K12FP.COM Service Agreement Terms of Use

Service Agreement between user and www.K12FP.Com Owned by (Closest Biz LLC.)

Welcome to www.K12FP.com. Closest Biz LLC provides a fundraising software platform that allows users to effectively manage their fundraiser, collect donations, and process fundraiser sales for their school, team, event, or organization (the “Service”). The www.K12FP.com website (the “Site”) is comprised of various web pages operated by Closest Biz LLC. The existence of the Site or any donation web page created by a school, team, organization or individual member of a school, team or organization does not constitute a solicitation of donations by Closest Biz LLC; Closest Biz LLC does not engage in any solicitation activities on behalf of any school, team, event or organization. www.K12FP.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.K12FP.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Your Account

The Site provides this Service to teams, groups, and organizations conducting fundraisers that have been authorized by the appropriate authorities to conduct fundraisers. Closest Biz LLC. reserves the right to verify your credentials to conduct fundraisers. Groups and individuals will receive a (2FA) 2 Factor Authentication 6 Digit code through the cell phone you provide in the sign up form. When you enter your username and password a (2Fa) FORM will appear. You will then input the 6 Digit code sent to your cell phone by text. That is why it is so important you provide the correct cell phone number in the signup form. You will NOT be able to Login without the 6 Digit Code. Once you enter the 6 Digit Code into the (2FA) FORM you will be taken to your personal Dashboard. Any attempt to gain unauthorized access is prohibited.

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Closest Biz LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Closest Biz LLC reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in its sole discretion. Closest Biz LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 13, you may use the Site only with the involvement and consent of a parent and guardian who agrees to be bound by these Terms of Use.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.K12FP.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Closest Biz LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner, which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Copyright

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Closest Biz LLC or its suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Site content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Closest Biz LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. Closest Biz LLC does not grant you any licenses, express or implied, to the intellectual property of Closest Biz LLC or it’s licensors except as expressly authorized by these Terms.

Payments/Fees

Closest Biz LLC allows teams, groups, and organizations to receive and process donations for their fundraiser via the Site online software platform.  A service fee will be charged in exchange for the Site service. The service fee includes all labor, programming, marketing material, advertising, and telemarketing costs.

Fee Schedule

The Service Fee is a Flat Rate of 10% and Includes All Transactions Fees

By creating a fundraiser on the Site, organizations grant Closest Biz LLC the right to accept online donations on behalf of the organization. This grants Closest Biz LLC the right to deposit all Donated Funds into a bank account controlled by Closest Biz LLC and to deduct the agreed upon amount of a 10% Flat Rate Service Fee, before sending the remaining balance of any Fundraiser Campaign to the Organization running the Fundraiser.

Closest Biz LLC offers two methods for receiving the funds from any Fundraiser. The designated group, team, or organization has the choice to receive the remaining Funds by check or electronic bank transfer. No Organization will ever be billed for the cost of the Donor Transactions as the fees are paid by Closest Biz LLC from the 10% Flat Rate Service Fee.

Donor Refund Policy

If the fundraiser that you have donated to has ended, Closest Biz LLC will not be able to process a refund. If the fundraiser you donated to is still active and the donation amount was made in error then Closest Biz LLC will be able to process a refund. Users agree that they will not use an unauthorized credit card in making transactions on the Site. Transactions are only subject to dispute if unauthorized use of the donor’s payment card is proved. If you become aware of fraudulent use of your card, please notify your card provider immediately.

Electronic Communications

Visiting www.K12FP.com or sending emails to Closest Biz LLC constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.

Links to third party sites/Third party services

www.K12FP.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Closest Biz LLC and Closest Biz LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

The Site is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Closest Biz LLC of the site or any association with its operators. Certain services may be available via www.K12FP.com that are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.K12FP.com domain, you hereby acknowledge and consent that Closest Biz LLC may share such information and data with any third party with whom Closest Biz LLC has a contractual relationship to provide the requested product, service or functionality on behalf of www.K12FP.com users and customers.

User Content

Closest Biz LLC does not claim ownership of the materials you provide to www.K12FP.com (including feedback and suggestions) or post, upload, input or submit to any Closest Biz LLC Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Closest Biz LLC, our affiliated companies and necessary sub-licenses permission to use your Submissions in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions; and to publish your name in connection with your Submissions. Closest Biz LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at its sole discretion.

By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You represent and warrant that your Submissions do not infringe the copyright, trademark, publicity/privacy right or other intellectual property or proprietary rights of any third party.

User agrees that the user’s Submissions to the Site does not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; and user further agrees that the user’s Submissions will not include any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Closest Biz LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Closest Biz LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Closest Biz LLC has no obligation to monitor the Communication Services. However, Closest Biz LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Closest Biz LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Anti-Scraping Policy

Any form of scraping or data mining, either manual or automated, is prohibited on this Site.

The use of automated systems or software to extract data from this website for any purpose, (‘screen scraping’) is prohibited unless the third party has directly concluded a written license agreement with Closest Biz LLC.

You may not develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape our fundraiser pages or any other data on our site.

You may not use bots or other automated methods to access the Services and Site, add or download information, send or redirect messages.

You may not copy, use, disclose or distribute any information obtained from the Services and Site, whether directly or through third parties (such as search engines & scraping sites like Scrapinghub.com), without the consent of Closest Biz LLC.

You may not override any security feature or bypass or circumvent any access controls or use limits of the Service or Site.

You may not deep-link to our Services or Site for any purpose other than to promote your fundraiser or donate, without the consent of Closest Biz LLC.

You may not access our site via a VPN (Virtual Private Network)

Third Party Accounts

You will be able to connect your Site account to third party accounts. By connecting your Site account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

Video Upload and YouTube API

When using the Site video upload feature and YouTube’s API access, you are agreeing to be bound by the YouTube Terms of Service and the Google Privacy Policy.

https://www.youtube.com/t/terms

http://www.google.com/policies/privacy

In addition to the normal procedure for deleting stored data, users can revoke that access to their data via the Google security settings page at https://security.google.com/settings/security/permissions

International Users

The Service is controlled, operated, and administered by Closest Biz LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through www.K12FP.com in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend, and hold harmless Closest Biz LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any Submissions made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Closest Biz LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Closest Biz LLC in asserting any available defenses.

Liability Disclaimer

Termination/access restriction

PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CLOSEST BIZ LLC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.  IN NO EVENT SHALL CLOSEST BIZ LLC. AND/OR  ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CLOSEST BIZ LLC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR ONLY, SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. CLOSEST BIZ LLC. MAKES NO REPRESENTATION AS TO WHETHER ALL OR PART OF YOUR ONLINE DONATIONS ARE TAX DEDUCTIBLE.

Termination/access restriction

Closest Biz LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Wyoming and you hereby consent to the exclusive jurisdiction and venue of courts in Wyoming in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Closest Biz LLC as a result of this agreement or use of the Site. Closest Biz LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Closest Biz LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Closest Biz LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Closest Biz LLC with respect to the Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Closest Biz LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to Terms

Closest Biz LLC reserves the right, in its sole discretion to change the Terms under which www.K12FP.com is offered. The most current version of the Terms will supersede all previous versions. Closest Biz LLC encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

www.K12FP.com

Closest Biz LLC.

1309 Coffeen Avenue,

Suite 2129

Sheridan WY 82801

info@closestbizfp.com