Revised Terms and Conditions for MyTeamFundraiser
Effective Date: 1/18/2025
Quick Overview
The following is a brief summary of the key points in our Terms and Conditions. For full details, please refer to the complete Terms below.
- Your Consent: By using the Donate2Support platform, you agree to these Terms and our Privacy Policy.
- Messaging: Sellers/Members and Supporters must opt-in to receive messages. You can opt out anytime by replying STOP.
- Parental Consent: Users under 18 need parental or guardian consent.
- Dispute Resolution: All disputes will be resolved through arbitration in Cabot, Arkansas.
- Data Usage: Your data is used to enhance platform functionality and is never sold to third parties.
This overview is for reference only. The full Terms and Conditions govern your use of the Platform.
Introduction
These Terms and Conditions (“Terms”) govern your use of the MyTeamFundraiser platform (“Platform”), operated by Special Moments of Arkansas LLC (doing business as Donate2Support and MyTeamFundraiser). By using the Platform, you agree to these Terms. If you do not agree, you must not use the Platform.
For information on how we collect, use, and protect your data, please refer to our Privacy Policy.
1. Definitions
- Sponsor: The individual or entity organizing and overseeing a campaign.
- Seller/Member: Participants in campaigns, such as students or parents, who use the Platform to solicit support.
- Supporter: Individuals who receive messages or visit campaign pages to contribute or donate.
2. Consent and Messaging
(a) Seller/Member Consent: Sellers/Members consent to:
- Share their contact lists with MyTeamFundraiser via the Donate2Support Mobile App.
- Send messages to their contacts using the Platform’s tools.
- Indemnify MyTeamFundraiser against claims arising from failure to secure consent from their contacts.
(b) Supporter Consent:
- Supporters must explicitly opt in by agreeing to the following prompt:
“You’re requesting to view & receive SMS updates for [Campaign Name] invited as [Recipient Name] at cell number [Recipient Phone Number]. If this is correct, please agree to our Terms & Conditions to proceed.”
- The phrase “Terms & Conditions” hyperlinks to this document for full disclosure.
- Supporters who do not agree will not receive messages except for:
- Order confirmations.
- Tax receipt emails.
(c) Opt-Out Mechanism:
- All users can opt out of messaging anytime by replying STOP or similar keywords. Opt-outs are processed immediately.
(d) Duty to Notify and Indemnify:
- Users must notify MyTeamFundraiser if they discontinue their mobile number or transfer it to another party. Failure to do so may result in liability for any claims brought by individuals assigned the number. Users indemnify MyTeamFundraiser from claims related to their failure to notify.
💬 3. Messaging Program
(a) Program Description:
- For Sellers/Members:
- Messages include updates on invitations sent, donations received, and motivational content from the campaign sponsor.
- Campaigns typically run 2-4 weeks.
- For Supporters:
- Messages include campaign updates (typically 5 messages over 2-4 weeks) and thank-you notes or order confirmations for donations.
(b) Cost and Frequency:
- Message and data rates may apply. Recurring messages are sent during the campaign period.
(c) Support Instructions:
- For support, call or text 501-954-2631 or email info@myteamfundraiser.com. Opt-outs must be submitted via SMS as outlined above.
(d) MMS Disclosure:
- Messages will default to SMS if the recipient’s device does not support MMS.
🔒 4. Privacy and Data Security
(a) Data Collection:
- The Platform collects contact information uploaded by Sellers/Members solely for facilitating campaign communications.
(b) Data Usage:
- Access logs, including platform usage data and device details, may be retained indefinitely to enhance functionality and improve services. Data collected will not be sold or shared with third parties outside the scope of campaign operations. See the Privacy Policy for details.
(c) Data Protection:
- MyTeamFundraiser employs industry-standard security measures to protect data against unauthorized access or misuse.
5. Compliance with Laws
The Platform complies with applicable laws, including the Telephone Consumer Protection Act (TCPA). Sellers/Members and Supporters agree to adhere to these laws and assume liability for non-compliance.
⚠️ 6. Liability and Indemnification
(a) Platform Liability:
- MyTeamFundraiser is not liable for:
- Messages sent by Sellers/Members without proper consent.
- Claims arising from misuse of the Platform’s tools.
- Actions violating local, state, or federal laws.
(b) Indemnification:
- Users agree to indemnify, defend, and hold MyTeamFundraiser harmless from claims related to:
- Unauthorized messaging, misuse of the Platform’s tools (including unauthorized access or third-party use of a user’s account).
- Failure to notify of changes to mobile numbers.
- Violations of TCPA or similar laws.
⚖️ 7. Dispute Resolution
(a) Arbitration Agreement:
- Any dispute, claim, or controversy arising out of or relating to these Terms, including the breach, termination, enforcement, interpretation, or validity thereof, will be resolved exclusively through binding arbitration.
- Arbitration will occur in Cabot, Arkansas, and each party will bear its own costs unless otherwise required by law.
- Class actions, consolidated actions, and punitive damages are expressly prohibited.
(b) Confidentiality:
- Arbitration proceedings, including all related documents and outcomes, are confidential unless disclosure is required by law.
(c) No Court Exceptions:
- No disputes, regardless of value, may be brought in any court, including small claims court. All claims must proceed through arbitration.
(d) Finality:
- The arbitrator’s decision will be final and binding, and no party may appeal the decision, except as permitted by applicable arbitration laws.
8. Miscellaneous
(a) Participant Requirements:
- Users must have permission to use a device capable of two-way messaging and text services. Users under 18 are required to obtain parental or guardian consent before participating.
(b) Disclaimer of Warranty:
- The Program is provided “as-is” and may not work in all areas due to service or device limitations.
(c) Updates to Terms:
- Terms may be updated periodically. Users are responsible for reviewing updates, and continued participation constitutes acceptance of changes.
This document is for informational purposes only and is not a substitute for legal advice.
By using the MyTeamFundraiser platform, you acknowledge and agree to these Terms and Conditions.