Terms & Conditions

How We Operate

Anython.com is a service that enables Users to collect money into their own Square accounts. Upon becoming a user through the Registration process (who receives funds) or a donor (who gives funds), you are subject to these Terms and Conditions of Use.

When you sign up as a donor, you agree to pay at least $5 as a flat donation, or a per-unit pledge that equals at least $5. If you pledge per unit, you will be required to pay at least the minimum number of units earned by each participant up front. However, you will not have to pay for more than the maximum number of units earned if your participant completes more than the maximum units allowed during their Anython. You provide your payment information, and you agree you will pay (and will allow us to charge your credit card for) no less than the minimum (you will need to pay the minimum even if the participant in the event relating to your donation could not participate for any reason, i.e. sickness, injury, etc.). Upon the completion of the event relating to your donation, you will receive an e-mail informing you whether you are obligated to pay only the minimum or whether more is required. We will then charge your credit card what is still owed to complete your pledge. Often more will be charged, but never more than the maximum unit price allowed for your Anython pledge. For instance, if participants in a Jogathon promise to run between 10-30 miles, your pledge of $1/mile will be charged as follows: $10 up front, and between $0-20 after the event is over, based on the results. You card will be automatically charged and you will receive a receipt.

Payment Terms

Our partners (Square) ensure that all donations go directly to you automatically.

You are also agreeing to one of the following fees, along with the linked Terms & Conditions found below, based on your selection during the Anython sign-up process. Only one (1) of the fees described below will be applied per Anython campaign - not a combination thereof:

U.S. Users ONLY: Square charges 2.9% and $0.30 per transaction. Read Square's Terms & Conditions.

All fees are deducted from each transaction automatically.

Square is not in our control, and their fees may change without notice to us.

Your Anython online donation page you publish will be publicly available on the Internet. You will have the ability to choose what to place on your donation page (such as recent donations, messages, etc.), but the page itself will be public. Donors will have the option to show the world that they have donated. To hide your donation, make sure you click on the "Private” button when you are donating.

All users and donors must abide by these Terms and Conditions of Use, and all users and donors are responsible for complying with all applicable laws.

Conditions of Service

We intend for Anython to help do good things for the world. Accordingly, we care about how you use Anython's fundraising capabilities and we may refuse service to you at any time if you violate these conditions of service. You may not use Anython's services unless the following conditions are met:

1. The funds you obtain through the methods on our website will be used solely for the purposes described in the materials that you post;
2. 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 your marketing and solicitation for your project.
3. You are at least eighteen (18) years of age to create a thon.
   
   In addition to meeting the above conditions, you may not use the Anython service for any activities that:
   1. violate any law, statute, ordinance or regulation;
   2. relate to sales of controlled substances or other products that, in the reasonable judgment of Anython, are unsafe, illegal, promoting of illegal activity, sexually explicit, infringing the intellectual property rights of others, dangerous or otherwise supporting of activities that present a risk to consumer safety; or
   3. are otherwise decided by Anython in its sole discretion to be inappropriate for Anython's then-current services.

If you have any questions about whether your activity may violate Anython's conditions of services, please e-mail us at [email protected].

Anython will not be held liable for any loss or damage due to failure to comply to the terms of this agreement.

Modifications Of Service

You agree that Anython.com may, in its sole discretion, modify the terms of this Agreement by updating the modified terms to the Anython.com website. By continuing to use the product after registering you are accepting the modified Terms and Conditions of Service. You also agree to allow Anython.com to use anonymous aggregate data to enable Anython.com to offer better services in the future.

By using the Anython.com service you agree that you will notify the anython.com staff about any unauthorized use of your user or donor accounts. You also agree that you will not use explicit, obscene, or otherwise abusive or hateful language in any area of the Anython.com website, use your account for illegal purposes, provide inaccurate information, bypass the then-currently-designated method of payment. Anython can removing any posting on the Anython.com site or refuse service to any person or organization for any reason whatsoever, including but not limited to a violation of these Terms & Conditions.

If your account is deleted or service suspended, Anython has no obligation to refund your money or any amounts previously paid.

Anython does not review postings to its site with regularity, and you are responsible for anything offensive you see on the site and for protecting your equipment from computer viruses, worms, and the like.

These Terms and Conditions are governed by the laws of the State of Arizona. Any disputes relating to these Terms and Conditions of Use must be resolved in a court in the State of Arizona, and you hereby consent to the jurisdiction of the State and Federal Courts in the State of Arizona.

Indemnification

You agree to defend, indemnify and hold harmless Anython, LLC and its agents from and against any and all claims and expenses, including attorneys' fees, costs, and disbursements, arising out of your use of the Anython.com website. 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.

You will receive communications from Anython.com from time to time, and consent to allow Anython.com to send these communications to your e-mail address and phone numbers.

Severability

In the event that a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision 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.

Solicitations

We do not solicit directly. All solicitations are carried out by our customers. All charitable donations are processed through Square.

Warranty Disclaimer

ANYTHON ("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 OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. YOU AGREE THAT OUR LIABILITY IS LIMITED UNDER ALL CIRCUMSTANCES TO THE AMOUNT OF MONEY THAT YOU HAVE PAID US FOR OUR SERVICES, AND IN NO EVENT WILL WE BE LIABLE FOR CONSEQUENTIAL OR PUNITIVE DAMAGES. YOU ALSO AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR THE ACTS OF THIRD PARTIES MAKING OFFERS THROUGH OR USING OUR WEBSITE.

IF ANY THIRD PARTY GOODS OR SERVICES DO NOT MEET YOUR EXPECTATIONS, THAT IS THEIR FAULT, NOT OURS. WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY CHARITABLE OFFERS THAT ARE NOT BONA FIDE OR OTHERWISE MISLEADING.

WE ARE NOT LIABLE FOR ANY DOWNTIME OF OUR WEBSITE WHICH MAY PREVENT ACCESS TO THE WEBSITE, WHETHER FOR A SHORT TIME OR PERMANENTLY. OUR PROVISION OF THESE SERVICES IS CONTINGENT ON YOUR AGREEMENT TO THESE TERMS, AND IF YOU DO NOT AGREE WITH THEM YOU SHOULD NOT USE OUR SERVICES. NO LIMIT OF LIABILITY IN THIS SECTION AFFECTS THE LIMITATION OF LIABILITY IN ANY OTHER SECTION OF THIS AGREEMENT.

IF YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS OF LIABILITY SUCH AS ARE CONTAINED ABOVE, THEN YOU AGREE THAT OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED UNDER LAW IN YOUR JURISDICTION.

IF YOU RESIDE IN CALIFORNIA, YOU WAIVE THE APPLICABILITY OF CALIFORNIA 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 ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

Copyright Infringement

If you believe your copyright has been infringed, please send us a notice that contains:

• Your name.
• The name of the party whose copyright or trademark has been infringed, if different from your name.
• The name and description of the work that is being infringed.
• The location on our website of 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 our Copyright Agent at:

[email protected]
4343 N Scottdale #150
Scottsdale, AZ 85251

If the DMCA notice is properly formed, we will act quickly to take down the complained-about material and request a response from the person responsible for posting it. Please note that sending a false DMCA notice is not only a criminal act, but also enables the victim of the notice to sue you.

REVERSE ENGINEERING AND INTELLECTUAL PROPERTY RIGHTS

You shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of our Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); or (ii) modify or create derivatives of any part of our Service.

Anython LLC shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof. You shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Anython website, or to any of the services offered on or through our Service, by hacking, password "mining", or any other illegitimate means.