ZGIVE Terms and Conditions

DESCRIPTION OF SERVICE

ZGIVE LLC (ZGIVE)

Provides a mobile and web-based application whose primary components are

Virtual and Live Auction, Online and Social Media Donation Link, Text-to-Give (T2G),

Text-to-Engage (T2E) and custom QR Code generation ("Technology"). The Virtual

and Live Auction is used for participants to bid on items during an auction, the

Online Donation Landing Page is used for donors to give on your website, the T2G

component is used for donors to give via a web-based mobile app, the T2E

component is primarily used to manage and send SMS texts for mobile marketing

campaigns and donor engagement communications and the custom QR Code

generation is to offer donors the ability to give by scanning a QR Code ("Service"). It

is agreed that any new features, upgrades or future versions are subject to this

agreement. It is also agreed that ZGIVE assumes no responsibility for the deletion,

timeliness, mis-delivery or failure to store any user communications or customized

settings.

MEMBER CONDUCT AND GUARANTEES

You understand that all information, data, text, software, music, sound, photographs,

graphics, audio, video, messages or other materials ("Content"), whether publicly

posted or privately transmitted, are the sole responsibility of the person from which

such Content originated. This means that you, and not ZGIVE, are entirely

responsible for all Content that you upload, post, email, transmit or otherwise make

available via the Service. ZGIVE does not control the Content posted via the Service

and, as such, does not guarantee the accuracy, integrity or quality of such Content.

Under no circumstances will ZGIVE be liable in any way for any Content, including,

but not limited to, for any errors or omissions in any Content, or for any loss or

damage of any kind incurred as a result of the use of any Content posted, emailed,

transmitted or otherwise made available via the Service.

ZGIVE and any of its affiliates are solely a facilitator of the message traffic and has no

visibility into or control over individual Messages as they are transmitted through

ZGIVE and has no responsibility or liability with respect to the content of any

individual Message. Except that ZGIVE may use programmatic means to filter (prescreen)

your messages and block your campaigns or account due to message

keywords that ZGIVE has determined, in its sole description, may violate an

applicable, rule, regulation, or law.

In addition, you agree to not use the Service to:

1. Upload, post, text message, email, transmit or otherwise make available any illegal

contests or gambling, unsolicited or unauthorized advertising, promotional

materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form

of solicitation;

2. Upload, post, text message, email, transmit or otherwise make available any adult

Content or Content that is unlawful, harmful, threatening, abusive, harassing,

tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful,

or racially, ethnically or otherwise objectionable, or that you do not have a right to

make available under any law or under contractual or fiduciary relationships (such

as inside information, proprietary and confidential information learned or disclosed

as part of employment relationships or under nondisclosure agreements, or which

violates the intellectual property rights of a third party ("Rights");

3. Forge headers or otherwise manipulate identifiers in order to disguise the origin

of any Content transmitted through the Service;

4. Upload, post, text message, email, transmit or otherwise make available any

material that contains software viruses or any other computer code, files or

programs designed to interrupt, destroy or limit the functionality of any mobile

telephone, mobile device, computer software or hardware or telecommunications

equipment;

5. "Stalk" or otherwise harass another; and/or

6. Use any equipment or software that has the capacity to store or produce

telephone numbers to be called, using a random or sequential number generator, in

conjunction with your use of the Services;

7. Use any equipment or software that has the capacity to initiate messages without

human intervention, in conjunction with your use of the Services;

8. Send any calls to life-line services, such as hospitals, fire, police, 911 or utilityrelated

telephone numbers;

9. Use strings of numbers as it is unlawful to engage two or more lines of a multi-line

business;

10. Harvesting, or otherwise collecting information about others, without their

consent;

11. Misleading others as to the identity of the sender of your messages, by creating a

false identity, impersonating the identity of someone/something else or by

providing contact details at do not belong to you;

12. Transmitting, associating or publishing any unlawful, racist, harassing, libelous,

abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic

or otherwise objectionable material of any kind;

13. Transmitting any material that may infringe upon the intellectual property

rights of third parties including trademarks, copyrights or other rights of publicity;

14. Transmitting any material that contains viruses, trojan horses, worms, time

bombs, cancel-bots or y other harmful/deleterious programs;

15. Interfering with, or disrupting, networks connected to the Services or violating

the regulations, policies or procedures of such networks;

16. Attempting to gain unauthorized access to the Services, other accounts,

computer systems or networks connected to the Services, through password mining

or any other means;

17. Abusing the fair use policy with regard to unlimited keywords-that is,

registering many keywords without using them for weeks or months, as is

determined to be abuse in the sole discretion of ZGIVE;

18. Interfering with another's use and enjoyment of the Services or ZGIVE

Technology; or

19. Engaging in any other activity that ZGIVE believes could subject it to criminal

liability or civil penalty/judgment.

You acknowledge that ZGIVE or its affiliates may or may not pre-screen Content, but

that ZGIVE or its affiliates and its designees shall have the right (but not the

obligation) in their sole discretion to pre-screen, refuse, or move any Content that is

available via the Service. Without limiting the foregoing, ZGIVE and its designees

shall have the right to remove any Content that violates this Agreement or is

otherwise objectionable.

You acknowledge, consent and agree that ZGIVE may access, preserve, and disclose

your account information and Content if required to do so by law or in a good faith

belief that such access preservation or disclosure is reasonably necessary to: (a)

comply with any subpoena or other legal process; (b) enforce this Agreement; (c)

respond to claims that any Content violates the rights of third-parties; (d) respond

to your requests for customer service; or (e) protect the rights, property, or

personal safety of ZGIVE, its users and the public.

TCPA COMPLIANCE

The baseline for best practices of any text marketing campaign is to follow the

rules put out under the TCPA: https://www.fcc.gov/sites/default/files/tcparules.

pdf

These laws were put in place to protect consumers from receiving spam and you

agree to follow these guidelines, including, but not limited to:

• Receive consent before any message can be sent

• Mention your company name

• Disclose possible carrier costs and fees

• Disclose estimated frequency of texts

• Give an option to ask for help and opt out of future texts

Here is an example of a opt in/out language (note that we are not attorneys and this

message is for guideline purposes only - please consult with your own attorney)

Please reply YES to receive updates from Example Company. Frequency will not

exceed one SMS per week. Std. msg&data rates apply. Reply HELP for help, STOP to

cancel.

**Violations of TCPA requirements may result in a fine of $500 per SMS sent**

You guarantee that the subscribers in your account have granted you express

consent to send them messages of the type that you intend to send them. If for any

reason ZGIVE suspects that the subscribers have not given you express consent, it

reserves the right to request a written explanation from you, the client, including

the method of collecting the subscriber's phone numbers and a guarantee signed by

you that all the people on your subscriber list agreed to receive text messages from

you of the type that you had sent. ZGIVE reserves the right to take any action it

thinks appropriate in the case of non-compliance, including but not limited to

cancellation of the account.

You agree that you will include clear opt-out/unsubscribe information on your

messages when required to do so by any applicable law or regulation and otherwise

adhere to the Consumer Best Practices Guidelines promulgated by the Mobile

Marketing Association, if applicable to your messages.

You agree to familiarize yourself with and abide by all applicable local, state,

national and international laws and regulations and are solely responsible for all

acts or omissions that occur under your account, including without limitation the

content of the messages that you create and initiate through the ZGIVE Services.

Without limiting the foregoing, you agree to familiarize yourself with the legalities

of any messages transmitted through the ZGIVE

Services by visiting the following websites:

- Federal Trade Commission, [http://www.ftc.gov](http://www.ftc.gov/)

- Federal Communications

Commission, [http://www.fcc.gov](http://www.fcc.gov/)

You shall use ZGIVE's service in compliance with all governing laws, regulations, and

rules.

You shall schedule your messages responsibly and in a manner that is courteous to

the recipients pursuant to local, state, national, and international calling time rules

and regulations. You are solely responsible for obtaining any rights or licenses to

any data, including without limitation sound files, pictures or videos for inclusion in

any outbound messages. If you are unfamiliar or unclear on the legalities of any

message that you intend to initiate through the Services, you must consult with your

attorney prior to your use of the ZGIVE technology or Services.

You guarantee that you have all power and authority and have procured all rights

and licenses necessary to use and text enable those Phone Numbers utilized for

ZGIVE services without the consent of any third party. In the case of shared use

Phone Numbers, you expressly represent that you are the Phone Number Owner.

ZGIVE PRIVACY POLICY

Registration Data and certain other information about you are subject to our Privacy

Policy. For more information, please review our full privacy policy at

http://www.ZGIVE.com/privacy. You understand that through your use of the

Service you consent to the collection and use (as set forth in the Privacy Policy) of

this information, including the transfer of this information to the United States

and/or other countries for storage, processing, and use by ZGIVE and its affiliates.

ZGIVE may reasonably use your name and logo for its investor relations and

marketing purposes.

YOUR ACCOUNT

If you use this Service, you are responsible for maintaining the confidentiality of

your account and password and for restricting access to your computer, and you

agree to accept responsibility for all activities that occur under your account or

password. You may not assign or otherwise transfer your account to any other

person or entity. You acknowledge that ZGIVE is not responsible for third party

access to your account that results from theft or misappropriation of your account.

ZGIVE and its associates reserve the right to refuse or cancel service, terminate

accounts, or remove or edit content in our sole discretion.

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

ZGIVE does not claim ownership of Content you submit or make available for

inclusion on the Service. However, with respect to Content you submit or make

available for inclusion on publicly accessible areas of the Service, you grant to ZGIVE

the following worldwide, royalty-free and non-exclusive license to use, distribute,

reproduce, modify, adapt, publicly perform and publicly display such Content on the

Service and elsewhere for the purpose for which such Content was submitted or

made available and also for the purpose of providing and promoting the Service to

which such Content was submitted or made available.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless ZGIVE, its subsidiaries, affiliates,

officers, directors, employees, agents and third parties, for any losses, costs,

liabilities and expenses (including reasonable attorney's fees) relating to or arising

out of your use of or inability to use the technology or services, any user postings

made by you, your violation of any terms of this Agreement or your violation of any

rights of a third party, or your violation of any applicable laws, rules or regulations,

content you submit, post, transmit or make available through the Service, your use

of the Service, your connection to the Service, your violation of this Agreement, your

violation of any rights of another, or your violation of any law. This includes, but is

not limited to, violations of TCPA compliance that may result in fine(s). In addition,

if the software was used per the permission of the organization, but if not by a

celebrity or athlete that was represented or connected to a fundraising or auction

event, you will indemnify ZGIVE of any realized or punitive damages. ZGIVE

reserves the right, at its own cost, to assume the exclusive defense and control of

any matter otherwise subject to indemnification by you, in which event you will

fully cooperate with ZGIVE in asserting any available defenses.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that ZGIVE may establish general practices and limits concerning

use of the Service but that ZGIVE has no responsibility or liability for the deletion or

failure to store any messages and other communications or other Content

maintained or transmitted by the Service.

MODIFICATIONS TO SERVICE

ZGIVE reserves the right at any time and from time to time to modify or discontinue,

temporarily or permanently, the Service (or any part thereof) with or without

notice. You agree that ZGIVE shall not be liable to you or to any third party for any

modification, suspension or discontinuance of the Service.

CONFIDENTIALITY AND NON-SOLICITATION

The parties recognize that user will have access to trade secrets and proprietary

information of ZGIVE, its proprietary technologies and www.ZGIVE.com. For a

period of five years, user agrees that it is prohibited to share, transmit, reveal or

otherwise show, either verbally or in writing, such non-public information to any

other person, party, competitor or organization without the express written consent

of a ZGIVE director or executive. During the term of this agreement and thereafter,

user promises not to disclose or use or induce or assist in the disclosure or use any

of the above information except for the benefit of ZGIVE. User also agrees that it is

prohibited to solicit any employee, contractor, affiliate or client of ZGIVE to hire as

employee or contractor or do business or to reduce the amount of business with

ZGIVE. If ZGIVE would be materially damaged due to a confidentiality or employee

solicitation breach, ZGIVE retains the right to sue for actual and punitive damages.

ZGIVE'S PROPRIETARY RIGHTS

Title, ownership rights and all intellectual property rights in and to the Services

shall remain the sole and exclusive property of ZGIVE. ZGIVE retains all rights not

expressly granted to you in this Agreement. You are prohibited from attempting, or

knowingly permitting or encouraging others to attempt, to reverse engineer,

decompile, disassemble, or otherwise attempt to determine source code or

protocols from the Services except and only to the extent permissible by applicable

law despite such prohibition. You agree not to reproduce, duplicate, copy, sell, trade,

resell or exploit for any commercial purpose, any portion of the Service (including

your ZGIVE I.D., account, account designation, password and other ZGIVE

information), use of the Service, or access to the Service. DISCLAIMER OF

WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED

ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZGIVE EXPRESSLY DISCLAIMS ALL

WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT

NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS

FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

B. ZGIVE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR

REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,

OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF

THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY

PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR

OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (V)

ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED (VI) THAT THE INTERNET

WILL BE AVAILABLE AND WILL PERFORM.

C. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY

YOU FROM ZGIVE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY

WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY

THE INFORMATION, SOFTWARE, PRODUCTS, TECHNOLOGY AND SERVICES

INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES

OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE

INFORMATION HEREIN. ZGIVE AND/OR ITS SUPPLIERS MAY MAKE

IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ZGIVE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE

SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS

CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT

PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,

PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT

WARRANTY OR CONDITION OF ANY KIND. ZGIVE AND/OR ITS SUPPLIERS HEREBY

DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,

INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT

SHALL ZGIVE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,

PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES

WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,

DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE

OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE

SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE

SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND

RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING

OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,

NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ZGIVE OR ANY OF ITS

SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE

SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION

OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE

LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY

PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND

EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

ARBITRATION

In the event the parties are not able to resolve any dispute between them arising out

of or concerning these Terms and Conditions, or any provisions hereof, whether in

contract, tort, or otherwise at law or in equity for damages or any other relief, then

such dispute shall be resolved only by final and binding arbitration pursuant to the

Federal Arbitration Act, conducted by a single neutral arbitrator and administered

by the American Arbitration Association, or a similar arbitration service selected by

the parties, in a location mutually agreed upon by the parties. The arbitrator's

award shall be final, and judgment may be entered upon it in any court having

jurisdiction. In the event that any legal or equitable action, proceeding or arbitration

arises out of or concerns these Terms and Conditions, the prevailing party shall be

entitled to recover its costs and reasonable attorney's fees. The parties agree to

arbitrate all disputes and claims in regards to these Terms and Conditions or any

disputes arising as a result of these Terms and Conditions, whether directly or

indirectly, including Tort claims that are a result of these Terms and Conditions. The

parties agree that the Federal Arbitration Act governs the interpretation and

enforcement of this provision. The entire dispute, including the scope and

enforceability of this arbitration provision shall be determined by the Arbitrator.

This arbitration provision shall survive the termination of these Terms and

Conditions.

CLASS ACTION WAIVER

Any arbitration under these Terms and Conditions will take place on an individual

basis; class arbitrations and class/representative/collective actions are not

permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE

OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR

CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR

REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY

GENERAL ACTION AGAINST THE OTHER. Further, unless both you and ZGIVE agree

otherwise, the arbitrator may not consolidate more than one person's claims, and

may not otherwise preside over any form of a representative or class proceeding.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES

OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR

CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS

OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.

TRADEMARK INFORMATION

The trademarks, service marks, logos and product and service names of ZGIVE are

trademarks of ZGIVE LLC. You agree not to display or use in any manner, the ZGIVE

Marks without ZGIVE' express prior written consent.

WAIVER AND SEVERABILITY OF TERMS

The failure of ZGIVE to exercise or enforce any right or provision of this Agreement

shall not constitute a waiver of such right or provision. If any provision of this

Agreement is found by a court of competent jurisdiction to be invalid, the parties

nevertheless agree that the court should endeavor to give effect to the parties'

intentions as reflected in the provision, and the other provisions of this Agreement

remain in full force and effect.

VARIATION OF TERMS

ZGIVE is permitted to revise these Terms at any time as it sees fit, and by using this

Service, you are expected to review such Terms on a regular basis to ensure you

understand all terms and conditions governing use of this Website.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR

INTELLECTUAL PROPERTY INFRINGEMENT ZGIVE respects the intellectual

property of others, and we ask our users to do the same. ZGIVE may, in appropriate

circumstances and at its discretion, disable and/or terminate the accounts of users

who may be repeat infringers. If you believe that your work has been copied in a

way that constitutes copyright infringement, or your intellectual property rights

have been otherwise violated, please provide the following information to ZGIVE

(info@ZGIVE.com):

1. An electronic or physical signature of the person authorized to act on behalf of the

owner of the copyright or other intellectual property interest;

2. A description of the copyrighted work or other intellectual property that you

claim has been infringed;

3. A description of where the material that you claim is infringing is located on the

site;

4. your address, telephone number, and email address;

5. A statement by you that you have a good faith belief that the disputed use is not

authorized by the copyright owner, its agent, or the law;

6. A statement by you, made under penalty of perjury, that the above information in

your Notice is accurate and that you are the copyright or intellectual property

owner or authorized to act on the copyright or intellectual property owner's behalf.

Notice of claims of copyright or other intellectual property infringement should be

addressed to: Scott Roseveare ZGIVE LLC 3941 Park Dr. Ste 20545 El Dorado Hills,

CA 95762. You may also email us: INFO@ZGIVE.COM.

ASSIGNMENT

ZGIVE shall be permitted to assign, transfer, and subcontract its rights and/or

obligations under these Terms without any notification or consent required.

However, you shall not be permitted to assign, transfer, or subcontract any of your

rights and/or obligations under these Terms.

NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and

use Technology and Service, including www.ZGIVE.com strictly in accordance with

these terms of use. As a condition of your use of the Technology or Service, you

warrant to ZGIVE that you will not use the Technology or Service for any purpose

that is unlawful or prohibited by these Terms. You may not use the Site in any

manner which could damage, disable, overburden, or impair the Technology or

Service or interfere with any other party's use and enjoyment of the Site. You may

not obtain or attempt to obtain any materials or information through any means not

intentionally made available or provided for through the Technology or Service.

All content included as part of the Service, such as text, graphics, logos, images, as

well as the compilation thereof, and any software used on the Site, is the property of

ZGIVE or its suppliers and protected by copyright and other laws that protect

intellectual property and proprietary rights. You agree to observe and abide by all

copyright and other proprietary notices, legends or other restrictions contained in

any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer

or sale, create derivative works, or in any way exploit any of the content, in whole or

in part, found on the Technology or Service. ZGIVE content is not for resale. Your use

of the Technology or Service does not entitle you to make any unauthorized use of

any protected content, and in particular you will not delete or alter any proprietary

rights or attribution notices in any content. You will use protected content solely for

your personal use and will make no other use of the content without the express

written permission of ZGIVE and the copyright owner. You agree that you do not

acquire any ownership rights in any protected content. We do not grant you any

licenses, express or implied, to the intellectual property of ZGIVE or our licensors

except as expressly authorized by these Terms.

THIRD PARTY ACCOUNTS

You may be able to connect your ZGIVE account to third party accounts. By

connecting your ZGIVE account to your third-party account, you acknowledge and

agree that you are consenting to the continuous release of information about you to

others (in accordance with your privacy settings on those third-party sites). If you

do not want information about you to be shared in this manner, do not use this

feature.

INTERNATIONAL USERS

The Service is controlled, operated and administered by ZGIVE from our offices

within the USA. If you access the Service from a location outside the USA, you are

responsible for compliance with all local laws. You agree that you will not use the

ZGIVE Content accessed through www.ZGIVE.com in any country or in any manner

prohibited by any applicable laws, restrictions or regulations.

TERMINATION/ACCESS RESTRICTION

ZGIVE reserves the right, in its sole discretion, to terminate your access to the Site

and the related services or any portion thereof at any time, without notice. To the

maximum extent permitted by law, this agreement is governed by the laws of the

State of California and you hereby consent to the exclusive jurisdiction and venue of

courts in California in all disputes arising out of or relating to the use of the Site. Use

of the Site is unauthorized in any jurisdiction that does not give effect to all

provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship

exists between you and ZGIVE as a result of this agreement or use of the Service.

ZGIVE's performance of this agreement is subject to existing laws and legal process,

and nothing contained in this agreement is in derogation of ZGIVE's right to comply

with governmental, court and law enforcement requests or requirements relating to

your use of the Site or information provided to or gathered by ZGIVE with respect to

such use. If any part of this agreement is determined to be invalid or unenforceable

pursuant to applicable law including, but not limited to, the warranty disclaimers

and liability limitations set forth above, then the invalid or unenforceable provision

will be deemed superseded by a valid, enforceable provision that most closely

matches the intent of the original provision and the remainder of the agreement

shall continue in effect.

ENTIRE AGREEMENT

These Terms, including any legal notices and disclaimers contained in this

agreement, constitute the entire agreement between ZGIVE and you in relation to

your use of this Service, and supersede all prior agreements (except for additional

terms as defined in 'End User Licensing Agreement') and understandings with

respect to the same.

CONTACT US

ZGIVE welcomes your questions or comments regarding the Terms and Conditions:

ZGIVE

3941 PARK DR STE #20545

EL DORADO HILLS, California 95762

Email Address:

info@ZGIVE.com

Telephone number: 916-294-7758

Effective as of June 25th, 2021

ZGIVE PRIVACY POLICY

Hello – thank you for choosing ZGIVE and for reading through our Privacy Policy. ZGIVE is relentlessly committed to protecting your privacy and we’ve put very strict policies and best practices in place to accomplish this goal.

ZGIVE LLC ("us", "we", or "our") operates the www.ZGIVE.com website and the ZGIVE Digital Auction Platform and ZGIVE Fundraising Platform, which includes, but is not limited to, our Digital Auction Platform, Fund-a-Need, streaming, text-to-give, online donation buttons and text-to-engage technologies (hereinafter referred to as the "Service").

This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms of Use. ZGIVE collects personal information about you only when you voluntarily provide it or otherwise only with your consent as required by PIPEDA, GDPR, or by other applicable law. We also use standard 256 bit SSL encryption.

DEFINITIONS

Service

Service means the www.ZGIVE.com website and the ZGIVE Digital Auction Platform and ZGIVE Donation Platform operated by ZGIVE LLC

Personal Data

Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies

Cookies are small files stored on your device (computer or mobile device).

Data Controller

Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.

For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

Data Processors (or Service Providers)

Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.

We may use the services of various Service Providers in order to process your data more effectively.

Data Subject (or User)

Data Subject is any living individual who is using our Service and is the subject of Personal Data.

INFORMATION COLLECTION AND USE

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected:

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

  • Email address

  • First name and last name

  • Phone number

  • Address, State, Province, ZIP/Postal code, City

  • Cookies and Usage Data

By providing Personal Information on the site during the donation

process, we, or any of our affiliates or clients, may use your Personal

Data to contact you with newsletters, marketing or promotional

materials and other information that may be of interest to you via

email, mail, SMS, MMS, text, social media or by other electronic and

physical means. You may opt out of receiving any, or all, of these

communications from us by following the unsubscribe link or

instructions provided in any email we send or by contacting us. You

may also be registered on a physical mailing list. You may unsubscribe

from ZGIVE’S mailing list of us or any of our affiliates or clients at any

time.

Usage Data

We may also collect information that your browser sends whenever you

visit our Service or when you access the Service by or through a mobile

device ("Usage Data").

This Usage Data may include information such as your computer's

Internet Protocol address (e.g. IP address), browser type, browser

version, the pages of our Service that you visit, the time and date of

your visit, the time spent on those pages, unique device identifiers and

other diagnostic data.

When you access the Service with a mobile device, this Usage Data

may include information such as the type of mobile device you use,

your mobile device unique ID, the IP address of your mobile device,

your mobile operating system, the type of mobile Internet browser you

use, unique device identifiers and other diagnostic data.

Unfortunately, no transmitted data is 100% secure through email, text

or mail. ZGIVE ca not ensure or warrant that Personal Information will

be completely secure from misappropriation by hackers or other

criminal activities. Or in the event of a software, network or computer

hardware failure or malfunction. If a data breach occurs, we will notify

you immediately and take reasonable steps to secure the affected area

and rectify the situation.

Location Data

We may use and store information about your location if you give us

permission to do so ("Location Data"). We use this data to provide

features of our Service, to improve and customize our Service.

You can enable or disable location services when you use our Service at

any time by way of your device settings.

Tracking and Cookies Data

We use cookies and similar tracking technologies to track the activity

on our Service and we hold certain information.

Cookies are files with a small amount of data which may include an

anonymous unique identifier. Cookies are sent to your browser from a

website and stored on your device. Other tracking technologies are also

used such as beacons, tags and scripts to collect and track information

and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a

cookie is being sent. However, if you do not accept cookies, you may

not be able to use some portions of our Service.

Examples of Cookies we use:

• Session Cookies: We use Session Cookies to operate our Service.

• Preference Cookies: We use Preference Cookies to remember your preferences and various settings.

• Security Cookies: We use Security Cookies for security purposes.

ZGIVE LLC uses the collected data for various purposes:

  • To notify you about changes to our Service

  • First name and last name

  • To allow you to participate in interactive features of our

    Service when you choose to do so

  • To provide customer support

  • Cookies and Usage Data

  • To gather analysis or valuable information so that we can

    improve our Service

  • To monitor the usage of our Service

  • To detect, prevent and address technical issues

  • To provide you with news, special offers and general

    information about other goods, services
    and events which we offer that are similar to those that you have already purchased or
    enquired about unless you have opted not to receive such information

Legal Basis for Processing Personal Data Under the General Data

Protection Regulations (GDPR)

If you are from the European Economic Area (EEA), ZGIVE LLC legal

basis for collecting and using the personal information described in this

Privacy Policy depends on the Personal Data we collect and the specific

context in which we collect it.

ZGIVE LLC may process your Personal Data because:

  • We need to perform a contract with you

  • You have given us permission to do so

  • The processing is in our legitimate interests and it is not

    overridden by your rights

  • For payment processing purposes

  • To comply with the law

Retention of Data

ZGIVE LLC will retain your Personal Data only for as long as is necessary

for the purposes set out in this Privacy Policy. We will retain and use

your Personal Data to the extent necessary to comply with our legal

obligations (for example, if we are required to retain your data to

comply with applicable laws), resolve disputes and enforce our legal

agreements and policies.

ZGIVE LLC will also retain Usage Data for internal analysis purposes.

Usage Data is generally retained for a shorter period of time, except

when this data is used to strengthen the security or to improve the

functionality of our Service, or we are legally obligated to retain this

data for longer periods.

Transfer of Data

Your information, including Personal Data, may be transferred to — and

maintained on — computers located outside of your state, province,

country or other governmental jurisdiction where the data protection

laws may differ from those of your jurisdiction.

If you are located outside United States and choose to provide

information to us, please note that we transfer the data, including

Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such

information represents your agreement to that transfer.

ZGIVE LLC will take all the steps reasonably necessary to ensure that

your data is treated securely and in accordance with this Privacy Policy

and no transfer of your Personal Data will take place to an organization

or a country unless there are adequate controls in place including the

security of your data and other personal information.

Business Transaction

Disclosure for Law Enforcement

Legal Requirements

If ZGIVE LLC is involved in a merger, acquisition or asset sale, your

Personal Data may be transferred. We will provide notice before your

Personal Data is transferred and becomes subject to a different Privacy

Policy.

Under certain circumstances, ZGIVE LLC may be required to disclose

your Personal Data if required to do so by law or in response to valid

requests by public authorities (e.g. a court or a government agency).

ZGIVE LLC may disclose your Personal Data in the good faith belief that

such action is necessary to:

  • To comply with a legal obligation

  • To protect and defend the rights or property of ZGIVE LLC

  • To prevent or investigate possible wrongdoing in

    connection with the Service

• To protect the personal safety of users of the Service or the

public
• To protect against legal liability

Security of Data

The security of your data is important to us but remember that no

method of transmission over the Internet or method of electronic

storage is 100% secure. While we strive to use commercially acceptable

means to protect your Personal Data, we cannot guarantee its absolute

security.

Our Policy on “Do Not Track” Signals Under the California Online

Protection Act (CALOPPA)

We do not support Do Not Track ("DNT"). Do Not Track is a preference

you can set in your web browser to inform websites that you do not

want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or

Settings page of your web browser.

Your Data Protection Rights Under the General Data Protection

Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have

certain data protection rights. ZGIVE LLC aims to take reasonable steps

to allow you to correct, amend, delete or limit the use of your Personal

Data.

If you wish to be informed about what Personal Data, we hold about

you and if you want it to be removed from our systems, please contact

us.

In certain circumstances, you have the following data protection rights:

• The Right to Access, Update or Delete the Information We Have on You: Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

  • The Right to Rectification: You have the right to have your information rectified if that information is inaccurate or incomplete.

  • The Right to Object: You have the right to object to our processing of your Personal Data.

  • The Right of Restriction: You have the right to request that we restrict the processing of your personal information.

  • The Right to Data Portability: You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

  • The Right to Withdraw Consent: You also have the right to withdraw your consent at any time where ZGIVE LLC relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before

responding to such requests.

You have the right to complain to a Data Protection Authority about

our collection and use of your Personal Data. For more information,

please contact your local data protection authority in the European

Economic Area (EEA).

Service Providers

We may employ third-party companies and individuals to facilitate our

Service ("Service Providers"), provide the Service on our behalf, perform

Service-related services or assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform

these tasks on our behalf and are obligated not to disclose or use it for

any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the

use of our Service such as

Google Analytics, which is a web analytics service offered by Google

that tracks and reports website traffic. Google uses the data collected

to track and monitor the use of our Service. This data is shared with

other Google services. Google may use the collected data to

contextualize and personalize the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the

Google Privacy & Terms web page:

https://policies.google.com/privacy?hl=en

Behavioral Remarketing

Google Ads (AdWords)
Google Ads (AdWords) remarketing service is provided by Google Inc.

ZGIVE LLC uses remarketing services to advertise on third-party

websites to you after you visited our Service. We and our third-party

vendors use cookies to inform, optimize and serve ads based on your

past visits to our Service.

You can opt-out of Google Analytics for Display Advertising and

customize the Google Display Network ads by visiting the Google Ads

Settings page: http://www.google.com/settings/ads

Google also recommends installing the Google Analytics Opt-out

Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your

web browser. Google Analytics Opt-out Browser Add-on provides

visitors with the ability to prevent their data from being collected and

used by Google Analytics.

For more information on the privacy practices of Google, please visit the

Google Privacy & Terms web page:

https://policies.google.com/privacy?hl=en

Twitter
Twitter remarketing service is provided by Twitter Inc.

You can learn more about the privacy practices and policies of Twitter

You can opt-out from Twitter's interest-based ads by following their

instructions: https://support.twitter.com/articles/20170405

by visiting their Privacy Policy page: https://twitter.com/privacy Facebook
Facebook remarketing service is provided by Facebook Inc.

You can learn more about interest-based advertising from Facebook by

visiting this page: https://www.facebook.com/help/164968693837950

To opt-out from Facebook's interest-based ads, follow these

instructions from Facebook:

https://www.facebook.com/help/568137493302217

Facebook adheres to the Self-Regulatory Principles for Online

Behavioral Advertising established by the Digital Advertising Alliance.

You can also opt-out from Facebook and other participating companies

through the Digital Advertising Alliance in the USA

http://www.aboutads.info/choices/, the Digital Advertising Alliance of

Canada in Canada http://youradchoices.ca/ or the European Interactive

Digital Advertising Alliance in Europe

http://www.youronlinechoices.eu/, or opt-out using your mobile device

settings.

For more information on the privacy practices of Facebook, please visit

Facebook's Data Policy: https://www.facebook.com/privacy/explanation

Pinterest
Pinterest remarketing service is provided by Pinterest Inc.

You can opt-out from Pinterest's interest-based ads by enabling the

"Do Not Track" functionality of your web browser or by following

Pinterest instructions:

http://help.pinterest.com/en/articles/personalization-and-data

You can learn more about the privacy practices and policies of Pinterest

by visiting their Privacy Policy page:

https://about.pinterest.com/en/privacy-policy

AdRoll
AdRoll remarketing service is provided by Semantic Sugar, Inc.

You can opt-out of AdRoll remarketing by visiting this AdRoll

Advertising Preferences web page:

http://info.evidon.com/pub_info/573?v=1&nt=1&nw=false

For more information on the privacy practices of AdRoll, please visit the

AdRoll Privacy Policy web page: http://www.adroll.com/about/privacy

Perfect Audience
Perfect Audience remarketing service is provided by NowSpots Inc.

You can opt-out of Perfect Audience remarketing by visiting these

pages: Platform Opt-out (http://pixel.prfct.co/coo) and Partner Opt-out

(http://ib.adnxs.com/optout).

For more information on the privacy practices of Perfect Audience,

please visit the Perfect Audience Privacy Policy & Opt-out web page:

https://www.perfectaudience.com/privacy/index.html

AppNexus
AppNexus remarketing service is provided by AppNexus Inc.

You can opt-out of AppNexus remarketing by visiting the Privacy & the

AppNexus Platform web page: http://www.appnexus.com/platform-

policy#choices

For more information on the privacy practices of AppNexus, please visit

the AppNexus Platform Privacy Policy web page:

http://www.appnexus.com/platform-policy/

Payments

We may provide paid products and/or services within the Service. In

that case, we use third-party services for payment processing (e.g.

payment processors).

We will not store or collect your payment card details. That information

is provided directly to our third-party payment processors whose use of

your personal information is governed by their Privacy Policy. These

payment processors adhere to the standards set by PCI-DSS as

managed by the PCI Security Standards Council, which is a joint effort

of brands like Visa, MasterCard, American Express and Discover. PCI-

DSS requirements help ensure the secure handling of payment

information.

PAYMENT PROCESSORS

Clover Connect/CardConnect

ApplePay

GooglePay

Apple Store In-App Payments

Authorize.Net
Their Privacy Policy can be viewed at

Their Privacy Policy can be viewed at https://cardconnect.com/privacy-

policy/

Their Privacy Policy can be viewed at

https://www.apple.com/legal/privacy/en-ww/

(https://www.apple.com/legal/privacy/en-ww//)

Their Privacy Policy can be viewed at

https://payments.google.com/payments/apis-

secure/get_legal_document?ldo=0&ldt=privacynotice&ldl=en/

(https://payments.google.com/payments/apis-

secure/get_legal_document?ldo=0&ldt=privacynotice&ldl=en//)

Their Privacy Policy can be viewed at

https://www.apple.com/legal/privacy/en-ww/

https://www.authorize.net/company/privacy/ Links to Other Sites

Our Service may contain links to other sites that are not operated by us.

If you click a third- party link, you will be directed to that third-party's

site. We strongly advise you to review the Privacy Policy of every site

you visit.

We have no control over and assume no responsibility for the content,

privacy policies or practices of any third-party sites or services.

Children’s Privacy
Our Service does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from

anyone under the age of 18. If you are a parent or guardian and you are

aware that your Child has provided us with Personal Data, please

contact us. If we become aware that we have collected Personal Data

from children without verification of parental consent, we take steps to

remove that information from our servers.

Mobile Messaging, SMS, MMS Text

You agree to receive messages, SMS, MMS or other text-related

correspondence via your mobile device from ZGIVE or any of its

affiliates or clients. Frequency of messaging will be variable but will not

exceed 60 messages per month. Upon the completion of your

donation, you will receive a ‘thank-you’ text and email message. You will

have the option to opt-out or unsubscribe. If your information was

provided to an organization through any means and you opted in to

receive text messages from them using a software or platform that is

not ZGIVE, and the organization subsequently uses our technology to

send/receive text messages to/from you, the original opt-in to receive

text messages from ZGIVE or the original affiliate or client is in force

and you will have an option to opt-out or unsubscribe. You also agree

that the phone number or short code that was used during the original

opt-in can be changed without forfeiting your opt-in status. Message

and data rates may apply.