This page explains our Terms of Service. When you use KidEverest, you’re agreeing to all the rules on this page.
Terms Of Service
Effective: November, 16, 2018
Welcome to KidEverest (“Site” or “Website”), a crowdfunding platform that empowers individuals of all ages to raise money online. KidEverest (“KidEverest,”) is owned and operated by KidEverest LLC. Please read these Terms and Conditions of Use (“Terms”) carefully before using the Site. By accessing or using our Site, you (“user”) agree to be bound by this agreement. If you do not agree, with these Terms, do not use this Site.
- Acceptance of Terms
It is important that you go through these Terms so that you know what you can or cannot do on this Site. If you are under 13, go through the Terms with a parent or legal guardian so they can help you register. When you create an account and accept this agreement, you become a member. If you are under 13, this means that you accept the conditions below and that you confirm that your parent or a legal guardian has read and accepted the conditions.
Contact us at firstname.lastname@example.org if you do not accept this agreement and you believe your child has already become a member of KidEverest. Members under 13 will not be able to proceed without parental permission, which is necessary to activate their fundraising capabilities. In some cases, it will be deemed appropriate to grant permission through educational institutions. Until the appropriate level of parental consent is obtained your child will not be able to proceed to use the Site and cannot publish anything to the Internet.
KidEverest reserves the right to update the Terms at anytime without notice. Changes are effective immediately upon posting. We may contact you when changes are made but your continued use of the Site constitutes your acceptance of the revised Terms. By using and accessing our Site, you agree to our Terms and any other policies/legal notices that we post on our Site.
- Definitions and Description of Service
KidEverest’s services include our website and any additional features, content, and functionality offered by us in connection with the Site.
- A “Visitor” is someone who is browsing through the Site.
- A “Team Member” is someone who registers an account and belongs to a team.
- A “Parent” is a legal parent or guardian or educational institution official (who has gained appropriate permission from a legal parent or guardian,) whose child has registered with the Site.
- A “Supporter” or “backer” is someone who gives or donates money to a fundraiser on the site.
- Team Members and parents are collectively referred to as “Members.” Valid and accurate completion of the registration process leads to “Membership.” Visitors and Members are referred to collectively as “Users” or “you.”
- Membership Obligations
You agree to:
- Provide true, accurate, current, and complete information when using the site, not limited to information about yourself, your organizations, and your fundraising activities. You will maintain the accuracy of all information you provide to us by updating it promptly. You authorize us to make inquiries, either directly or through third parties, to validate the registration information of Parents. We reserve all rights to suspend or terminate your account, refuse any current or future use of the service, take legal action against anyone who misrepresents personal information or is not truthful about their identity, or presents inaccurate and incomplete information. However, you acknowledge that we cannot guarantee by 100% the accuracy of any information submitted by any User of the Site, nor any identity information about any User.
- Parents may only register their own children, unless they are the child’s legal guardian (collectively “Parent”). A Team Member’s membership may be terminated without warning, if we believe that the Team Member is impersonating a child. A Parent Membership (and concurrently an associated Child’s Membership) may be terminated without warning if we believe that you are under 18 years old or are not the legal Parent of any child you have approved for membership on this Site.
- Fees and Payments
KidEverest is free to join. We do, however, charge fees for donations received. We update notification of those fees on our How it Works page. We reserve the right to change the fees from time to time. Changes are effective immediately after we provide you with notice on the Site. We may also temporarily change the fees for our services for promotions. These changes are effective when we post it on the Site.
All funds from donors are processed through Stripe or PayPal, third-party payment processors. All contributions are made one-time only and are limited to an amount specified by the donor. Funds are transferred to an account setup by the Member or individual designated to receive fundraiser proceeds from a backer directly through Stripe or Paypal, in the total amount of money given to the fundraiser minus credit card and transaction fees charged by our payment processors. Due to the occasional failures of some credit cards, KidEverest cannot guarantee the full receipt of the amount. Organizations and individuals whose account is connected by Paypal or Stripe is responsible for taxes applicable based on their net income or gross receipts. In some cases, taxes can be exempt. You are encouraged to consult a qualified tax profession to assess you specific tax situation.
KidEverest campaigns are all or nothing. These campaigns must be fulfilled 100% of asking, or funds will be returned to the donors.
Refunds requested by donors are the responsibility of fundraising Parents and can be processed by Kid Everest admin is requested during an active fundraiser. Donations requested following the completion of the fundraiser after all funds are disbursed will be the responsibility of the fundraiser Parent and any affiliated organization. These refunds are not able to be processed through KidEverest after the fundraiser has completed because the funds have already been distributed to your bank account.
You are responsible for paying any fees associated with donations made through Kid Everest. A percentage-based transaction fee + credit card processing fee will be deducted from each online contribution received on Kid Everest. Contributions are subject to this fee one time-only. By launching your fundraiser, you agree to these terms. You will not be responsible for paying any fees if no money is received or donations are fully refunded. For more information on fees and how they work, please see our How it Works.
- Raising Money on Kid Everest
Kid Everest is a website for fundraising and allows Parents to create and post fundraisers with their team members. Kid Everest is not liable for your interactions with any organizations or individuals found on our Site. This includes, but is not limited, to the representations, warranties, and terms associated with fundraisers listed on Kid Everest. Kid Everest is not responsible for any damages or losses incurred as a result of dealings between you and such organizations or individuals.
Kid Everest is under no obligation to become involved with disputes between Members and Backers, or between users and third parties. In the event of a dispute, you release Kid Everest and its parent company, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, regardless if they are known, suspected, or disclosed, that arise from or are in any way related to such disputes and our service.
Though Kid Everest cannot be held liable for the actions of its users and members, they are nevertheless responsible for fulfilling obligations both implied and stated in any fundraiser they create. Kid Everest reserves the right to cancel a fundraiser and refund all associated backer’s payments at any time for any reason. Kid Everest reserves the right to remove a fundraiser, or suspend the listing from public listings for any reason.
- Rules and Conduct
- Personal information which might identify a user or person that has not been approved by a child’s parent
- Profanity, obscenities, and personal attacks, bullying, or stalking of other individuals
- Impersonation of any person or entity without their consent, including, but not limited to, a KidEverest employee, or falsely stating or otherwise misrepresenting your affiliation with a person or entity
- Slanderous, defamatory, obscene, pornographic, libelous, threatening, abusive, harassing, hateful, or otherwise objectionable, and any other information that Kid Everest, in its sole discretion, deems to be inappropriate for the site
- Actions to upload, post, e-mail or otherwise transmit Content that infringes or violates any third party rights, contains any viruses or other programs that are intended to do damage or intercept data, contains any form of solicitation that we consider in Kid Everest’s sole discretion to be unsolicited and unauthorized, interferes or disrupts the Site or servers & networks connected to the Site, or disobeys any policies or regulations of networks connected to the Site
Kid Everest will make every effort to ensure that the Site best serves the interests of all users, and, therefore, Kid Everest reserves the right to edit, delete, or refuse to post content that violate the above-referenced rules of participation, as well as revoke the privileges of users who do not comply with such rules. For more information, please see our Rules and Prohibited Items.
If you believe that any content on the Site violates any of the provisions of these Terms, please send us a message at hello@KidEverest.com. We reserve the right to take, or refrain from taking, any or all actions available to us once we receive a message.
We do not guarantee that others on the Site are or will comply with the Rules of Conduct or provisions of these Terms. You, not Kid Everest, assumes all risk of harm or injury resulting from any such lack of compliance.
- No Commercial Use
The Site is only for your personal use. You may not use the Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity.
Except as when we specifically agree in writing, no Content from the Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Site, except that where the Site enables the download of particular Content if you do not use the Content in an unlawful manner or in a manner that suggests an association with any of our products, services or brands. We do not transfer the ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights in the Site or Content to you or any third party nor authorize you to create derivative works based on the Content.
You further understand and acknowledge that you may be exposed to Member Content that may be inaccurate or that you find offensive or objectionable, and you agree to waive any legal or equitable rights or remedies you have or may have against us, and agree to indemnify and hold Kid Everest, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
Certain features or areas of the site may offer open communication between Backers such as posting comments. You acknowledge these areas are for public and not private communications, and you have no expectation of privacy with regard to submissions in these areas. We make all such disclosures at your own risk. You are solely responsible for the Content you distribute on or through the Site under your username or otherwise by you.
You have a nonexclusive, limited, revocable license to use the Site while you are in compliance with this Agreement. You agree to follow certain rules of conduct and other rules that prohibit practices that we deem as harmful. These rules apply to all Users and Members, including Visitors, Parents and Children. We reserve the right to take appropriate legal action against anyone who, in our sole discretion, violates any of these terms, including removing the offending content from the Site and terminating the Membership of such violators and any other involved parties.
- Links to Other Websites and Content
The appearance of external links and postings made by third parties on the Site does not mean that Kid Everest endorses the opinions or views expressed. When you access third party websites, you do so at your own risk. These other websites are not under Kid Everest’s control. Kid Everest is not responsible or liable for any aspect of such websites. You further acknowledge and agree that Kid Everest is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
- Limitation of Liability
You release Kid Everest (and our shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users or Members of the Site. You agree that: (a) we will have the right but not the obligation to resolve disputes between Users or Members relating to the Site, and our resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent we elect to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Site and will not make judgments regarding legal issues or claims; (c) our resolution of such disputes will be final with respect to the Site but will have no bearing on any real-world legal disputes in which Users or Members of the Site may become involved; and (d) you hereby release Kid Everest (and our shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with our resolution of disputes relating to the Site.
- Governing Law
This Agreement and the relationship between you and Kid Everest shall be governed in all respects by the laws of the State of New Hampshire without regard to conflict of law principles. You and Kid Everest agree to submit to the exclusive jurisdiction and venue of the courts located in New Hampshire except as provided below regarding optional arbitration.
Optional Arbitration For any Claim, excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than ten thousand U.S. Dollars ($10,000.00 USD), shall be settled through arbitration that takes place in New Hampshire, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. The party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties.
Kid Everest may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so from your account profile online or by emailing hello@KidEverest.com. Any fees paid hereunder are non-refundable.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Kid Everest may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
You hereby agree to indemnify, defend and hold Kid Everest, and their respective officers, directors, shareholders, employees, agents, licensors, representatives, and third party providers to the Site, harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms. Kid Everest reserves the right to assume, under its sole discretion, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Kid Everest in asserting any available defenses.
- Warranty Disclaimer
Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, Kid Everest AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. Kid Everest will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that Kid Everest has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Kid Everest or through the Service, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KID EVEREST AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT KIDEVEREST HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
KidEverest operates and controls this Site from its New Hampshire offices in the United States of America. Please send questions or inquiries to hello@KidEverest.com. This Site is intended for residents of the United States. No software from this Site may be downloaded, exported, or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.