Terms of Service
Last updated July 9, 2020
AGREEMENT TO TERMS
Subject to these Terms of Service, as amended from time to time (“Terms of Service”), OppJar, Inc. (“OppJar”) provides the OppJar platform to you through its website at my.oppjar.com and attendant mobile application and related services, including any new features and applications (collectively, the “OppJar Services”). Unless specifically indicated otherwise, for purposes of the following Terms of Service, “OppJar,” “we,” “us,” “our,” and other similar terms, shall refer to OppJar. Unless specifically indicated otherwise, the Terms of Service shall apply to all Users of OppJar Services.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. When we do this, we will post the revised Terms of Service on this page and will indicate the date of such revision. Your continued use of the OppJar Services after the date of any such changes constitutes your acceptance of the new Terms of Service. To the extent allowed by law, the English version of these Terms of Service is binding and other translations are for convenience only. If you do not wish to accept the new Terms of Service, you may discontinue your use of the OppJar Services.
ACCESS AND USE OF THE OPPJAR SERVICES
The OppJar Services allows a parent or legal guardian (the “Organizer”) the ability to open an OppJar account, which may include an OppJar financial account created by OppJar, as acknowledged by the Organizer, on behalf of a minor (“Minor Beneficiary”) under either the Uniform Transfers to Minors Act or Uniform Gifts to Minors Act of the Minor Beneficiary’s state/territory of legal residence (“UTMA/UGMA”). In jurisdictions (foreign or domestic) that do not have an UTMA/UGMA statute, OppJar reserves the right to provide the Minor Beneficiary with an OppJar financial account at a future date in accordance with applicable law of the jurisdiction in which the Minor Beneficiary resides.
The Organizer hereby agrees to make an irrevocable exercise of power of appointment by appointing OppJar as custodian of the monetary Gifts in the OppJar financial account (“Gifts”) of the Minor Beneficiary. As custodian under UTMA/UGMA, OppJar is required to follow all of the legal requirements set forth in the applicable UTMA/UGMA statutes, including for example, acting as a fiduciary and collecting, managing, investing and reinvesting the Gifts, as appropriate.
The OppJar Services allow a Minor Beneficiary to accept Gifts from any donor, including the Organizer (collectively, the “Gift Givers”). Whenever Gifts are made by Gift Givers using the OppJar Services, custodial property is created and a transfer is made under UTMA/UGMA.
The Gifts are irrevocable transfers from the Gift Givers to the Minor Beneficiary’s OppJar financial account. OppJar shall only transfer the Gifts to the Minor or to the Minor Beneficiary’s estate upon the earlier of the following: (i) the age set forth in the applicable UTMA/UGMA statute of the Minor Beneficiary’s state/territory of legal residence; or (ii) the Minor Beneficiary’s death. Any exceptions shall only be permitted as set forth in the UTMA/UGMA statute of the Minor Beneficiary’s state/territory of legal residence.
OppJar is entitled to reimbursement from the Gifts for reasonable expenses incurred in the performance of its custodial duties, including for example, for collecting, managing, investing and reinvesting the Gifts.
All information and content provided by OppJar relating to the OppJar Services is for informational purposes only, and OppJar does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding becoming an Organizer or Gift Giver, providing any Gifts or regarding UTMA/UGMA or any information or content relating to the OppJar Services, OppJar recommends consultation with your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the OppJar Services is at your own risk.
If you are an Organizer, Minor Beneficiary, or Gift Giver (collectively referred to herein as a “User”), you are contracting with OppJar, Inc., a Delaware corporation. OppJar has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Minor Beneficiary will obtain a certain amount of Gifts or any Gifts at all. We do not endorse any User and we make no guarantee, express or implied, that any information provided through the OppJar Services is accurate. The Gift Giver must make the final determination as to the value and appropriateness of contributing Gifts to any Minor Beneficiary.
Fees: Although there are no fees to set up an OppJar account, there are certain fees associated with donating Gifts. See the below fee table for a summary of the fees.
|Gift Giving Fee
||$1 fee per Gift transaction
||$0 (i.e., Gift Giving Fee waived)
|Credit Card Use Fee
||2.9% + $0.33 per Gift transaction
||0.8% + 0.01 per Gift transaction
||$30 per occurrence
If OppJar retains a special skill or expertise, such as becoming a registered investment adviser, or contracts with a registered investment adviser for managing, investing and reinvesting the Gifts, then OppJar and/or the contracting entity reserves the right to charge a reasonable fund management or advisory fee.
No Solicitation: The OppJar Services is designed to help Organizers raise money for Minor Beneficiaries. OppJar provides the technology to allow Organizers to connect with Gift Givers. The existence of the OppJar Services is not a solicitation of Gifts by OppJar, and OppJar does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization.
Investments: OppJar, as custodian for the Minor Beneficiaries, is responsible for managing, protecting and safeguarding the Gifts. OppJar shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. As such, OppJar plans to invest and reinvest the Gifts. If OppJar retains a special skill or expertise, such as becoming a registered investment adviser, then OppJar shall use that skill or expertise when investing or reinvesting the Gifts. Investments are NOT FDIC INSURED nor are they insured by any other governmental agency or instrumentality. Investments MAY LOSE VALUE and they are not obligations, guarantees and are NOT BANK GUARANTEED. All investments involve risk, including loss of principal. For example, investing in the bond market is subject to risks, including market, interest rate, issuer, credit, inflation risk, and liquidity risk. Bond investments may be worth more or less than the original cost when redeemed. Investing in the bond market is subject to certain risks including the risk that fixed income securities will decline in value because of changes in interest rates; the risk that fund shares could trade at prices other than the net asset value; and the risk that the manager’s investment decisions might not produce the desired results. Similarly, equities may decline in value due to both real and perceived general market, economic and industry conditions. Equities may decline in value due to both real and perceived general market, economic and industry conditions.; the risk that fund shares could trade at prices other than the net asset value; and the risk that the manager’s investment decisions might not produce the desired results.
Gifts: Gift Givers providing Gifts are done so at the Gift Givers own risk. When a Gift Giver makes a Gift through the OppJar Services, it is an irrevocable transfer to the Minor Beneficiary. The only circumstance where a refund is permitted is if an Organizer fails to provide all regulatory information requested by OppJar to open an OppJar financial account for the Minor Beneficiary. OppJar is not responsible for any offers, promises, rewards or promotions made or offered by Users. We do not and cannot verify the information that Users supply, nor do we represent or guarantee that the Gifts will be used in accordance with any purpose prescribed by a User or in accordance with applicable laws.
Taxes: It is the responsibility of the Minor Beneficiary and/or the Organizer to determine what, if any, taxes apply to the Gifts received through your use of the OppJar Services. It is solely the responsibility of the Minor Beneficiary and/or the Organizer to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority. OppJar does not withhold funds for tax purposes or otherwise. Minor Beneficiaries will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies. OppJar makes no representation as to whether all or any portion of Gifts, including, if any, fees, are tax deductible or eligible for tax credits. OppJar will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any Gift.
Member Account, Password and Security: Users are responsible for maintaining the confidentiality of their password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Users agree to immediately notify OppJar of any unauthorized use of your password or account or any other breach of security. OppJar will not be liable for any loss or damage arising from your failure to comply with this section.
Modifications to Services: OppJar reserves the right to modify, suspend or discontinue, temporarily or permanently, the OppJar Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.
Unsolicited Information: Please be advised that User Content and other unsolicited information you provide may be publicly accessible, such as information you post in forums or comment sections. We also collect information through customer support communications, your communications to us of ideas for new products or modifications to existing products, and other unsolicited submissions, or any questions, comments, suggestions, ideas, feedback or other information about the OppJar Services (collectively, with publicly-accessible information, “Unsolicited Information”). By sending us Unsolicited Information, (a) you agree that we are under no obligation of confidentiality, expressed or implied, with respect to the Unsolicited Information; (b) you acknowledge that we may have something similar to the Unsolicited Information already under consideration or in development; (c) you agree that OppJar will be entitled to the unrestricted use and dissemination of the Unsolicited Information for any purpose, commercial or otherwise, without acknowledgment or compensation to you; (d) you represent and warrant that you have all rights necessary to submit the Unsolicited Information; (e) to the extent necessary, you hereby grant to OppJar a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (through multiple tiers) and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Unsolicited Information, and to sublicense the foregoing rights; and (f) you irrevocably waive, and cause to be waived, against OppJar and its users any claims and assertions of any moral rights contained in such Unsolicited Information. This Unsolicited Information section shall survive any termination of your account or the OppJar Services. You acknowledge and agree that OppJar may preserve Unsolicited Information, as well as User Content, and may also disclose your Unsolicited Information or User Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of OppJar, its users or the public.
Third-Party Communications: If you use any feature of the OppJar Services that allows you to communicate with third parties (such as to refer a third party to the OppJar Services or to communicate with them regarding a Minor Beneficiary or a Gift), either by submitting Third-Party Data to the OppJar Services or otherwise permitting the OppJar Services to automatically access Third-Party Data in your possession, you acknowledge and agree that you have the authority of the relevant third party for us to access and use the relevant Third-Party Data and that you have notified these third parties and informed them how their information is collected and used by OppJar to provide the OppJar Services. We reserve the right to identify you as the person who has made the referral in any messages that are sent to them. We use Third-Party Data to (a) contact such third party using the Third-Party Data provided, and/or (b) provide you with an editable template message designed to facilitate communications between you and such third party through the OppJar Services. In addition to sending the foregoing communications we may also send reminders or related messages to you and to third parties on your behalf from time to time where permitted by applicable law. In each case, any such communication sent to third parties using Third-Party Data will provide a means to “opt out” of receiving further communication of the same nature.
Promotions on the OppJar Services: You are not permitted to offer any contest, competition, reward, give-away, raffle, sweepstakes or similar activity (each, a “Promotion”) on or through the OppJar Services without the express written consent of OppJar.
Data Retention: With respect to OppJar financial accounts, you acknowledge that OppJar has no obligation to you to retain data relating to any account or Minor Beneficiary or Gift or Gift Giver, unless otherwise required by law or UTMA/UGMA. You acknowledge that OppJar reserves the right to delete data or to terminate accounts at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom, unless otherwise required by law or UTMA/UGMA.
Mobile OppJar Services: The OppJar Services include certain features that may be made available via a mobile device, including the ability to (i) upload User Content to the OppJar Services, (ii) browse the OppJar Services and (iii) access certain items through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access Mobile Services, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your OppJar account information to ensure that your messages are not sent to the person that acquires your old number.
You are solely responsible for compliance with all applicable law in relation to use of the OppJar Services. You are further solely responsible for all User Content that you upload, post, publish, display, transmit or otherwise use (hereinafter, “Upload”). You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Service.
The following are examples of User Content and/or use that is illegal or prohibited by OppJar. This list is not exhaustive and we reserve the right to remove any User and/or investigate any User who, in our sole discretion, violates any of the terms or spirit of these Terms of Service. As we investigate a User or User Content, we may consider all available material including but not limited to social media, related news, and any other information that we, in our sole discretion, deem relevant in our review. We further reserve the right, without limitation, to ban or disable your use of the OppJar Services, remove the offending User Content, suspend or terminate your account, stop payments, freeze or place a hold on Gifts, and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our users.
Without limiting the foregoing, you agree not to use the OppJar Services with the implicit or explicit purpose of or involving:
- the violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with the OppJar Services;
- User Content or campaigns that are fraudulent, misleading, inaccurate, dishonest, or impossible;
- User Content that we deem, in our sole discretion, to be in support of hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases;
- User Content that we deem, in our sole discretion, to be for the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, serious disabilities or diseases, or financial crimes or crimes of deception;
- pornography or other sexual content;
- offensive, graphic, perverse or sensitive content;
- aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
- products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
- any other activity that OppJar may deem in its sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature; or
- any other activity that OppJar may deem in its sole discretion to be unacceptable.
Further, without limiting the foregoing, you agree:
- not to use the OppJar Services on behalf of a third party or post any personal data or other information about a third party, without the express consent of that third party;
- not to use another User's account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Minor Beneficiary through the OppJar Services, or post User Content in any inappropriate manner;
- not create any liability for OppJar or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;
- not to engage in any conduct that, in OppJar’s sole judgment and discretion, restricts or inhibits any other user from using or enjoying the OppJar Services;
- not to interfere with or disrupt any servers or networks used to provide the OppJar Services or their respective features, or disobey any requirements of the networks OppJar uses to provide the OppJar Services;
- not to gain unauthorized access to the OppJar Services, or any account, computer system, or network connected to these OppJar Services, by any unauthorized or illegal means;
- not to use the OppJar Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the OppJar Services for fundraising activities in accordance with these Terms is expressly permitted;
- undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the OppJar Services; or
- attempt to undertake indirectly any of the foregoing.
Additionally, with respect to all Gift Givers, you agree:
- not to make any Gifts that you know or suspect to be erroneous, suspicious or fraudulent;
- not to use the OppJar Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC);
- to maintain reasonable and standard security measures to protect any information transmitted and received through the OppJar Services, including without limitation by adhering to any security procedures and controls required by OppJar from time to time;
- to maintain a copy of all electronic and other records as necessary for OppJar to verify compliance with these Terms of Service and make such records available to OppJar upon our request; and
- at OppJar’s request, including without limitation in case of investigations by OppJar, a payment processing partner, or a regulatory or governmental authority, to fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.
Gifts: OppJar reserves the right to refuse, condition, or suspend any Gifts or other transactions that we believe in our sole discretion may violate the Terms of Service or harm the interests of our Users, business partners, the public, or OppJar, or that expose you, OppJar, or others to risks unacceptable to us. We may share any information related to your use of the OppJar Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about the Organizer, the Minor Beneficiary, the Gift Giver, the Gifts, and transactions made through or in connection with your use of the OppJar Services.
Gift Giver Conduct: In order to contribute to an account of a Minor Beneficiary, a Gift Giver will be required to provide OppJar information regarding its credit card or other payment instrument (“Payment Instrument”) that is linked to the Minor Beneficiary’s account on the OppJar Services (a “Billing Account”). You, as a Gift Giver, represent and warrant to OppJar that such information is true and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum Gift amount may apply, and that all Gifts are final and will not be refunded unless OppJar, in its sole discretion, agrees to issue a refund. OppJar uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Gifts made, and Gift Givers acknowledge that by contributing a Gift to an account of a Minor Beneficiary, the Gift Givers agree to the processing, use, transfer or disclosure of data by our payment processors pursuant to any and all applicable terms set forth by our payment partners, in addition to these Terms of Service, including Stripe’s terms of service.
Account Holds: From time to time, OppJar may, in its sole discretion, place a hold on a Minor Beneficiary account (a “Hold”), restricting Final Transfers (defined below), initiate a reverse ACH transfer, secure reserves, or take similar actions to protect its interests and those of its Users. Some of the reasons that we may take such actions include, but aren’t necessarily limited to, the following: (i) if we have reason to believe (in our sole discretion) that information provided by an Organizer is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) if the funds available (as determined by OppJar in its sole discretion) should be provided directly to a person other than the Minor Beneficiary, (iii) if we have reason to believe that an Organizer has violated these Terms of Service, (iv) if OppJar determines that the Organizer is colluding with Gift Givers to engage in fraudulent activity, (v) if we have reason to believe (in our sole discretion) that there may be suspicious or fraudulent Gift activity, or (vi) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Minor Beneficiary account, or need information about how to resolve the Hold, please contact OppJar using the contact information shown on OppJar’s website.
Transferring Gifts from a Minor Beneficiary Account to the Minor Beneficiary: OppJar shall only transfer the Gifts to the Minor or to the Minor Beneficiary’s estate upon the earlier of the following: (i) the age set forth in the applicable UTMA/UGMA statute of the Minor Beneficiary’s state/territory of legal residence; or (ii) the Minor Beneficiary’s death (each a “Final Transfer”). Any exceptions shall only be permitted as set forth in the UTMA/UGMA statute of the Minor Beneficiary’s state/territory of legal residence. While OppJar strives to make Final Transfers available to the Minor Beneficiary promptly, you acknowledge and agree that Final Transfers may not be available for use immediately, and OppJar does not guarantee that Final Transfers will be available within any specific time frame, and OppJar expressly disclaims any and all responsibility for any delay or inability to access and use the Gifts at any specified time, and any consequences arising from such delay or inability. Minor Beneficiaries are responsible for ensuring that the information provided to OppJar in order to process a Final Transfer is accurate and up to date. OppJar is also not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by OppJar issuing refunds, including, but not limited to transaction or overdraft fees.
INTELLECTUAL PROPERTY RIGHTS
OppJar Services Content, Software and Trademarks: You acknowledge and agree that the OppJar Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by OppJar, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the OppJar Services or the Services Content, or in whole or in part, excepthat the foregoing does not apply to your own User Content that you legally upload to the OppJar Services. In connection with your use of the OppJar Services you will not engage in or use any data mining, spiders, robots, scraping or similar data gathering or extraction methods. If you are blocked by OppJar from accessing the OppJar Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the OppJar Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the OppJar Services or distributed in connection therewith are the property of OppJar, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by OppJar. The OppJar name and logos are trademarks and service marks of OppJar (collectively the “OppJar Trademarks”). Other company, product, and service names and logos used and displayed via the OppJar Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to OppJar. Nothing in these Terms of Service or the OppJar Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of OppJar Trademarks displayed on the OppJar Services, without our prior written permission in each instance. All goodwill generated from the use of OppJar Trademarks will inure to our exclusive benefit.
Third-Party Material: Under no circumstances will OppJar be liable in any way for any content or materials of any third parties (including Users) or any User Content (including, but not limited to, for any errors or omissions in any User Content), or for any loss or damage of any kind incurred as a result of the use of any such User Content. You acknowledge that OppJar does not pre-screen User Content, but that OppJar and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any User Content that is available via the OppJar Services at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
User Content Transmitted Through the OppJar Services: With respect to the User Content, you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading, sharing, providing, or otherwise making available any User Content, or any portion thereof, in connection with the OppJar Services, you hereby grant and will grant OppJar and its affiliated companies and users a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the OppJar Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless OppJar and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of OppJar in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the OppJar Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or OppJar's exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the OppJar Services.
Copyright Complaints: OppJar respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify OppJar of your infringement claim. OppJar will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, OppJar has adopted a policy of terminating, in appropriate circumstances and at OppJar's sole discretion, users who are deemed to be repeat infringers. OppJar may also at its sole discretion limit access to or terminate the OppJar Services and/or terminate the account of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
THIRD PARTY WEBSITES/SERVICES
The OppJar Services or third parties may provide or facilitate links, tools, widgets or other features that allow you to access other sites, services and resources provided by third parties (collectively, “Third Party Resources”). OppJar has no control over such Third Party Resources or any products, services or content made available through or by such Third Party Resources, or the business practices of the third parties providing such Third Party Resources, and OppJar is not responsible for and does not endorse such Third Party Resources or the products, services or content made available thereby. You acknowledge that OppJar is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Resources. You further acknowledge and agree that OppJar will not be 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 content, events, goods or services available on or through any such Third Party Resources. Any dealings you have with third parties found while using the OppJar Services are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such Third Party Resources. OppJar is not liable for any loss or claim that you may have against any such third party.
INDEMNITY AND RELEASE
You agree to release, indemnify on demand and hold OppJar and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the OppJar Services, any Gift, any User Content, your connection to the OppJar Services, your violation of these Terms of Service or your violation of any rights of another. You agree that OppJar has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify OppJar for the costs of its defense (including, but not limited to attorney’s fees.) If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE OPPJAR SERVICES IS AT YOUR SOLE RISK. THE OPPJAR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OPPJAR AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
OPPJAR AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT (I) THE OPPJAR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE OPPJAR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OPPJAR SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE OPPHJAR SERVICES WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER OPPJAR NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF OPPJAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE OPPJAR SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE OPPJAR SERVICES; OR (IV) ANY OTHER MATTER RELATING TO THE OPPJAR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE OPPJAR SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE OPPJAR SERVICES.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE OPPJAR SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding the foregoing, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either of us to (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim.
The Process: Any arbitration between you and us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Service. The AAA Rules and filing forms are available online at www.adr.org by calling the AAA at 1-800-778-7879.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to work with you and make a good faith effort to resolve the claim directly, but if we aren’t successful within 60 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by either of us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount which exceeds the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.00.
No Class Actions: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Enforceability: If this Disputes section is found to be unenforceable, then the entirety of this Disputes section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described below will govern any action arising out of or related to these Terms of Service.
Confidentiality: We each agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers.
You agree that OppJar, in its sole discretion, may suspend or terminate an OppJar account (or any part thereof) or your access to the OppJar Services and remove and discard any User Content or data at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
You agree that you are solely responsible for your interactions with any other user in connection with the OppJar Services and OppJar will have no liability or responsibility with respect thereto. OppJar reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the OppJar Services.
By entering into this agreement, you expressly acknowledge that you have read and understand all of the Terms of Service. These Terms of Service constitute the entire agreement between you and OppJar and govern your use of the OppJar Services, superseding any prior agreements between you and OppJar with respect to the OppJar Services. You also may be subject to additional terms of service that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and OppJar agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Orange, California. The failure of OppJar to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the OppJar Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will 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. You may not assign these Terms of Service without the prior written consent of OppJar, but OppJar may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The OppJar Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the OppJar Services. OppJar may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, reorganization or sale of equity or assets, or by operation of law or otherwise. Nothing in these Terms shall prevent OppJar from complying with the law. OppJar shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
TERMS AND CONDITIONS FOR PAPERLESS DELIVERY OF ALL COMMUNICATIONS
By agreeing to OppJar’s Terms of Service, you are consenting to receive all communications from OppJar, electronically, you are agreeing that documents and official notices which you are required to receive may be sent to you electronically rather than in paper form. You agree these paperless communications are the legal equivalent of officially required communication. These communications may include, but are not limited to, changes in the terms of service, quarterly account statements, receipts, legally required notices and any other official correspondence. You may request at any time to opt out of receiving communications electronically. This request must be made in writing to OppJar. You must provide OppJar with a valid email address. If in the event your information changes you must notify OppJar immediately so that you do not miss receiving important information. If you should need a paper copy of a specific document you may at any time request this by emailing OppJar. You may withdraw your consent to receive your records electronically at any time by sending an email to OppJar.
QUESTIONS? CONCERNS? SUGGESTIONS?
Please contact OppJar using the contact information shown on www.oppjar.com to ask any questions, or pose any concerns or suggestions.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
655 S Main St. STE 200
Orange, CA 92868