Terms and Conditions

This page explains the Terms and Conditions for using Help Fund A Veteran (HFAVET). When you use this website, you agree to all the rules on this page. While some information has to be explained in legal language, this page provides a set of clear explanations of what everything means.

Welcome to HFAVET. By using this website (the “Site”) and services (together with the Site, the “Services”) offered by HFAVET LLC, you agree to these legally binding rules (the “Terms”). By using this site, you also agree to the Privacy Policy found on this website and agree to abide by any other rules on the HFAVET’s website.

We may change these terms occasionally. If and we information is altered, you will be notified about any material changes via site or a personal email. Continued use of this site following a change means that you accept the new terms.

Donation Funds and Fees

HFAVET charges a flat fee of 5 percent on all payments that are collected. The service works with WePay in the United States and PayPal or Stripe internationally to ensure that all donations go directly to you automatically and in real-time.

All fees are deducted from each transaction automatically so you will never receive a bill for any campaign you run on HFAVET.

HFAVET is not the same company as PayPal, Stripe or WePay and their fees and commissions are subject to change without notice from us.

Any online donation page that is published on HFAVET is publicly available on the internet and can appear in well-known search engines such as Google and/or Yahoo. Nonetheless, you have a choice of whether you would like any activity that goes on on your campaign page to be published on the homepage of the HFAVET website. There are no private or hidden HFAVET campaign pages and your campaign activity is visible to the public.

Any HFAVET campaign donors have the option of publicly displaying his or her donation or remaining anonymous. Any public donations will be visible for all to see, including search engines like Google and Yahoo. To hide your donation, including your name, comment and/or Facebook photo from others visitor and search engines alike, simply click the "Private" checkbox during the donation process. Individual users are independently responsible for complying with all applicable laws in all of their actions related use of HFAVET's services, regardless of the purpose of the use.

Individuals who create crowdfunding campaigns to solicit donations on HFAVET assert and affirm that all monies received are given and/or used specifically for the purpose(s) communicated within the campaign. HFAVET reserves the right to provide information related to each individuals’ campaign with donors and beneficiaries as well as with law enforcement or legal agencies or to assist in any investigation or legal proceedings.

Prohibited Activities on HFAVET

HFAVET relies on its terms and conditions as the primary guide when arriving at a decision to remove any campaign at any time for any reason. HFAVET reserves the right to amend its terms when needed to adequately support the variety of situations it encounters as the platform grown. Because so many variables are to be considered, HFAVET will always review questionable campaigns on a case-by-case basis, especially as additional information about campaigns becomes available. Furthermore, HFAVET routinely considers information from law enforcement and government agencies to help determine what actions are to be taken campaigns are deemed questionable.

·       Do not break any laws or do anything that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.

·       Be honest. Do not post information you know is false, misleading, or inaccurate.

·       Do not offer prohibited items.

·       Do not victimize anyone or make any statements that may be threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of someone’s privacy.

·       Do not spam or distribute unsolicited or unauthorized advertising or promotional material or chain letters.

·       Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site.

The following items are also prohibited on HFAVET:

·       Sexually suggestive or explicit material

·       Adult services or products

·       Pornography of any kind

·       Material relating to adult industry

·       Campaigns in defense of formal charges or claims of heinous crimes, violent, hateful,   sexual or discriminatory acts

·       Content associated with hate groups or terrorist organizations

·       Campaigns including inflammatory or accusatory statements

·       Underage consumption or abuse of alcohol, tobacco, or narcotics

·       Drug abuse, products or paraphernalia

·       The illegal purchase or use of marijuana

·       Offering equity or return-on-investment

·       Pyramid or get rich quick schemes

·       Purchases of annuities, investments, equity or lottery contracts

·       Offshore banking or currency exchanges

·       Betting, gambling, raffles, or sweepstakes

·       Exchange of unrecognized or crypto-currencies

·       Offering monetary rewards, including gift cards

·       Non-medical or violent bodily mutilation

·       Non-prescribed drug use or purchase

·       Graphic content of injuries or procedures

·       Procedures conducted outside of an accredited medical institution

·       Directly funding an abortion (human or animal)

·       The purchase, transfer or production of non-FDA approved ingestible or consumable

·       products and services

·       Hurtful or hateful language

·       Violent or hateful material

·       Materials including bigotry, racism, sexism, or profanity

·       Supporting or inciting treasonous behavior

·       False, misleading, dishonest statements

·       Blood, gore, graphic material

·       Sorcery, unexplained sciences or absurd claims

·       Funding or planning an assassination, suicide, or assisted suicide

·       Ending the life of an animal

·       The purchase, transfer, or exchange of weapons of any kind including guns, knives,

·       explosives and ammunition

·       Campaigns in support of rebel groups, militias, gangs, or any organized violence

If you feel that a campaign violates any of these guidelines, please submit a report at info@helpfundavet.com

This list does not cover every possible scenario; therefore, HFAVET will always review questionable campaigns on a case-by-case basis and take appropriate action where necessary. In addition, we will not penalize campaign owners for any unwanted and inappropriate comments that relate to the items posted to their campaigns by others.

Please Keep In Mind

Any and all solicitation activities are carried out by our users on their own initiatives. If you feel like any laws are being violated by our users, please report it to us immediately and we will work to address your concerns.

Tax & Legal Representations

As a condition of using our service, you represent to us that:

(A)   The funds you obtain are to be used specifically for the purposes outline in your campaign information;

(B)   You will comply with all relevant local, state, and federal laws applicable to you when you solicit funds, particularly but not limited to the laws relating to the promotion of your crowdfunding campaign.

Violations of the Acceptable Use Policy

Any violations of the policies listed within this document should be reported to HFAVET immediately. If you have a question or concern about whether any action on this site actually violates the Acceptable Use Policy, please feel free to email HFAVET at info@helpfundavet.com and someone will reply to you within 24-72 hours.

In this document the following phrases are defined as:

Service: This web site, Helpfundavet.com
User: An individual or entity that registers an account for the service.
Donor: An individual or entity that donates to a fund or posts a comment to a fund.

Additional Conditions

These Terms and Conditions document should only be changed by an authorized administrator for Help Fund A Veteran, LLC. HFAVET processes payment transactions through third party payment solutions and is not a chartered banking entity. Any monies that are not part of a fee paid to HFAVET are paid directly to third-party payment solutions.

HFAVET will not be held liable or responsible for any funds or tax obligations on those funds paid to third party payment solutions. Donors and Users agree not to involve HFAVET in any legal proceedings that could occur due to use of this website. HFAVET is owned by Help Fund A VET, LLC Neither Helpfundavet.com nor Help Fund A Veteran, LLC will be held liable for any loss or damage due to failure to comply with the terms of this agreement.

Disclaimer of Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS. YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS MADE BY THIRD PARTIES THROUGH OUR WEBSITE. THIS INCLUDES ANY FAILURE OF ANY GOODS OR SERVICES TO MEET YOUR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY CHARITABLE OFFERS THAT MAY TURN OUT TO BE FRAUDULENT, IRRESPONSIBLE, OR OTHERWISE ADVERTISED IN BAD FAITH. WE ARE NOT RESPONSIBLE FOR ANY FAILURES ON THE PART OF OUR THIRD PARTY PAYMENT PROCESSORS. WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY. THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS "REPRESENTATIONS & WARRANTIES" SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

Note: If your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, ALABAMA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF ALABAMA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE ALABAMA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

Helpfundavet.com Service

HFAVET enables individuals to collect money into their own third party financial accounts for a specific purpose. Upon becoming a User through the Registration process, or a Donor through either the Donation process or comment process, you agree that HFAVET may, in our sole discretion, modify the terms of this Agreement by updating the modified terms to the Helpfundavet.com website. By continuing to use the product after registering you are accepting the modified Terms and Conditions of Service.

By using the Helpfundavet.com service you agree to the following:

1) You are at least 18 years of age.

2) You will comply with all local, state/provincial, regional & national laws in your area of residence.

3) You are to alert the Helpfundavet.com service staff about any unauthorized use of your User or Donor accounts.

Indemnification

By visiting and using this Site and Service, and by consenting to this Agreement, you agree to defend, indemnify and hold harmless Help Fund A Veteran LLC., Help Fund A Veteran, LLC employees, and Help Fund A Veteran, LLC agents from and against any and all claims and expenses, including attorneys' fees, costs, and disbursements, arising out of your use of the Web site, including but not limited to, out of your violation of any representation or warranty contained in these Terms and Conditions. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

HFAVET Accounts

HFAVET reserves the right to delete User or Donor accounts at administration’s discretion. You are fully responsible for any content you post as a User or a Donor. You agree by becoming a User or Donor that you will not do any of the following:

1) Use sexually explicit content, obscenities, copyrighted material, or abusive/hateful language in any area of the site

2) Use your Helpfundavet.com account for any illegal purposes.

3) Provide information that is not complete and accurate.

4) Attempt to bypass or otherwise circumvent the designated method of payment as provided by HFAVET.

HFAVET has the right to, though will not be obligated to, in the company’s sole discretion, to remove any content or block any individual or entity for any reason. HFAVET  will have no obligation to provide a refund of any amounts previously paid. HFAVET does not and cannot review all the material posted to the HFAVET system.

By visiting HFAVET’s website you are responsible for protecting yourself from content that is offensive or harmful that may have been posted on the website by another user. By visiting this site you are responsible for protecting your equipment (computer, etc.) from any harm resulting from a visit to the website.

Choice of Law

These Terms and Conditions and our provision of services to you shall be governed by the laws-state, federal, or otherwise-applicable in the State of Alabama.

Forum of Dispute

Any dispute arising from or relating to these Terms and Conditions or our provision of services to you must be resolved in a court of competent jurisdiction in the State of Alabama. If you fail to bring a dispute in compliance with these "Forum of Dispute" provisions, we may make a motion to dismiss your claim, which you must consent to, and you will be responsible for all of our reasonable attorneys' fees, costs, and disbursements involved in making such a motion. Additionally, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys' fees, cost, and disbursements.

Communications

Electronic Communications Privacy Act Notice (18 U.S.C. §§ 2701-2711): HFAVET MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. HFAVET is not liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on HFAVET’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

By using the Services, you consent to receive from HFAVET all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, “Contract Notices”) electronically. HFAVET may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Service.

Copyright Infringement

HFAVET will remove any materials that are found to be infringing in accordance with the DMCA if properly notified. If you believe that any of your work has been copied, please send us a notice that includes the following information:

 Your name, address, telephone number and email address;

 The name of the party whose copyright or trademark has been infringed, if different from

your name;

·       The name and description of the copyrighted work that is said to be infringed;

·       The location on the HFAVET website with the infringing material;

·       A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.

·       A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to HFAVET at:

Info@HelpFundaVet.com

Once we receive a DMCA notice, we will quickly act to investigate and take down the any infringing material and request a response from the person responsible for posting it. Please note that sending a false DMCA notice is a criminal act and can provide the accused party with grounds for taking legal action against the accuser.

Severability

If any portion of these Terms and Conditions is found to be illegal, unconstitutional, conflicting with another portion of the Terms and Conditions, or otherwise unenforceable, the Terms and Conditions will remain in force as though they had been entered into without that unenforceable provision being included in it.

If two or more provisions are deemed to conflict with each other's operation, Help Fund A Veteran, LLC has the sole right to elect which provision remains in force.