Written: 5/10/2022

Last Updated: 2/21/2023

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OVERVIEW

Welcome to Pepper (www.joinpepper.org) operated by Pepper Collective Inc. a registered non-profit organization in Massachusetts (ID 001455535) with tax exempt status (EIN 85-2709463). These Terms and Conditions govern your use of our website. 

By accessing or using the services provided by Pepper Collective Inc. (collectively, “Pepper”, “we”, “us” or “our”) through our websites or mobile applications (collectively, the “Website” and together with such services, the “Services”) you agree to be bound by these Terms and all of the Terms incorporated herein by reference. If you do not agree to these Terms, you may not access the Website or use the Services. 

If you are using the Website or Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.

Pepper reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will provide notice of such changes, such as by sending you an email notification or providing notice through the Website. You are encouraged to review these Terms periodically for changes and updates. By continuing to access the Website or use the Services in any way after such notice has been provided, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. If you do not agree to the revised Terms, you are free to reject them and will not be able to access the Website or use the Services.

DESCRIPTION OF PEPPER AND THE WEBSITE

Pepper is a nonprofit organization that makes giving to great organizations easy and rewarding. Our vision is to help people living in extreme poverty by creating a power in numbers approach to giving, wherein a small amount of money (given by many people) can have a significant impact. We hope to make impactful giving easier than ever before by providing a frictionless giving experience. 100% of your donations (less credit card fees) will go to the partner charities listed on the Website. Pepper will receive the initial donation via the Website and then send the total amount of money donated to the partner charities on a monthly basis. At the end of each year Pepper decides to continue with the current charities or make changes. Either way you will be notified in December. 

SECTION 1 – PRIVACY POLICY

Please view our Privacy Policy here for details on how Pepper collects, uses, and discloses information about you. 

SECTION 2 – ELIGIBILITY REQUIREMENTS 

The Pepper Website is not targeted toward or intended for use by anyone under the age of 13 and any registration by, use or access to the Website by anyone under 13 is not allowed. You need to review these Terms with a parent or guardian if you are 13 or older and under age 18. The parent or guardian must understand these Terms and agree to be bound by them for you to use the Website. Use of The Website must be under their guidance and with their permission. By using the Website, you represent and warrant that you (a) have not been previously suspended or removed by Pepper; (b) engaged in any activity that could result in suspension or removal; (c) have full power and authority to enter into these Terms.

SECTION 3 – LINKS TO THIRD PARTY SITES

The Website contains links to other websites. Pepper is not responsible for the contents of any linked site, nor any of your actions on the linked site. Pepper is providing these links for additional information and the inclusion of any link is not an endorsement by Pepper of the site or its owners. We are not liable for any harm or damages related to the purchase or use of goods, services, content, or any other transactions made on a linked site. Please review carefully the linked site’s policies and practices and make sure you fully understand them before using the site in any capacity. 

SECTION 4 – NO UNLAWFUL OR PROHIBITED USE

You are prohibited from using the site and any of its content (a) to violate any international, federal, or state laws, rules, regulations, or local ordinances; (b) for any illegal purpose; (c) to unlawfully use or collect the personal information of others; (d) to discriminate, abuse, intimidate, or harm based on religion, sexual orientation, race, ethnicity, gender, age, nationality, or disability; (e) to provide false information; (f) to create viruses or code that may hinder the Website, its Services, and any other website (g) to violate our intellectual property rights or the intellectual property rights of others; (h) to copy, sell, reproduce, or exploit any component of the Services or the Website without express written permission by us; (i) to spam, phish, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to inhibit the security of the Website, its Services, and any other website. Your access and use of the Website and Services can be terminated by Pepper at any time for violating any of the prohibited uses. 

SECTION 5 – ACCOUNT INFORMATION AND BILLING

You must provide up to date and accurate account information for all donations. You agree to promptly update contact information and billing information for your account so that we can process your donations and contact you if any issues arise. We reserve the right to deny any donations and or accounts that appear illegitimate at our sole discretion. 

When you start a donation to Pepper you expressly acknowledge and agree that Pepper (including our third-party payment provider) is authorized to charge you every month for the cost of your chosen donation (in addition to any other applicable charges) for as long as your donation continues. Your donation is continuous (billed every month) until you cancel it or we terminate or suspend the donation. 

You may cancel your monthly donation at any time before the next date of billing (“bill date”) by logging into your account and completing the cancellation process or emailing support@joinpepper.org. Your request will be processed for the next scheduled bill date. You agree to be held responsible for any donations processed prior to the cancellation of your monthly donation. 

SECTION 6 – PAYMENTS

Pepper uses a third-party payment provider to securely process donations. Pepper is in no way affiliated with the third-party payment provider and is not responsible or liable for the payment processors performance. By agreeing to these Terms, you agree that Pepper is not be held accountable for any failures on the part of the third-party payment provider. Please note that the third-party payment provider will have access to the information you provide Pepper when making a donation. If you are uncomfortable with this then do not make a donation. You must use a valid form of payment. Donations are non-refundable. 

SECTION 7 – THIRD PARTY CONTENT

The Website contains content from third parties. We make no representations or warranties of any kind regarding this content and we do not endorse or control this content. You agree that your engagement with this content is solely between you and the third parties and we are not liable for such engagements with the third-party content. 

SECTION 8 – LIMITATION OF LIABILITY 

Pepper cannot guarantee or warrant that your use of the Website or our Services will be free from errors, interruptions, and security risks. You agree that we may need to discontinue or pause the Services at any given time. You agree that all Services are provided ‘as-is’, at your sole risk. Pepper and all of its employees, directors, officers, agents, affiliates, partner charities, contractors, interns, and service providers will not be liable for any injury, loss, claim, or consequential damages of any kind resulting from your use of the Website or Services. In the case where a state does not allow the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by the law. 

SECTION 9 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Pepper and our employees, directors, officers, agents, affiliates, partner charities, contractors, interns, and service providers, from any claim or demand, including legal fees, made by any third-party due to or resulting from your breach of these Terms or the documents they incorporate by reference, or your failure to abide by any law or the rights of a third-party. 

SECTION 10 – GOVERNING LAW AND VENUE 

These Terms, your access to the Website and use of the Services, shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law rules or principles (whether of the Commonwealth of Massachusetts or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court pursuant to Section 15 shall be resolved in the state or federal courts of the Commonwealth of Massachusetts and the United States, respectively, in the Commonwealth of Massachusetts, County of Middlesex, City of Cambridge.

SECTION 11 – TERMINATION

Pepper reserves the right without notice and in our sole discretion, to terminate your right to access the Website or use the Services at any time and for any or no reason. You agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already donated to us, to the fullest extent permitted by applicable law.

SECTION 12 – SEVERABILITY 

If any term, clause or provision of these Terms is deemed invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

SECTION 13 – MISCELLANEOUS 

These Terms constitute the entire agreement between you and Pepper regarding your access to the Website and use of the Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Pepper. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and our failure to assert any right or provision under these Terms shall not result in a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

SECTION 14 – CONTACT INFORMATION

Questions about the Terms should be sent to admin@joinpepper.org.