TERMS AND CONDITIONS
5GG charges a flat fee of 4.9% on all payments collected from user campaigns on Fundabilities.com. The service works with WePay to ensure that all donations go directly to you automatically, and in real-time. You should be advised that WePay charges a flat fee of 2.9% + $0.30 per transaction.
All fees are deducted from each transaction automatically so you’re never billed for anything. We are not the same company as WePay and their fees and commissions are subject to change without notice from us.
As a Fundabilities user, the online donation page you publish will be publicly available on the internet, for all to see, including search engines like Google and Yahoo. However, you can choose whether or not you would like your donation page’s activity, such as recent donations, published to the Fundabilities homepage. There are no private or hidden Fundabilities donation pages; all activity is public.
As a donor to a Fundabilities online donation page you have the option to publicly display your donation 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.
You are independently responsible for complying with all applicable laws in all of your actions related to your use of 5GG, Incorporated products, including Fundabilities.com; regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.
The definitions in this document are defined as follows:
Service: This web site, Fundabilities.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.
These Terms and Conditions may only be modified by Corporate Counsel to 5GG, Incorporated. Such Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
5GG, Incorporated processes payment transactions from Fundabilities.com campaigns through
third-party payment solutions WePay. Neither 5GG, nor Fundabilities.com is a chartered banking
entity. All funds that are not part of a fee paid to 5GG through its Fundabilities.com product
are paid directly to third-party payment solutions. You will not hold 5GG, Incorporated 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 5GG, Incorporated, or Fundabilities.com, in any
litigation that occurs due to using the product website Fundabilities.com.
Fundabilities.com is owned by 5GG, Incorporated; 5GG, Incorporated shall not be liable for any loss or damage due to failure to comply with the terms of this agreement.
A SPECIAL NOTE TO REGULATORY AGENCIES
Regulatory compliance: 5GG, Incorporated makes every effort to be in compliance with all state and federal laws, rules and regulations. If your agency has any concerns, please contact us and we will work with your agency to ensure all concerns are addressed.
Tax & Legal Representations
As a condition of using our product, Fundabiltiies.com, you represent to us that: (a) If residing in the US, you are a person who is not a non-profit organization or charity as defined by the Internal Revenue Service; (b) The funds you obtain through the methods on our product, Fundabilities.com, will be used solely for the purposes described in the materials that you post;(c) 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 campaign.
You may not use this product, Fundabilities.com, for activities that: violate any law, statute, ordinance or regulation relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) ,certain weapons or knives regulated under applicable law
relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or any investment scheme or operation that pays returns to its investors from their own money or the money paid by subsequent investors, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing, or (g) provide certain credit repair or debt settlement services involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from 5GG and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
Violations of the Acceptable Use Policy
All users and visitors are encouraged to report violations of this Acceptable Use Policy to 5GG, Incorporated immediately. If you have a question about whether a type of transaction may violate the Acceptable Use Policy, you can email 5GG, Incorporated through Fundabilities.com. All such issues will be reviewed by corporate counsel to 5GG, Incorporated.
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 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. 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.
For Jurisdictions that do not permit limitations on liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then jurisdiction shall be granted to the state granting such limitation upon any conflict of laws. Only upon the finding that (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; shall a court exercise jurisdiction contrary to the provisions set forth herein.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, 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 THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
Fundabilities.com is a product that enables Users to collect money into their own PayPal or WePay 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 5GG, Incorporated may, in its sole discretion, modify the terms of this Agreement by updating the modified terms to the Fundabilities.com website. By continuing to use the product after registering you are accepting the modified Terms and Conditions of Service.
By using the Fundabilities.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 Fundabilities.com service staff about any unauthorized use of your User or Donor accounts.
You agree to allow Fundabilities.com to use anonymous aggregate data to enable Fundabilities.com to offer a better service in the future.
You agree to defend, indemnify and hold harmless 5GG, Incorporated, 5GG, Incorporated employees, and 5GG, Incorporated agents from and against any and all claims and expenses, including attorneys’ fees, costs, and disbursements, arising out of your use of Fundabilities.com, 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.
Fundabilities.com and 5GG, Incorporated reserve the right to delete User or Donor accounts at our 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:
1) Use sexually explicit content, obscenities, copyrighted material, or abusive/hateful language in any area of the site
2) Use your Fundabilities.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 Fundabilities.
Fundabilities.com and 5GG have the right to, within its sole discretion, to remove any content or
block any individual or entity for any reason.
Fundabilities.com and 5GG will have no obligation to provide a refund of any amounts previously paid.
Fundabilities.com and 5GG do not and cannot review all the material posted to the Fundabilities.com system. By visiting Fundabilities.com 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 Fundabilities.com 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 applicable federal laws and the laws of the State of New York.
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 New York. 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.
Electronic communications from 5GG and Fundabilities.com will be sent to Users to inform them of a variety of events that inform them about the state of their fund. You agree to allow 5GG, Incorporated to send these communications to your email address. You also agree that 5GG, Incorporated is not liable for any user generated content that is sent to you as a part of such communications. You agree that you are liable for any communications you send to potential Donors promoting you the Fundabilities.com site. These communications include, but are not limited to, “share” emails sent through the Fundabilities.com and communications sent outside of the Fundabilities.com system.
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. If two or more provisions are deemed to conflict with each other’s operation, 5GG, Incorporated shall have the sole right to elect which provision remains in force.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.