor does it guarantee that Promotions will behave in a particular manner, and Tailored shall not be liable to you or responsible for any erroneous reporting about or errant behavior of or related to Promotions (e.g., any errors in how Likes, favorites, or clicks are counted).
Promotions may allow targeting to some Subscriber characteristics. Tailored does not guarantee that any particular Promotion will reach a particular sort of individual in all cases.
You can cancel certain Promotions at any time depending on their functionality, but you are responsible for paying for Promotions at least to the extent they have already been used or distributed through the Services.
By submitting a Promotion, you license Tailored to run that Promotion for as long as you have specified, which, depending on the Promotion, may be perpetually. This license ends when the Promotion has been completed or cancelled, but it may take up to forty eight (48) hours for a Promotion to stop being reflected on the Services.
Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, TAILORED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Tailored makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. Tailored also makes no representations or warranties of any kind with respect to Content; Subscriber Content, in particular, is provided by and is solely the responsibility of, the Subscribers providing that Content. No advice or information, whether oral or written, obtained from Tailored or through the Services, will create any warranty not expressly made herein.
You agree that any claim you may have arising out of or related to this Agreement or your relationship with Tailored must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
You further release, to the fullest extent permitted by law, Tailored and its employees, agents, consultants, directors, shareholders, any other person or entity that directly or indirectly controls, is under common control with, or is directly or indirectly controlled by, Tailored (the “Tailored Affiliates”) from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including but not limited to claims of negligence), arising out of or related to the following:
Disputes between Subscribers, including those between you and other Subscribers.
The acts of third parties generally (i.e., individuals or entities who are not Tailored or a Tailored Affiliate), including third party sites and services.
Disputes concerning any use of or action taken using your Account by you or a third party.
Claims relating to the unauthorized access to any data communications relating to, or Content stored under or relating to, your Account, including but not limited to unauthorized interception, use, or alteration of such communications or your Content.
Claims relating to any face-to-face or video meetings in any way related to Tailored at any venues digital or in-person ("Meetups"), including without limitation claims related to the actions or omissions of any Subscribers or third parties who organize, attend, or are otherwise involved in any Meetups. Unless otherwise expressly disclosed in writing, Tailored does not sponsor, oversee, or in any manner control Meetups.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TAILORED AND THE TAILORED AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TAILORED HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF TAILORED AND THE TAILORED AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $100.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in the Section titled “Limitation of Liability“, so the limitations above may not apply to you.
Either party may terminate this Agreement at any time by notifying the other party. Tailored may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, Tailored may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Tailored or any third party.
You and Tailored agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and Tailored otherwise agree in writing. Before resorting to formal dispute resolution, we strongly encourage you to contact us to seek a resolution.
Law and Forum for Legal Disputes
This Agreement shall be governed in all respects by the laws of the State of Tennessee as they apply to agreements entered into and to be performed entirely within Tennessee between Tennessee residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Tailored must be resolved exclusively by a state or federal court located in Davidson County, Tennessee, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Davidson County, Tennessee for the purpose of litigating all such claims or disputes.
If you are (a) a United States federal, state, or local government agency or body, (b) using the Services in your official capacity, and (c) legally unable to accept the clauses in this Section, then this Section doesn’t apply to you. For such entities, this Agreement and any related action will be governed by the laws of the United States of America, without regard to conflict of law provisions, and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Tennessee, excluding choice of law.
This Agreement, as modified from time to time, constitutes the entire agreement between you and Tailored with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise, in any way, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect. This Agreement is not assignable, transferable, or sublicensable by you except with Tailored’s prior written consent. Tailored may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Tailored in any respect whatsoever. Any notice to Tailored that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to Tailored Fundraising Solutions, LLC, PO Box 148935, Nashville, TN, 37214, Attn: Legal Department.
Tailored provides global products and services and enables a global community for individuals. Tailored's servers and operations are, however, located in the United States, and Tailored's policies and procedures are based on United States law. As such, the following provisions apply specifically to Subscribers located outside of the United States: (1) you consent to the transfer, storage, and processing of your information, including but not limited to Subscriber Content and any personal information, to and in the United States and/or other countries; and (2) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department's list of "Specially Designated Nationals," you agree that you will not engage in financial transactions, or conduct any commercial activities using or through the Services.
To contact us, please visit https://tailored.fund or write to:
Tailored Fundraising Solutions LLC
PO Box 148935
Nashville TN 37214