A. OUR MISSION AT MI PADRINO
B. PRELIMINARY LEGAL TERMS
- “Signing” of Agreement. You “sign” and accept this Agreement by (a) clicking “Agree” at the bottom of the account creation page or (b) using the functionality available within the Platform. Acceptance of this Agreement means you are entering into a binding contract with us.
- Age. In the event you are under the age of eighteen (18) years old, you must obtain the consent of your parent or guardian to enter into a contract with Mi Padrino by using the Site. In no case are persons under the age of thirteen (13) years old permitted to use the Platform.
C. OUR SERVICES; PAYMENTS; YOUR ACCOUNT
- Our Services; Platform Functionality.
- Whether you use the Platform to create or donate to an event, to share memories or connect with others, the Platform provides an easy way to help make your vision a reality by easing the fundraising process. If you are using the Platform as someone that will donate to an event (a “Padrino”) or as someone organizing or hosting an event (a “Host”), you are subject to the terms that apply to all Platform users in Sections 1 through 6 and 9 through 26. If you are using the Platform as a Host, you are also subject to the terms that apply to Hosts in Section 7. If you are using the Platform as a Padrino, you are also subject to the terms that apply to Padrino users in Section 8.
- Please note that most of the content provided within the Platform is user generated or provided by third parties. Success of the Platform also depends on the community of Hosts and Padrinos that interact using the Platform. Because of how important our community is to us, we require all Platform users to conduct themselves appropriately regardless of how they interact with others and use the Platform. Use of the Platform is a privilege and not a right. Mi Padrino may suspend or deactivate your account, take down content or may limit or disable access to the Platform or content as set forth in Section 16.
- Payments; Pricing & Payment Submission.
- You acknowledge that you are using these third party payment processors, subject to their terms, and Mi Padrino is not, and cannot be held, responsible for lost payments, identity theft, fraudulent transactions, fraud more generally or refunds. You use those third party payment services at your own risk.
- Mi Padrino collects fees based on your use of the Platform. You acknowledge transaction fees will automatically be paid to us and third party payment processors will remit those fees directly to us after a donation is made by a Padrino. In addition to the five percent (5%) fee assessed by Mi Padrino, you are subject to the fees assessed by our payment processors. Fees should be taken into account when using the Platform, whether as a Padrino or as a Host.
- Creation of Your Padrino or Host Account.
- You must create an account to access the features of the Platform whether you intend to use the Platform as a Padrino or a Host. One account can be used to access the Platform as a Host and as a Padrino. Functionality within the Platform requiring an account includes donating to an event, creating an event, or soliciting donations for an event. You promise that (i) you will be the only person accessing the Platform and engaging in other activities through the account you create, (ii) you will keep your password secure, and (iii) you will notify Mi Padrino of any suspected breach of security or unauthorized use of your account. If you wish to delete your account, please contact Mi Padrino at firstname.lastname@example.org.
- Any use of your account other than for the purpose intended and discussed in this Agreement is prohibited. Use of the Platform for purposes of data-mining or in connection with the transmission of mass mailings, whether or not from the Platform, are specifically prohibited. No content may be taken from the Platform without our prior written consent and you agree any Platform content, whether generated by us or a third party, for the purpose of any solicitation not specifically permitted by this Agreement.
- Certain information is required by Mi Padrino in order for you to establish an account, whether as a Host or a Padrino. This information includes your name, email address, date of birth, location, and certain other contact information. Other information, including an About Me profile and certain social media information, is optional. Regardless of whether it is optional or required, all of the information you provide to Mi Padrino must be accurate and complete.
- When you create an event, you also agree to provide only accurate information and continue to maintain the event information so the event details are as complete as possible.
- For Hosts Only — Your Use.
- Your account is not transferable or sublicensable to any other party. You obtain no ownership rights in the Platform or the content you contribute by creating an account. Instead, you are given a license to use the Platform to participate in the Mi Padrino community, create events and solicit donations according to the terms of this Agreement. The license to content you post or access within the Platform will be valid so long as you remain in compliance with the terms of this Agreement.
- You agree that all monies received through the Platform will be:
- Appropriately reported to relevant tax authorities;
- Only used to fund the event; and
- Used for the legal purpose for which the funds were requested.
- You are solely responsible for your use of your account, how you use the Platform and your interactions with the Mi Padrino community. This includes responsibility for any content posted by your account and what happens on the event pages you create. With respect to your use of the Platform, you represent, warrant and covenant that:
- You are not using the Platform for purposes of commercial or promotional distribution, publishing or exploitation. Your use of the Platform is solely for your individual purposes in connection with the event you are responsible for hosting.
- You will not communicate in a vulgar or obscene way, use harmful or otherwise objectionable language, or use the Platform to impersonate any third party, regardless of whether such impersonation results in tortious conduct.
- Nothing you post or link to contains personally identifiable information about a child under the age of thirteen (13) years unless you have the permission to post such information from a child’s parent or legal guardian.
- You will not post or link to an image containing another person’s likeness without his or her prior permission.
- Nothing you post or link to contains another person’s personal information without his or her permission.
- Nothing you post or link to results from unlawful activities and the posting of any content is itself not an unlawful activity or a solicitation to engage in any unlawful activity.
- Nothing you post or link to will transmit any malicious or unsolicited software to us or otherwise interfere with Platform operations.
- You will not copy, modify, loan or otherwise distribute any Platform content without our prior written consent.
- You agree not to use the Platform for advertising purposes.
- You will not use the Platform to send unsolicited communications. An unsolicited communication includes, but is not limited to, requests for money or donations that would not be well received by the recipient or requests directed at an individual you do not personally know to be interested in receiving such request.
- You will comply with all applicable federal, state and local laws, ordinances, rules and regulations when engaging in any activity in connection with your use of the Platform.
If you take any of the above actions or breach any of the above restrictions in contravention of any warranty you made, we can terminate or suspend your use of the Platform in our sole discretion.
- For Padrinos Only — Your Use.
- Your account is not transferable or sublicensable to any other party. You obtain no ownership rights in the Platform or the content you contribute by creating an account. Instead, you are given a license to use the Platform to participate in the Mi Padrino community or make Padrino donations to a Host’s event through the Platform. All donations you make using your account are not transferrable. The license to content you post or access within the Platform will be valid so long as you remain in compliance with the terms of this Agreement.
- When you submit your payment information to third party payment processors, you must use only the bank account(s) or payment details that you own or control. Once a donation is committed to a Host’s event, the relevant payment method you select will be charged by the applicable third party payment processor. None of the donations you make through the Platform are tax deductible. Further, other than the Processing Fee, no portion of the donations you make through the Platform are property of, or will be remitted to, Mi Padrino.
- As a Padrino, you create an account in order to make donations to events and interact with Hosts. You alone are responsible for your use of the Platform by your account, including any payments that are made or incurred using your account information. With respect to your use of the Platform, you represent, warrant and covenant that:
- Your use of the Platform is solely for your individual purposes.
- You are not using the Platform to engage in a business transaction or loan.
- Nothing you post or link to contains personally identifiable information about a child under the age of thirteen (13) years unless you have the permission to post such information from the child’s parent or legal guardian.
- Nothing you do on the Platform is an unlawful activity or a solicitation to engage in any unlawful activity.
- You will not copy, modify, loan or otherwise distribute any Platform content without our prior written consent. This includes any event details or the details you learn about an event, a Host or another Padrino’s contributions to any event.
- You agree not to use the Platform for advertising purposes.
- You will not use the Platform to send unsolicited communications. An unsolicited communication includes, but is not limited to, initiating contact with a Host or another Padrino that would not be well received by the recipient or a request directed at an individual you do not personally know to be interested in receiving such request.
If you take any of the above actions or breach any of the above restrictions in contravention of any warranty you made, we can terminate or suspend your use of the Platform in our sole discretion. Upon suspension or termination of an account, a previously committed or processed payment will not be terminated or refunded, as applicable. You are responsible for the payment of all fees and donations as soon as you submit the payment to any third party payment processor.
- License to Use Platform Content; Term of License.
- You may terminate the license you have granted to Mi Padrino by removing or deleting (or writing to Mi Padrino to remove or delete) information or content you post within the Platform. Copies of such information or content may remain on the servers of the third party service providers we engage in connection with operation of the Platform until such time as the third party is able to overwrite or delete the content.
- Unless expressly authorized by us in writing, you are not granted permission to copy, frame, embed, or otherwise disseminate aggregated or specific content that Mi Padrino provides to you. Your use of the Platform must be in conformity with the restrictions in Sections 6 to 8 above.
- You are granted a limited, nonexclusive right to create links to the Platform when creating an event and requesting donations from Padrinos or, if you are a Padrino, sharing the event with other Padrinos. You agree that in connection with distribution of such links, you will not portray the Platform, Mi Padrino or any of our other offerings in a false, misleading, derogatory, or otherwise defamatory manner.
- Mi Padrino Intellectual Property. Mi Padrino and/or its licensors retain ownership of all intellectual property rights relating to Mi Padrino, the Platform, Mi Padrino’s trademarks and copyrights, and any Platform-related software, data, text, images, graphics, logos, user interface, and videos displayed through the Platform. You are authorized to use such materials only as expressly authorized within this Agreement. Nothing in this Agreement transfers ownership of such rights.
D. OPERATION OF THE PLATFORM
- Integrity of the Platform. You agree not to take any action to harm Mi Padrino or the Platform or interfere with its operation, access or copy its underlying technology, or copy the Platform or its content. You agree not to use any automated system (crawlers, robots, bots, spiders, extractors, etc.) to harm the Platform; circumvent, disable or otherwise interfere with security-related features or digital rights management functions of the Platform; or hack, reverse engineer, or disable any technology at or functionality of the Platform.
- Third Parties. The Platform may contain links to third party websites or services that are not owned or controlled by Mi Padrino. Mi Padrino does not control the content, privacy policies, or practices of any third party websites or applications so please review the terms of service, including privacy policies, of such third-party applications or sites. Mi Padrino is not responsible for your use or misuse of any third party applications or websites.
E. NO WARRANTY; LIMITATION OF LIABILITY; INDEMNIFICATION
- NO WARRANTY.
- THE PLATFORM IS PROVIDED FOR “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- Mi Padrino does not warrant that any content present within the Platform, whether provided by us or user-generated, is accurate and you alone are responsible for the decisions, consequences and other actions resulting from your use of the Platform or any third party service.
- Limitation of Liability for Damages.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MI PADRINO BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THIS AGREEMENT, ACTIVITY WITHIN OR INTERACTION WITH THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING EXPRESS CONTRACT, IMPLIED CONTRACT, NEGLIGENCE, WARRANTY, OR MISREPRESENTATION, AND WHETHER OR NOT MI PADRINO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- As used in this section, “Mi Padrino” includes Mi Padrino, its officers, directors, employees, contractors, agents, members, parent, subsidiaries, related business entities, successors, assigns, and clients.
- BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THE LIABILITY OF MI PADRINO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND CLIENTS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
- IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
- Indemnification; Cooperation.
- You acknowledge that your account with Mi Padrino and your use of the Platform is based upon the truth of the statements, representations, warranties and covenants made by you in this Agreement. By agreeing to be bound this Agreement, you indemnify, hold harmless, and agree to defend Mi Padrino against all damages, losses, judgments, penalties, expenses, costs, and fees (including reasonable attorneys’ fees) incurred by, or awarded or assessed against Mi Padrino in connection with any third party (including domestic or foreign governments or agencies) assertion inconsistent with the statements, representations, warranties or covenants. This obligation extends to Mi Padrino, its officers, directors, employees, contractors, agents, members, parent, subsidiaries, related business entities, successors and assigns. These obligations survive termination of this Agreement.
- In addition to the obligation of indemnification, above, you agree to use your best efforts to assist Mi Padrino in the investigation and resolution of any third party claim or assertion inconsistent with your representations and warranties. You agree to provide such assistance promptly upon receipt of notice from Mi Padrino of such claim or assertion and at no charge.
- Termination of Agreement.
- In the exercise of its discretion, Mi Padrino may suspend or terminate an account, remove or limit access to Platform content, or limit services to which an account holder has access. Mi Padrino may take such actions with or without prior notice to you and without liability to you.
- In the exercise of your discretion, you may terminate your account, cease using the Platform, stop accessing any content available within the Platform, stop creating or donating to events, or delete your account. You may take such actions with or without prior notice to Mi Padrino and without any liability for such cancellation to Mi Padrino. Further, if you notify Mi Padrino of your termination of your account Mi Padrino shall take reasonable steps to block access your access to the Platform. Regardless of whether or not you stop using the Platform, certain prior commitments (including donations) will not be revoked without your specific written request to us at: [Info@MiPadrino.com].
- The terms of Sections 13 to 15 shall survive termination of this Agreement.
F. GENERAL LEGAL TERMS
- The Platform is Delivered from Michigan. This Agreement is executed (signed) and performed in Ann Arbor, Michigan. You agree that the Platform is based in and delivered from Ann Arbor, Michigan, USA. The Platform shall be deemed a passive website that does not give rise to personal jurisdiction over Mi Padrino, either specific or general, in jurisdictions other than Michigan. This Agreement shall be governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles. Any claim or dispute between you and Mi Padrino that arises in whole or in part from use of the Platform shall be decided exclusively by a court of competent jurisdiction located in Washtenaw County, Michigan.
- No Implied Waiver. No waiver by Mi Padrino shall be implied. Any waiver of any term of this Agreement must be in writing and signed by an officer of Mi Padrino.
- Severability. If any portion of this Agreement is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable. The remaining provisions of this Agreement will remain in full force and effect.
- Statute of Limitations. Any litigation or other dispute resolution arising out of or related to this Agreement must be commenced within one (1) year after the date of the event giving rise to the claim. Otherwise, such causes of actions are permanently barred.
- International Considerations. Mi Padrino makes no representations that the Platform, or any content available within the Platform, is appropriate or available for use in locations other than the United States. Those who access or use the Platform from outside the U.S. do so at their own volition and are responsible for compliance with applicable laws.
- Assignment. Mi Padrino may assign, subcontract, delegate, and transfer its rights and obligations under this Agreement to a third party. You may not assign or transfer your account.
- Entire Agreement. This Agreement (including the documents referenced in Section 1, above) is the entire agreement between you and Mi Padrino relating to the stated subject matter. It can be modified by the parties in a writing signed by both parties, or by a change to these terms as expressly set forth in this Agreement.
- Nature of Agreement. No agency, partnership, joint venture, employee-employer or franchiser- franchisee relationship is intended or created by this Agreement. This Agreement does not create any right that may be enforced by a third party.
- California Users and Residents. By the terms of California Civil Code Section 1789.3, any and all comments, questions or concerns can be addressed and sent to us via certified mail to: Agent of Mi Padrino, 201 S Division, SPARK Lower Level, Ann Arbor, MI 48104. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA.
- Electronic Communications Methods. As part of the Platform, you may subscribe to receive certain alerts on your wireless device or other equipment via short message service, otherwise known as “text messages” (“Text Alerts”) or by E-mail (“Email Alerts”) about Platform notifications, your Account, and other types of alerts that Mi Padrino may present and you may select to receive from time to time. Certain alerts are available through your wireless device or other equipment when it is within operating range of your wireless service provider or a computer having an active connection to the Internet
- Text Alert Details When creating an event page on Mi Padrino (at https://app.mipadrino.com), you are automatically opting-in to join our text platform where we send occassional SMS/MMS messages regarding accounts, event inspiration, offers, and more. If you opt-in otherwise to subscribe to any of our Text Alerts, you agree to receive text messages from us at the mobile number you have provided for such purposes. You represent that you are the authorized user of the number provided in your Account, which will receive the Text Alerts. These alerts are part of our subscription service, where you receive multiple messages, the frequency and availability of which depend on the alert types you select to receive. You may adjust, add, or remove your alert types at any time by emailing email@example.com. To unsubscribe from Text Alerts and discontinue all alert types by emailing firstname.lastname@example.org OR replying “STOP” to the number you are receiving messages from. Text Alerts may not be delivered to you if your wireless device is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. You acknowledge that time-sensitive or critical alerts may not be timely received based on a number of factors beyond our control and that we do not guarantee that Text Alerts will be delivered. When a part of the Mi Padrino text program, you will not receive more than 10 SMS messages/month.
- Email Alert Details. You must provide us with a valid e-mail address for your Account. If you enable Email Alerts, the email address you provide will be set as your default e-mail address to which you will automatically receive Email Alerts. An email address is always required to use the Platform and it should be maintained with an accurate address. You may adjust, add, or remove certain Email Alerts by emailing email@example.com.
- Return Policy: We offers returns within 10 days of delivery for most items sold on Mi Padrino. Items must be unused and in the original packaging. Perishable items, gift cards, redeemed experiences, monogrammed items, and custom-ordered items are final sale and not eligible for return. If you are unsure about whether your item is eligible for return, you can check with us by emailing firstname.lastname@example.org. Please note that items purchased from other websites (via our affiliate links) are subject to the return policy of the store from which they were purchased. If you are returning an item, we will refund your original form of payment. Your refund will be issued once your return has been processed. Any refunds for orders created with split payments (i.e. Sezzle split payments) will exclude processing fees paid by Mi Padrino.
Starting a Return: If you would like to return an order you have received, please email us with your order number, at email@example.com so we can provide you with a return authorization. You will be responsible for the return shipping charges. We recommend purchasing tracking information and insurance in the case that your item is lost or damaged in shipment.