Terms And Conditions

Terms of Use Agreement (March 27, 2020)
Welcome to The Rosity Fundraising Platform (“The Platform”); we are so glad you decided to take the steps that you did to either become a Registered User (defined below) of The Platform or participate or interact in any other capacity with The Platform.  The Platform is made up of online and other services, including donation services provided by The Rosity Charity Corp., a 501(c)(3) organization (“Rosity Charity”) and services rendered by TRC Management Company, LLC, a company engaged to perform various administrative and other services for Rosity Charity (“Management Co”).  Throughout this Terms of Use Agreement (the “Agreement”), any reference to “we”, “us”, “our” and like terms are meant to include both Rosity Charity and Management Co.

We invite you to access and use the services provided by, and through, The Platform ("Services"), which are made, or may be made, available to you through a variety of websites, portals, mobile apps, and platforms, including https://www.RosityCharity.org (the “Website”).
  
We provide our Services to Guests and Registered Users (as defined below) subject to the Agreement, which may be updated by us from time to time without notice to you. The Agreement is a binding agreement between you, Rosity Charity and Management Co. Your access to and continued use of certain areas within the Website located at https://www.RosityCharity.org (including any successor sites), including any portions of the Website that require registration, constitutes your reading, understanding and acceptance, without limitation, of the terms and conditions of the Agreement. You accept and agree to be legally bound by the Agreement and our Privacy Policy, which is repeated below. If you do not agree to any of these terms, then please do not use the Services, the Website or The Platform.
 1.         Description of Services
The Platform helps Registered Users and Guests research charities and make donations to Rosity Charity. Funds provided the Rosity Charity may be distributed to other charities, in accordance with the Registered Users or Guests preferences, if provided.  While we will endeavor to honor the Registered Users or Guests preferences, assurances cannot be made that the Registered Users or Guests preferences will be met in all cases.  In the event they cannot be met, the grant that was originally requested be made to a preferred charity will be made to either (a) a charity with a similar mission or (b) be allocated across several charities as determined by the board of directors of Rosity Charity.

We provide Guests and Registered Users with access to the Services as described in the Agreement.
 
Registered Users.  A person becomes a Registered User when they complete the registration process which requires providing certain personal information (some of which is verified by an outside service) and choosing a password.  Login is required for all Registered Users, who are able to access and utilize the Services.

Guests.  Guest users are those who choose not to complete the registration process but still want access to the Services as that of a Registered User. No login is required for Guests and anything entered on the Website will not be saved for future use or reference.

The Platform is under no obligation to accept any individual as a Registered User, and may accept or reject any registration in its sole and complete discretion. In addition, The Platform may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated the Agreement.

Use of Third-Party Service Providers. The Platform may, from time to time, engage or use third-party services or information.   The service providers we may choose to use will be ones with a reputation for providing reliable data and services and ones with acceptable privacy policies.  While we will embark of ensuring the third-parties meet certain standards, we can make no assurances that this will be the case.

Privacy Policy.  The Rosity Charity Corp (“Rosity Charity”), and its service provider, TRC Management Company, LLC (“Management Co”) will NOT sell, distribute, lease or otherwise disclose your personal identifiable information or financial information to third parties unless we have your express permission to do so, or if required by law. Specifically, we will NOT provide or disclose your personal identifiable information or financial information to any charities that you have decided to support.  There may be the case where we are utilizing a third-party to verify certain information “Verification Agent”, and as such, a limited amount of personal information will be shared with such Verification Agent. 

If you request additional information about Rosity Charity or Management Co, or you submit a donation online (or participate in any of the other services offered by either Rosity Charity or Management Co) on the Website, that require personal information, we will collect and store the information provided by you such that we can correspond about Rosity Charity, Management Co and any partners and third parties.
 
If you make an online donation to Rosity Charity, and specifically any recurring donation, any financial information collected may be stored in a safe, secure setting, and will only be used to fulfill donation requests.
2.         General Use Guidelines 
The Platform functions best when its users follow some basic rules. By accessing and/or using the Services, you agree to comply with these General Use Guidelines (the “Guidelines”):

You will not use the Services for any unlawful purpose and only as authorized by the Agreement;
Any information provided by you on the Website and/or in any communication with us will be truthful and be your information to provide;
You will not copy any data included on the Website for any unlawful or unethical purpose and you will not misrepresent any information copied;
You will not upload, post, email, copy, transmit, or otherwise make available any content that infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity;
You will not upload, post, email, copy, transmit, or otherwise make available any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
You will not upload, post, email, copy, transmit, or otherwise make available any content that is defamatory, libelous, knowingly false, indecent, obscene, pornographic, sexually explicit, invasive of another's privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity);
You will not upload, post, email, copy, transmit, or otherwise make available any content that you will not upload, post, email, copy, transmit, or otherwise make available any content that discloses any sensitive information about another person, including that person's e-mail address, mailing or permanent address, phone number, credit card information, or any similar information.
You will not "stalk," threaten, or otherwise harass another Guest or Registered User;
You will not instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
You will be courteous, treating everyone with respect, as showing respect to others makes the community better for all members;
You will not spam or use the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, website, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
You will not gather for the purpose of "spamming" any email addresses that users post in any public posting areas;
You will not post any off-topic or irrelevant material to the Website;
You will not violate any applicable local, state, national, or international law;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not create a false identity for the purpose of misleading others;
You will not disassemble, decode, decompile, or otherwise reverse engineer The Platform or the Website, including, without limitation, any interfaces or software programs comprising the Website;
You will not use any data mining, robots, or similar data gathering and extraction methods with respect to the Platform, the Website or any portion thereof;
You will not interfere with or attempt to interrupt the proper operation of the Services or the Platform through the use of any means designed to interrupt, destroy, or limit the functionality of any computer software, hardware, telecommunications, or other equipment, or to cause a security breach of such software, hardware, telecommunications, or other equipment (such as a virus, worm, computer code, file, program, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means);
You may not republish or distribute information from the Website without our express written consent and;
You may not modify information from the Website.

Unless explicitly stated otherwise, any new feature that enhances or supplements the Website shall be subject to the Agreement. We reserve the right, in our sole and absolute discretion, to deny you access to the Services, or any portion of the Services, without notice, and to remove any content that does not adhere to these guidelines.
3.         Fees Paid by Rosity Charity

In order to provide the Services, Rosity Charity may incur fees by various third parties and/or Management Co.  These fees will generally, but not exclusively, be related to verification of data, processing of credit and/or debit cards, administrative and fundraising services.  Your acceptance of the Agreement constitutes an acknowledgement and acceptance of these fees.  Under no circumstance will you be responsible for these fees. 
4.         Age Restrictions

Age 13 – 18.  The Services are available for individuals aged 13 years or older and you represent that you are at least 13 years of age.  If you are between the ages of 13 and 18, you should review the Agreement and the Privacy Policy with a parent or legal guardian to make sure that you and your parent or legal guardian understands them and agree to them.  If you are between the ages of 13 and 18, you may make a donation only if (i) you are an authorized user of the credit card used to make the donation (ii) you have the approval of a parent or legal guardian and (iii) you have the approval of the person whose credit card you are using.

Age 18 and Above.  The unrestricted Services are available for individuals aged 18 years or older and you represent that you are at least 18 years of age.  You may make a donation only if (i) you are an authorized user of the credit card used to make the donation and (ii) if you have the approval of the person whose credit card you are using.
 5.         Registration Process

During the registration process for Registered Users, you will to create an account, which includes a user ID (generally your email address) ("User ID"), a password ("Password"), and other mandatory information, such as primary email address and primary telephone number.  When creating your account, you must provide true, accurate, current, and complete information. Each User ID can be used by only one Registered User. You are solely responsible for the confidentiality and use of your Used ID and Password as well as the account number you will be assigned upon successful registration (the “Account Number”).  You will promptly inform us of any need to deactivate a User ID, Password or Account Number.  You will promptly inform us, or edit your profile, of any change in email addresses, telephone numbers, mailing address and/or any other material that forms part of your profile.  You will promptly notify us if your User ID, Password and/or Account Number are compromised in any fashion.  We reserve the right to delete or change your User ID, Password, or Account Number at any time and for any reason. Rosity Charity or Management Co will not be liable for any loss or damage caused by any unauthorized use of your account.
6.         Intellectual Property
The Platform contain material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of the Platform (collectively referred to as "Content"). Content may be owned by us or by third parties. Content is protected under both United States and foreign laws. Unauthorized use of Content may violate copyright, trademark, and other laws. You have no rights in or to Content, and you will not use Content except as permitted under the Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use Content in any way for any public or commercial purpose. The use or posting of Content on any other website, or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of the Agreement, your permission to access and/or use Content and the Services automatically terminates and you must immediately destroy any copies you have made of Content.

The trademarks, service marks, and logos of the Rosity Charity and/or Management Co. (the “Trademarks") used and displayed on the Services are registered and unregistered trademarks or service marks.  Other company, product, and service names located on the Services may be trademarks or service marks owned by others ("Third-Party Trademarks"). Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use Trademarks, without our prior written permission specific for each such use. 

Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of Content may be retransmitted without our express, written consent for each and every instance.
7.         Communications With Us

Communications From The Platform.  You understand and agree that, as part of your registration process for and use of the Website, we may send you certain communications from time to time.  You further understand and agree that your agreement to receive such communications is a condition of your continued use of the Website as a Registered User. 
           
Communications to The Platform.  Although we encourage you to contact us, we do not want you to, and you should not, send us any content that contains confidential information that violates the above Guidelines.  With respect to all communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without any payment or obligation to you.

8.         No Warranties; Limitations of Liability

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF THE SERVICES AND WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES, ITS SERVERS, ITS CONTENT, OR USER CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF CONTENT, USER CONTENT, OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE CONTENT AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE, INABILITY TO USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF ANY CONTENT OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

THE INFORMATION PRESENTED ON OR THROUGH THE WEBSITE IS MADE AVAILABLE FOR GENERAL INFORMATION PURPOSES.  WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION.  ANY RELIANCE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK.  WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED BY ANY OF ITS CONTENTS. 
 
THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR OTHER ERRORS LISTED ON THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICES AT ANY TIME WITHOUT NOTICE

9.         External Sites

The Services may contain links to third-party websites ("Third-Party Websites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such Third-Party Websites. The content of such Third-Party Websites is developed and provided by others. You should contact the site administrator or webmaster for those Third-Party Websites if you have any concerns regarding such links or any content located on such Third-Party Websites. We are not responsible for the content of any linked Third-Party Websites and do not make any representations regarding the content or accuracy of materials on such Third-Party Websites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked Third-Party Websites, you do so at your own risk.
10.       Representations; Warranties; and Indemnification 
 
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assign harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of the Agreement; (ii) your access to, use, or misuse of Content or the Services, and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
11.       Compliance With Applicable Laws

The Services are based in the United States and intended for use in the United States. We make no claims concerning whether Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Services or Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
12.       Termination of the Agreement

We reserve the right, in our sole discretion, to restrict, suspend, or terminate the Agreement and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.  We will make reasonable efforts to provide you with notice in the event we terminate you access to the Services.
13.       Digital Millennium Copyright Act

The Platform respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or User Content deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the "Act") for the receipt of any Notification of Claimed Infringement which may be given under the Act is as follows:
The Rosity Charity Corp
1870 N Corporate Lakes Blvd - #266604
Weston, Florida 33326

TRC Management Company, LLC
832 Savannah Falls Drive
Weston, Florida 33327

If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

14.       Miscellaneous  

The Agreement is governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of Florida; and (ii) that the Services shall be deemed passive that do not give rise to personal jurisdiction over Rosity Charity and/or Management Co., either specific or general, in jurisdictions other than Florida. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If any provision of the Agreement is found to be invalid, or otherwise contrary to the law or equity, by a court of competent jurisdiction or terminated in accordance with the Termination provision above, you and The Platform agree that such provision shall be automatically severed and the remainder of the Agreement that can be given effect shall continue to be given effect. The invalidity or termination of such provision shall not affect the validity of any other provisions outlined in the Agreement.

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in the Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, the Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. The Agreement will inure to the benefit of our successors, assigns, licensees, and sub-licensees.