TERMS AND CONDITIONS

A. INTRODUCTION

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.

B. DEFINITIONS

“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 act.

“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 transactions online.

“Committee” refers to a political campaign Committee and sub-merchants of ECMS who use our Site to raise funds or otherwise process financial transactions online.

“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.

C. GENERAL

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.

D. ELIGIBILITY

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.   

E. ACCEPTANCE

To conduct a transaction with a Candidate or Committee on the Site, You must read, agree with, and accept all of the Terms and Conditions contained in this Agreement and Privacy Policy. This Agreement is governed by the laws of Florida.  By agreeing to these Terms and Conditions and by using the Site to process a transaction, You agree to be bound by all federal, municipal, and state laws related to the processing of Your financial transaction. 

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

F. PRIVACY POLICY

By using this Site, You agree to be bound by the Privacy Policy, which is incorporated into this Agreement and can be found on Our Site.   

G. LICENSE

By using this Site, You agree to allow Election Campaign Management Solutions to use the information You supply us with, and You further agree that, in using this information, we are not violating any rights You might have in that information. You also agree to grant ECMS a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable, through multiple tiers, right to exercise the copyright, privacy, publicity, database and other intellectual property rights You have in Your Information, in any media now known or not currently known, with respect to Your Information.  ECMS will only use Your Information in accordance with our Privacy Policy.  ECMS permits You to view and use a single copy of the Site solely for Your use in association with making and accepting payments through the service. You agree not to license, sublicense, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Site.

H. ACCESS

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.  

Additionally, You agree that You will not copy, reproduce, distribute, republish, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, reverse engineer, disassemble, decompile, translate, download or otherwise appropriate all or any part of the Site except as expressly authorized herein.  As a condition of access to the Site and its services, ECMS may require You to become a Member and establish a membership account with ECMS. When creating Your account, You must provide accurate and complete information, including but not limited to information regarding Your age.  Subsequent use of information provided when creating Your account is governed by the terms of the Electronic Campaign Management Solutions’ Privacy Policy.  All required registration information that You provide must be current, complete, and accurate and kept up to date on a prompt, timely basis.

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 and all applicable taxes.  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.  

K. REFUNDS

To initiate a refund on a transaction back to a Contributor, contact info@donatebucket.com.  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.

Refunds are only available up to 45 days after the transaction date.  After 45 days, ECMS will no longer be able to issue a refund and You will need to contact the Candidate or Committee directly.  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. 

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
    • City
    • State
    • Zip
    • Phone
    • Website
    • 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 from
    • Annual transaction volume
    • Average transaction amount
  • Administrative Contact
    • Name
    • Email
    • Phone
  • 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 suppliers.

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 laws. 

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.

P. TRANSFERABILITY

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.

Q.INTERFERENCE

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.

T. AGENCY

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. 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), named below: 

  • 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, info@donatebucket.com, 1-888-992-3763, 1779 N. University Dr., #102, Pembroke Pines, FL 33024.

V. MISCELLANEOUS

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.

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.

X. QUESTIONS

Any addition requests or questions must be sent to info@donatebucket.com.

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