IMPORTANT: READ THE ENTIRE AGREEMENT.

THIS AGREEMENT APPLIES TO ALL REGISTERED USERS OF THE STAYCLASSY.ORG WEBSITE, EXCEPT FOR ORGANIZATIONS THAT HAVE ACCEPTED THE "NONPROFIT MEMBER AGREEMENT."

BY REGISTERING FOR THE STAYCLASSY.ORG WEBSITE YOU SIGNIFY THAT YOU HAVE READ, AND ACCEPT, THE FOLLOWING AGREEMENT. YOU WILL BE CONTRACTUALLY BOUND BY THE TERMS CONTAINED HEREIN.

THIS AGREEMENT, INCLUDING ANY TERMS REFERENCED HEREIN, MAY BE AMENDED FROM TIME TO TIME. CHANGES TO THIS AGREEMENT WILL ONLY APPLY PROSPECTIVELY. A GIVEN AMENDMENT WILL NOT APPLY TO CLAIMS ARISING BEFORE, OR ARISING FROM FACTS OCCURRING BEFORE, THE POINT IN TIME WHEN THAT AMENDMENT WAS PUBLISHED TO THE STAYCLASSY.ORG WEBSITE.

IT IS YOUR RESPONSIBILITY, AND YOUR RESPONSIBILITY ALONE, TO CHECK THE TERMS OF THIS AGREEMENT TO SEE IF REVISIONS HAVE BEEN MADE. THE DATE OF THE LAST AMENDMENT MADE TO THIS AGREEMENT WILL BE POSTED AT THE TOP OF THIS PAGE. YOU SHOULD CHECK THE TERMS REGULARLY. YOUR CONTINUING USE OF THE STAYCLASSY.ORG WEBSITE WILL CONSTITUTE YOUR ACCEPTANCE OF ANY CHANGES THAT HAVE BEEN MADE TO THIS AGREEMENT. IF YOU DO NOT WISH TO ACCEPT ANY CHANGES MADE TO THIS AGREEMENT, YOU MAY CANCEL YOUR MEMBERSHIP WITH THE STAYCLASSY.ORG WEBSITE AT ANY TIME.

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CONTENTS BY SECTION:

· 1. PRELIMINARY
· 2. INTELLECTUAL PROPERTY
· 3. FINANCIAL TRANSACTIONS
· 4. ALLOCATION OF RISK
· 5. GENERAL
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1. PRELIMINARY

Parties - The term of this Agreement is unfixed. Either the User or StayClassy may terminate this Agreement at will by canceling the User's membership.

User - By registering with and using the stayclassy.org website, or any subdomains thereof, (collectively the "Website"), the User represents and warrants that (1) User is age EIGHTEEN or older, or User is age THIRTEEN or older and has the consent of User's legal guardian to register with and use the Website, and (2) User has the legal authority to enter into this Agreement.

Consideration - StayClassy grants the User a nonexclusive, nontransferable, nonsublicensable, revocable, limited license to access and use (but not to copy, reproduce, alter, display or profit from in any way) the "member-restricted" portions of the Website. The member-restricted portions of the Website are only accessible after registering with the Website. In exchange for the grant of this limited license, the User agrees to abide by, and be legally bound by, all the terms and conditions contained in this Agreement.

Scope of Agreement - Once entered into, this Agreement will supplant the Visitor Agreement in its entirety and will apply to the User's use of both the public and member-restricted portions of the Website.

Term of Agreement - The term of this Agreement is unfixed. Either the User or StayClassy may terminate this Agreement at will by cancelling the User's membership.

Notice of Changes to this Agreement- StayClassy reserves the right to amend, modify, or change the terms of this Agreement from time to time. As detailed above, such changes will only apply prospectively. User acknowledges, understands, and agrees that notice of any changes made to this Agreement shall be given solely by way of publication of the "Date of Last Amendment" at the top of this page.

Account Password and Security -At registration the User is required to create a username and password. Safeguarding the privacy of this password is the sole responsibility of the User. The User is responsible for all activity occurring on the User's account whether or not such activity has been expressly authorized by the User. User agrees to logout of User's account at the end of each session on the Website. Additionally the User agrees to immediately notify StayClassy (info@stayclassy.org) if the User in any way suspects that the security of the User's password or account has been compromised.

Privacy - By registering with the Website User agrees to the StayClassy Privacy Policy, which may be viewed by clicking here. User agrees to the use of User's data by any member-charity, event-host, or person with a fundraising page that User makes a donation to, or purchase from, in accordance with that party's policies.

International Visitors - In addition to the foregoing, Users from countries outside the U.S. (i) consent to having their data transferred to and processed in the United States and (ii) represent, warrant, and irrevocably covenant that they will not engage in any financial activity on the Website if they are either a resident of a country embargoed by the United States or listed on the U.S. Treasury Department's list of Specially Designated Nationals.

Standards of Conduct - By registering with Website User agrees to the StayClassy Standards of Conduct, which may be viewed by clicking here.

2. INTELLECTUAL PROPERTY

StayClassy's Intellectual Property - Notwithstanding the above-granted limited license, the User understands that all web content, graphics, software and the like that User gains access to on the Website remain the sole property of StayClassy. The User acknowledges that it has no right, title, or interest in StayClassy's intellectual property. All goodwill accruing from the use of StayClassy's intellectual property shall inure to the benefit of StayClassy alone.

User's Intellectual Property- By posting, transmitting, or uploading content to the Website User grants StayClassy a non-exclusive, worldwide, transferrable, irrevocable, royalty-free, license, to reproduce, publicly display, publicly perform, publish, store, transmit and modify (create derivative works from) such content for use in connection with the operation of the Website; such use may include the display or reproduction of the User's content by StayClassy affiliates or partners. User agrees that unless the User specifically requests anonymity, the fact and amount of any donation or purchase made by the User may be shared through the Website's various activity feeds. By posting, transmitting, or uploading content to the Website, User represents and warrants that User has legal authority to grant the above-described license to StayClassy.

3. FINANCIAL TRANSACTIONS

Agency - User understands that StayClassy acts as the agent of its member-charities for the limited purpose of receiving donations for, and periodically remitting donations to, such member-charities. As used here, "donation" includes money from ticket sales. ↑ Back to Top ↑

Donation and Ticketing Fees - StayClassy charges a fee for donations made to StayClassy member charities or for tickets purchased through the Website. The fees are as follows:

Individual ticket sale or donation totaling $5.00 or less:

$0.50

Individual ticket sale or donation totaling more that $5.00:

5.5% of the donation/ticket amount, and

An additional 1% added on for international donations or donations made with an American Express card

Note:

The 5.5% fee includes a 3% StayClassy fee and a 2.5% fee to cover standard credit card processing costs. For tickets, fees are applied to each ticket individually even if several tickets are purchased in the same transaction.↑ Back to Top ↑

Ticket Sale Refunds - It is the sole responsibility of the host of a given event to communicate a refund policy to ticket purchasers. It is also the sole responsibility of the event host to address and settle any consumer requests for ticket sale refunds. User agrees that it will bring any refund claims directly against the host of the event at issue and never against StayClassy.
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4. ALLOCATION OF RISK

Responsibility for Events - The User agrees that StayClassy shall HAVE NO RESPONSIBILITY FOR ANY EVENTS BEING ADVERTISED FOR ON THE WEBSITE. ALL RESPONSIBILTY FOR THESE EVENTS, INCLUDING THEIR ADMINISTRATION, RESTS WITH THE PARTY PLANNING, AND HOSTING, THE EVENT. The User agrees to pursue any and all claims related to the inadequacy of an event, including an event's complete non-occurrence, against the party responsible for hosting the event and not against StayClassy itself. StayClassy neither warrants nor represents anything at all about the persons, or other parties, that may choose to advertise events through the Website, including such persons', or parties', ability to complete a given transaction. Likewise, StayClassy neither warrants nor represents anything about the administration, quality, legality, or safety of events advertised through the Website.

Supporter Hosted Events - Member-charities have the ability to allow supporters to host events, to publish events to the Website, and to sell tickets/registrations or accept donations through their event pages. If, at anytime, User hosts an event for a member-charity and creates a webpage on the Website in connection therewith, User agrees that StayClassy bears no responsibility for any aspect of the administration of the event or for ticket/registration refunds or chargebacks. User further agrees that StayClassy, in its sole discretion, may elect to hold all, or some portion of, the ticket/registration proceeds or donations processed through User's page in order to offset against the risk of consumer chargebacks, invalidated transactions, or refund requests arising from the event User has hosted; a hold on all or a portion of such funds shall not exceed 90 days from the completion of the event. User agrees that for any event User hosts for a member-charity, User will be jointly and severally liable (along with the member-charity) for any chargebacks, PayPal chargeback fees, invalidated transactions, or refunds arising out of that event. User agrees to allow StayClassy to recover any amounts owed to StayClassy by debiting from the balance in User's account. If there are insufficient funds in User's account to cover the outstanding liability, User agrees to reimburse StayClassy through other means.

Indemnification - The User agrees to indemnify and hold harmless StayClassy, its successors or assigns, and all StayClassy's officers, directors, employees, agents, independent contractors, and all StayClassy affiliates for all costs (including attorney's fees) from third party claims arising out of, or relating to, the User's breach of this Agreement.

Waiver of Warranties - StayClassy disclaims all warranties, express or implied, concerning the Website to the fullest extent allowed by law (which may vary by jurisdiction). This waiver includes, but is not limited to, all warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of information. StayClassy makes no warranty about the safety or security of the Website, and User accepts all risk related to technological threats. StayClassy makes no warranties concerning continuity of service; interruptions of indeterminable length may occur for any number of reasons and User assumes all risk attendant with such interruptions. StayClassy only offers the Website "AS IS" and "WITH ALL FAULTS." ↑ Back to Top ↑

Liability Release - In exchange for access to and use of the member-restricted portions of the Website, the User agrees to release StayClassy, its officers, directors, employees and agents (the "Releasees") from ALL LIABILITY, DAMAGES (INCLUDING DEATH OR PERSONAL INJURY), LOSSES, OR CLAIMS OF ANY KIND WHICH MAY ARISE FROM THE USER'S USE OF THE WEBSITE, OR THE USER'S INTERACTION, OF ANY TYPE OR DEGREE, WITH THIRD PARTIES APPEARING ON THE WEBSITE. THIS RELEASE WILL APPLY EVEN IF SUCH LIABILITY, DAMAGE, LOSS, OR CLAIM IS CAUSED BY, OR CONTRIBUTED TO BY, THE NEGLIGENCE OF ONE OR MORE OF THE RELEASEES.

User expressly waives all rights User may have under California Civil Code � 1542 which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." ↑ Back to Top ↑

Limitation of Liability - To the extent that User may have a claim not covered by the above release, User understands and agrees that StayClassy and the other Releasees' aggregate liability to User for any damage alleged to be suffered by User in connection with User's use of the Website, shall not exceed the greater of one hundred U.S. dollars or the total amount the User has paid to StayClassy in the year preceding the date of the claimed violation. StayClassy and the other Releasees will not be liable to the User for any consequential, special, indirect or incidental damages (including lost profits), even if they have been informed of the possibility of such damages, arising out of or in connection with breach of this Agreement or the User's use of the Website. Applicable law may not allow for the above limitations or exclusions, so they may not apply to every User; in such a case, StayClassy and the other Releasees' liability will be limited to the fullest extent allowed by applicable law. ↑ Back to Top ↑

Nonprofits - StayClassy makes no warranties about the legitimacy of the nonprofits reachable through the Website. StayClassy makes no warranties concerning the potential tax-deductibility of any financial transactions User might make on the Website. Although StayClassy may characterize a given transaction as a "donation" or "charitable gift," or use another like term, this should not be relied upon as tax advice. Always consult a qualified tax professional before determining whether, or to what extent, a particular financial transaction may be written off for tax purposes.↑ Back to Top ↑

5. General

Entire Agreement - StayClassy and the User intend for this document (entitled "User Agreement") to be a complete integration of the agreement between StayClassy and the User. As the final agreement between StayClassy and the User it supersedes and displaces any other earlier or contemporaneous written or oral agreements, negotiations, or statements purporting to deal with the subject matter hereof.
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Divisibility - The finding by a court of competent jurisdiction of the unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal. Such court shall have the authority to modify or replace the invalid, illegal, or unenforceable term or provision with a valid and enforceable provision that most accurately represents the parties' intentions with respect to the invalid, illegal, or unenforceable term or provision. The parties' intentions should be judged solely by reference to the language of this Agreement prior to any court modification. ↑ Back to Top ↑

Headings - The bolded headings provided at the beginning of each term, as well as the numbered section headings, are for ease of reference; they have no independent legal weight and should not be used to limit the construction given to the language of each term. ↑ Back to Top ↑

Assignments - StayClassy reserves the right to assign rights under this Agreement. All assignments by the User of rights under this contract, however, are VOID. ↑ Back to Top ↑

Law, Jurisdiction, and Venue - Any dispute arising from, or in connection with, this Agreement or the User's use of the Website shall be governed by the laws of the state of California without regard to its choice of law provisions The User and StayClassy agree that ANY AND ALL claims related to such disputes will be brought in a state or federal court located in San Diego County, California. The User expressly submits to the personal jurisdiction of the courts of San Diego County, California for the purposes of litigating all such claims. For purposes of jurisdiction and venue, StayClassy and the User agree that this contract, though entered into over the internet, is to be taken as having been executed in San Diego County, California. ↑ Back to Top ↑

Attorneys' Fees and Costs - If a dispute under this Agreement needs to be adjudicated in a court of law, then the prevailing party to the litigation shall be entitled to recover all costs incurred as a result of the litigation, including reasonable attorneys' fees, from the party who suffers the adverse judgment. ↑ Back to Top ↑