Welcome to the Terms and Conditions (“Agreement”) for Election Campaign
Management Solutions, LLC.
The service provided by donatebucket.com allows users to make specified payments or donations to select third parties.
This Agreement sets forth the Terms and Conditions under which Election Campaign
Management Solutions provides You access to the Site and the service.
“Election Campaign Management Solutions,” “ECMS,” “We,”
and “Our” refer to Election Campaign Management Solutions, LLC
“You” and “Yours” refers to You personally acting in Your
own interest or on the behalf of another entity for which You are authorized to
“Candidate” refers to a political Candidate for public elected office
and sub-merchants of ECMS who use our Site to raise funds or otherwise process financial
“Committee” refers to a political campaign Committee and sub-merchants
of ECMS who use our Site to raise funds or otherwise process financial transactions
“Contributor” refers to a person or entity that makes a political campaign contribution to a Candidate or Committee and processes that transaction on the Site.
“Site” refers to www.donatebucket.com.
“Your Information” refers to any information You provide to us or other users in connection with Your use of the Site.
This Agreement applies to Your use of the donatebucket.com website and all associated services.
This is an Agreement between You and Election Campaign Management Solutions.
These Terms and Conditions apply to Your use of our services available under the domain and sub-domains,
and API integrations of www.donatebucket.com (the “Site”), including but not limited to Election Campaign
Management Solutions, and the general principles for the Web Sites of any subsidiaries. If You do not agree to
be bound by the Terms and Conditions of this Agreement, You may not use or access our services.
Election Campaign Management Solutions may amend this Agreement at any time by posting the amended Terms and Conditions on the Site, and You agree that You will be bound by any changes. Election Campaign Management Solutions may make changes to the Site and/or the service at any time. You understand that Election Campaign Management Solutions may discontinue or restrict Your use of the Site and/or service with or without reason and without notice
The services hereunder are offered and provided by Election Campaign Management Solutions, LLC located at 1779 N. University Dr., #102, Pembroke Pines, FL 33024.
You represent that You are above the age of 18 and have the legal capacity to enter a contract in the jurisdiction where You reside. Our services are not available to children (persons under the age of 18), the mentally incompetent, or to temporarily or indefinitely suspended ECMS members.
If You are registering as a business entity, You represent that You have the authority to bind the entity to this Agreement.
Use of the Site to process a transaction constitutes Your binding acceptance to this Agreement, including any subsequent modifications made by Election Campaign Management Solutions. This Agreement may not be amended or modified except in a writing signed by You and Election Campaign Management Solutions
Election Campaign Management Solutions hereby grants You permission to use the Site as set forth in this Agreement, provided that: (i) You will not reproduce, copy or distribute any part of the Site in any medium without ECMS’s prior written authorization; (ii) You will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iii) You will otherwise comply with this Agreement.
ECMS reserves the right to establish different levels or durations of periods of membership, to charge for membership, access to the Site, content or services available through the Site, or any other use of the Site, to prohibit or limit membership, and to modify or revise the terms of membership, the duration of any period of membership at any level, or the amount or nature of any charges, at any time without notice. You are solely responsible for the activity that occurs on Your account. Although ECMS will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses of ECMS or others due to such unauthorized use. ECMS, in its sole discretion, may, but has no obligation to, monitor or review Your use of the Site at any time. ECMS may at any time without notice and in its sole discretion: (a) terminate a service or an area of the Site; and (b) disclose any information related to Your use of the Site, or the substance of Your Information, as ECMS deems necessary to comply with applicable law, regulation, legal process or governmental request.
I. TERMINATION OF SERVICE
ECMS reserves the right to deny service to any person at ECMS’s sole and absolute discretion. Without limiting other remedies, we may limit Your activity and/or temporarily suspend, indefinitely suspend, or terminate Your membership and refuse to provide our services to You if:
- You breach this Agreement or the documents it incorporates by reference;
- We are unable to verify or authenticate any information You provide to us; or
- We believe that Your actions may cause financial loss or legal liability for You,
our users, or us.
ECMS shall have no liability for any damages or losses resulting from any inaccessibility of the service or Site.
J. FEES AND SERVICES
Election Campaign Management Solutions provides some or all of its services for a fee. Fees are quoted only in United States dollars, unless otherwise stated. You are responsible for paying all fees associated with using our service and the Site. You are responsible for determining any and all taxes assesses, incurred, or required to be collected, paid, or withheld. Applicable fees will be described on the Site, and the statement of Terms and Conditions on the Site associated with the services is incorporated into this Agreement by reference.
We, in our sole discretion, may charge a fee or may change the fees, or associated Terms and Conditions, charged, for any goods or services provided on the Site, and unless otherwise stated the changes are immediately effective upon posting on the Site. We may in our sole discretion change some or all of our services at any time without notice. In the event we introduce a new service, the fees for that service are effective immediately upon the launch of the service.
Election Campaign Management Solutions will not issue a refund for reasons such as a change in political opinion, the loss of an election, or the cancellation of an event. All refund requests are subject to the availability of the contribution funds.
ECMS reserves the right to hold funds for the use of refunds. All refunds issued by Election Campaign Management Solutions will be credited back to the card used to make the contribution.
The refund request shall be initiated via use of the link labeled “Refund” located near the donor.
You hereby agree and acknowledge that $25 refund fee will be charged to the relevant account. This amount shall be directly debited from the relevant account. If the account has less than the amount necessary to cover the aforementioned refund fee, an invoice will be sent to your organization or committee and payment shall said invoice shall be made forthwith.
You hereby agree and acknowledge that in the event that funds have been transferred to your organization or committee, it is Your responsibility to provide the relevant donor with a the appropriate refund.
L. COLLECTION OF CLIENT INFORMATION AND ACCOUNT APPROVAL PROCESS
Prior to processing Candidate or Committee contributions through www.donatebucket.com, You will be required to provide information regarding the Candidate or Committee You are authorized to represent. ECMS will, but is not limited to, collect the following information about You and Your business entity:
- Legal Name of Entity
- Street Address
- Federal Tax ID number
- Organization Type
- 501(c)(3) Registered non-profit
- Political Candidate
- Other non-profit group
- For profit organization
- Credit Card Information
- Individuals or entities in which You are authorized to accept credit card payments
- Annual transaction volume
- Average transaction amount
- Administrative Contact
- Banking Information
- Financial institution name
- Routing number
- Checking account number
- Bank contact name
- Bank contact phone number
Upon collection of this information, Election Campaign Management Solutions and/or
ECMS partners will conduct a Client Approval process to validate Your submission
and the information provided about Your business entity. Election Campaign Management
Solutions and/or partners may, but are not limited to, use one or more of the following
forms of validation:
- Personal and/or organization credit check
- EIN verification services
- SSN verification services
- Website review
- 501(c)(3) registration services
- Public records search
- Contact Your banking provider
- Verification of political campaign status
Upon completion of the Client Approval process, Election Campaign Management Solutions
will notify You that Your account is in good standing and that You are authorized
to process transactions, or that ECMS has not approved Your fundraising account
request. ECMS reserves the right to not approve account requests for any reason.
M. CONTRIBUTOR INFORMATION
You are solely responsible for Your Information, and we act as a passive conduit for Your online distribution and publication of Your Information. Election Campaign Management Solutions does not endorse Your Information or any statements, opinions, recommendations, or advice expressed therein, and ECMS expressly disclaims any and all liability in connection with Your Information.
Your Information and Your activities on the Site shall not: be false, inaccurate
or misleading; be fraudulent or involve the sale of counterfeit or stolen items;
infringe any third party′s copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy; violate any law, statute,
ordinance or regulation, including, but not limited to, those governing elections,
political advertising, campaign contributions, export control, consumer protection,
unfair competition, antidiscrimination or false advertising; and create liability
for ECMS or cause us to lose, in whole or in part, the services of our ISPs or other
N. CANDIDATE FINANCE LAWS & REPORTING
Political contributions are governed by campaign finance laws. Election Campaign
Management Solutions makes its best effort to ensure that all contributions made
using www.donatebucket.com are in accordance with these laws. Nonetheless, You have
final responsibility for ensuring Your own compliance.
Election Campaign Management Solutions does not track users' contributions through
other avenues, for example fundraisers, Candidates' websites. Accordingly, You
are responsible for ensuring that Your total contributions through these different
avenues do not exceed Your contribution limits.
You as the Candidate or Committee are responsible for filing timely campaign finance
reports with the FEC or applicable state agencies. Election Campaign Management
Solutions is not in any way involved in the filing of campaign finance reports nor
are we liable or responsible for Your actions that violate applicable campaign finance
O. GOVERNING LAW
All disputes arising out of or related to Your use of the Site and/or the service
shall be subject to the exclusive jurisdiction of the state and federal courts located
in Miami-Dade County, Florida and You agree to submit to the personal jurisdiction
and venue of such courts.
You may not transfer, assign, or sell Your Election Campaign Management Solutions
account and/or user id, if any, to another party.
Election Campaign Management Solutions may transfer and/or assign this Agreement,
in whole or in part, to any person or entity at any time with or without Your consent.
You agree that You will not use any robot, spider, scraper or other automated means
to access the Site for any purpose without our express written permission.
Additionally, You agree that You will not: (i) take any action that imposes, or
may impose in our sole discretion an unreasonable or disproportionately large load
on our infrastructure; (ii) copy, reproduce, modify, create derivative works from,
distribute or publicly display any content, except for Your Information, from the
Site without the prior expressed written permission of ECMS and the appropriate
third party, as applicable; (iii) and interfere or attempt to interfere with the
proper working of the Site or any activities conducted on the Site; or (iv) bypass
our robot exclusion headers or other measures we may use to prevent or restrict
access to the Site.
R. DISCLAIMER OF WARRANTIES
THE SITE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES AND CONDITIONS OF SATISFACTORY
QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,
AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ELECTION CAMPAIGN MANAGEMENT
SOLUTIONS MAKES NO WARRANTY OR CONDITION AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY
OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE SERVICE.
YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE
SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. ELECTION CAMPAIGN MANAGEMENT SOLUTIONS
DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR SERVICE
AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE, OR
THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, ELECTION CAMPAIGN
MANAGEMENT SOLUTIONS DOES NOT REPRESENT AND WARRANT THAT YOU WILL RECEIVE PAYMENT
OR GOODS AND SERVICES FROM THIRD PARTIES WHEN CONDUCTING TRANSACTIONS THROUGH THE
SITE, AND/OR SERVICE, THAT YOU WILL RECEIVE REFUNDS FROM PAYEES OR THAT CHARGEBACKS
WILL NOT OCCUR.
S. LIMITATION OF LIABILITY
You agree to hold Election Campaign Management Solutions, LLC harmless from any
and all liabilities, losses, actions, damages, or claims, including all reasonable
expenses, costs, and attorney fees, arising out of or relating to any use of, or
reliance on, the Site, any breach by You of this Agreement or any other policies
that ECMS may issue for the Site and/or service from time to time, or any violation
of data protection or privacy laws through Your negligent or intentional use or
misuse of the service and/or Your account.
Under no circumstances will Election Campaign Management Solutions, LLC be liable
to You, or any other person or entity, for any loss of use, revenue, or profit,
lost or damaged data, or other commercial or economic loss, or for any direct, indirect,
incidental, special, statutory, punitive, exemplary or consequential damages whatsoever
related to Your use of this service or access to this Site, even if advised of the
possibility of such damages or if such damages are foreseeable. This limitation
shall apply even in the event of a fundamental or material breach or a breach of
the fundamental or material terms of this Agreement.
Election Campaign Management Solutions is not Your agent. You and ECMS are
independent contractors. You and ECMS have no partnership, joint venture,
employee-employer or franchiser-franchisee relationship. ECMS will act solely
on Your behalf as Your agent to process the transaction from Your Contributor.
U. INTELLECTUAL PROPERTY
TRADEMARKS. The Election Campaign Management Solutions name and logo are trademarks and service marks of Election Campaign Management Solutions. Unless permitted in a separate written agreement with Election Campaign Management Solutions, you do not have the right to use any of Election Campaign Management Solutions’ trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.
OWNERSHIP. You acknowledge and agree that Election Campaign Management Solutions, or its licensors, owns all right, title and interest in and to the Service, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Service is protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that Election Campaign Management Solutions has designated as confidential and you agree not to disclose such information without A Election Campaign Management Solutions' prior written consent.
FEEDBACK. We, including third party partners and our affiliates, may ask you for Feedback (as further defined below) on your experience with the Services. Election Campaign Management Solution shall become the owner of any reviews, comments, suggestions or other feedback regarding the Services posted to the Services or on Election Campaign Management Solutions’ social media pages (collectively, "Feedback") and it may share with any of its affiliates. Election Campaign Management Solution will not be required to treat any Feedback as confidential and will not be liable for any Feedback posted on the Services or elsewhere. Without limitation, Election Campaign Management Solution will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, including to advertise and promote Election Campaign Management Solution, without compensation to you or any other person sending the Feedback.
USER CONTENT. To the extent that you decide to post any content ("User Content"), including your profile information or Feedback, on the Services or on Election Campaign Management Solution's social media pages, you agree that your User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Election Campaign Management Solution all of the license rights granted herein. You acknowledge that you are responsible for whatever material you submit, and you, not Election Campaign Management Solution, have full responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright. Election Campaign Management Solution may refuse to accept or transmit User Content. Additionally, Election Campaign Management Solution t shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Content. You specifically waive any "moral rights" in and to the User Content.
V. DIGITAL MILLENNIUM COPYRIGHT ACT
Election Campaign Management Solutions does not permit copyright infringing activities
and infringement of intellectual property rights on the Site, and ECMS reserves
the right to take all appropriate measures to prevent infringing activities on the
Site, including, but not limited to, removing or disabling access to items and/or
terminating access to the Site by repeat infringers, i.e. someone who has been notified
of infringing activity more than twice and/or has had items removed from the Site
more than twice.
ECMS will remove or disable access to an item if properly notified that the item
infringes on another′s intellectual property rights. If You believe
that Your work has been copied in a way that constitutes copyright infringement,
please forward the following information to ECMS’s Designated Agent, designated
as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2),
- Your address, telephone number, and email address;
- A description of the copyrighted work that You claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by You that You have a good faith belief that the disputed use is not
authorized by You, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest; and
- A statement by You, made under penalty of perjury, that the above information in
Your notice is accurate and that You are the copyright owner or authorized to act
on the copyright owner's behalf.
ECMS’s Designated Agent to receive notifications of claimed infringement is:
Anthony Bustamante, email@example.com, 1-888-992-3763, 1779 N. University Dr.,
#102, Pembroke Pines, FL 33024.
SEVERABILITY: If any part of this Agreement is determined
to be invalid or unenforceable, then that portion shall be severed, and the remainder
of the Agreement shall be given full force and effect.
NO VIOLATION OF LAW: You agree that you will not, in connection with your use of the Site or Service, violate any applicable law, ordinance, rule, regulation or treaty. Without limiting the foregoing, you agree that you will not make available through the Site or Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
LINKS FROM THE SITE: The Site may contain links to websites operated by other parties. ECMS provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of ECMS and ECMS is not responsible for the content available on the other websites. Such links do not imply ECMS's endorsement of information or material on any other website and ECMS disclaims all liability with regard to your access to and use of such linked websites.
ATTORNEYS’ FEES: In the event any litigation or arbitration
is brought by either party in connection with this Agreement, the prevailing party
shall be entitled to recover from the other party all the reasonable costs, attorneys’
fees, and other expenses incurred by such prevailing party in the litigation.
NO WAIVER: Our failure to enforce any provision of this Agreement
shall in no way be construed to be a present or future waiver of such provision,
nor in any way affect the right of any party to enforce each and every such provision
thereafter. The express waiver by us of any provision, condition, or requirement
of this Agreement shall not constitute a waiver of any future obligation to comply
with such provision, condition or requirement.
NOTICES: All notices given by You or required under this
Agreement shall be in writing and addressed to: 1779 N. University Dr., #102, Pembroke
Pines, FL 33024.
EQUITABLE REMEDIES: You hereby agree that Election Campaign
Management Solutions would be irreparably damaged if the terms of this Agreement
were not specifically enforced, and therefore You agree that we shall be entitled,
without bond, other security, or proof of damages, to appropriate equitable remedies
with respect to any breach of this Agreement, in addition to such other remedies
as we may otherwise have available to us under applicable laws.
ENTIRE AGREEMENT: This Agreement, including the documents
expressly incorporated by reference, constitutes the entire agreement between You
and us with respect to the Site and/or service and supersedes all prior or contemporaneous
communications, whether electronic, oral or written, between You and us with respect
to the Site and/or service.
Any addition requests or questions must be sent to firstname.lastname@example.org.