Please be advised that by clicking “I Agree”, you indicate that you accept these terms set forth below in this agreement and that you agree to abide by them. If you do not agree to these terms, or you are under 18 years of age or under a legal age stipulated by any laws in force, you must not proceed with this and should leave this section immediately and do not participate.
1. CONSENT: You agree to pay and transfer the money as a gift to the Company to be used as follows:
2. ELIGIBILITY. Any website user may become a Contributor by pledging a donation to the Company by using the donation tool on this website. Contributors from worldwide above the age of 18 or such age applicable under laws prevailing in the country of citizenship and having a legal capacity to enter into agreements are eligible to contribute.
3. ELECTRONIC RECORDS. Certain Services provided through this Site are provided electronically and you understand that you must consent to receive all and every important information electronically if you wish to avail, participate and use such Services. Your consent shall also include, but not limited to, this Agreement, notices, disclosures, information, policies and other materials in electronic form (collectively "Electronic Records"), rather than in paper form or any other form. Your consent to receive Electronic Records applies to all notices, disclosures, documents, records or other materials of any kind that Yoditdates.com may be required to provide to you.
4. CONTRIBUTION AND DONATION. You irrevocably give, deliver, transfer and assign to the Company on an unrestricted basis all rights over the monies transferred by You to the Company which shall have the sole legal right to determine the disposition. All gifts, bequests, and devises made to the Company are subject to acceptance by the management of company and shall be irrevocable once accepted by the Company.
5. ADMINISTRATIVE PROVISIONS. Notwithstanding anything herein to the contrary, the Company shall hold all donations, and all contributions, subject to the provisions of this agreement along with the applicable laws in Washington and the Articles of Incorporation and Bylaws of the Powerful Human LLC.
6. NOT A PUBLIC CHARITY OR SEPARATE TRUST. You understand that all proceeds shall be held by the Company for the purposes specified herein and there is no separate trust or non-profit organization setup for this purpose.
7. ACCOUNTING. The Company shall make all necessary endeavors to keep accurate accounts on the receipts and disbursements towards contribution received from the Contributors. Notwithstanding anything stated previously, You understand and agree that the Company shall not be under any obligation to disclose or divulge to You or any Contributor or a third party any information related to disbursement and expenditure for whatsoever reason.
8. USE AND ALLOCATION OF FUNDS. You understand that The Company shall have all powers necessary, or in its sole discretion desirable, to carry out the purposes of the funds, including, but not limited to, the power to retain, distribute, transfer, invest and the power to commingle these funds with those of other funds held by the Company for any other purpose.
9. TAXATION AND OTHER FEES. You understand that the Company is not a public charity and your contribution may not be eligible for tax exemption under 501(c)(3) of the Internal Revenue Code of 1986 or any other applicable laws in the country of the applicant. You also understand that you shall be liable to pay any taxes, charges levied by any competent authorities towards your contribution to the Company.
10. FORCE MAJEURE. You understand that the events may be organized in countries outside USA and the Company does not have any control over the prevailing local laws and regulations and, particularly, weather. While the Company shall make all efforts to successfully organize and complete the events as specified on the web site, in case of untoward events including but not limited to bad weather, natural calamities, inability of participating persons due to illness, death or any other reason, restriction imposed by local laws or authorities, etc., the Company shall without any prior notice to You postpone the event to any future date or indefinitely, or shall in its own discretion without assigning any reason to You cancel the event and utilize the contributions received to any other event or purpose as the Company shall deem fit.
11. NO REFUNDS. You acknowledge and agree that all donations are final and will not be returned, in whole or in part.
12. RECEIPT AND RETURN GIFTS. The Company shall acknowledge the Contribution through email or by any other means and may issue a receipt to You through email or any other mode as it deems fit. The company shall make all endeavors to send thank-you gifts to the Contributors towards their noble gesture on its sole discretion, but this does not create any right or interest on the part of the Contributor to receive a gift.
13. PUBLICITY. The Company may in its own discretion choose to publicize Contribution received and will have the right, without charge, to photograph the Contributor and use the names, likenesses, and images of the Contributor in photographic, audiovisual, digital or any other form of medium (the “Media Materials”) and to use, reproduce, distribute, exhibit, and publish the Media Materials in any manner and in whole or in part, including in brochures, website postings, informational and marketing materials, and reports and publications describing Company’s development and business activities.
14. FAILED TRANSACTIONS. You acknowledge and agree that the Company may use third-party payment gateway service provider to collect contributions or monies from you and therefore shall not be responsible for any failed or cancelled transactions.
15. CONTRIBUTOR REPRESENTATIONS.
16. SOFTWARE AND INTELLECTUAL PROPERTY. Powerful Human and its logos are the registered trademarks owned by the Company and its associates and shall not be used without expressed permission or valid license from the Company. The donation tool, this web site and other software tools are provided to you only an as-is basis without any guarantee or warranty. The Company does not make any representations or warranties towards the accuracy, working or functionality of donation tool, software or any features of this web site and shall not be responsible for any loss or damage sustained by you.
17. DISPUTES AND GOVERNING LAWS. You agree that any dispute arising from this Agreement will be governed by the laws of the State of Washington (USA), without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You and the Company agree to submit to the sole and exclusive jurisdiction of, and agree that venue is proper in, the state courts located in Washington (USA) and the federal courts in such legal action or proceeding. As a fair and equitable alternative, you elect any conflict of payment towards contributions made via credit card at this Web site be bindingly arbitrated, irrevocably, without exception and without recourse, by an sole arbitrator appointed by the Company and you shall be responsible for all fees payable towards such appointment.
18. ENTIRE AGREEMENT. This Agreement in conjunction with Other Policies constitutes the entire agreement with regard to the matters referred to herein, and supersedes all prior oral and written agreement, if any, of the parties in respect hereto. This Agreement may be modified without prior notice to You by the Company. The captions inserted in this Agreement are for convenience only and in no way define, limit, or otherwise describe the scope or intent of this Agreement, or any provision hereof, or in any way affect the interpretation of this Agreement.