Privacy & Terms of Service

Effective Date: April 12, 2019

The Percent Pledge Foundation and Percent Pledge Labs, LLC (together, “Percent Pledge” “we” or “us”) cares about your privacy and the security of your information. This Privacy Policy describes how we collect and otherwise process your Personal Data (as defined below) in connection with:

  • Your use of and contact through the Percent Pledge website (, the “Site”);
  • Your use of Percent Pledge to process and review your charitable donations;
  • Your attendance at Percent Pledge events, seminars and other meetings; and
  • Other scenarios where we present or link to this Privacy Policy.

If you are located in a European Union Member State, Percent Pledge is the data controller of the Personal Data we collect under this Privacy Policy.

Personal Data We Process

“Personal Data” refers to any information that relates to you directly or indirectly. We process the following categories of Personal Data:

  • Contact information, such as your name, address, email address, phone number, and business contact information;
  • Technical information, such as data collected about your interaction with our websites;
  • Financial information, such as payment card and related information (through third parties who collect and process your financial information on our behalf);
  • Identification or background information, including your stated income, employer and employment information, and charity preferences, and
  • Any other information that you provide that can be used to identify you.

We collect your Personal Data from:

  • Direct interactions, such as when you register for an account, make a donation, sign up for a newsletter, register for an event, participate in surveys or questionnaires, submit your story via the Percent Pledge website, or in any way engage with our personnel;
  • Cookies and automated technologies, such as when you interact with our Site or click on links on our emails;
  • Third parties, when the circumstances arise, such as when we gather information from financial institutions, our nonprofit partners, or your employer; and
  • Through social media, such as if you link to social media platforms or use social media plug-ins, we may (depending on your user privacy settings on that social media platform) automatically receive information about you from that social media platform.

In addition to Personal Data, we may collect other information that alone cannot be generally used to identify you. For example, we may collect your browser type, device type, and operating system information. If any of this information can be used to identify you because, for example, we link it to your Personal Data, we will treat such information as Personal Data.

How We Use Your Personal Data

We use the Personal Data we collect for a number of purposes, including to:

  • Register and administer your account;
  • Help you calculate a percentage of your salary to donate to the causes you care about the most (“Cause Portfolios”);
  • Process your donations and re-grant them to the charities in our Cause Portfolios;
  • Provide you with information, feedback, and other promotional communications about Percent Pledge and the charities in your Cause Portfolios so that you can see your impact firsthand;
  • Where you have opted in, share your story on the Percent Pledge website;
  • Track your giving and provide you with a report when it is time to file your taxes;
  • Provide you with information on how others are using donating with Percent Pledge, such as testimonials from users about why they made a pledge and aggregated statistics about people whom you refer to Percent Pledge;
  • Personalize the look and feel of our Site and our communications with you;
  • Aggregate your information with other users to allow the charities in our Cause Portfolios to track their donations (in an anonymous form), understand the demographics of their donor base, and assess the effectiveness of their content;
  • Allow employers to review, in aggregate, their employees’ participation and donations;
  • Provide important service update or administrative emails regarding Percent Pledge, our Site, and our related services; and
  • Improving the services we offer by, for example, asking that you complete one of our surveys.

With your permission, we may use your Personal Data to create testimonials and give you special acknowledgements about your donations. These special acknowledgements may be published on our website or featured in a newsletter.

How We Share Your Personal Data

We will share your Personal Data within Percent Pledge as disclosed to you at the time of collection and in the following circumstances:

  • At Your Direction: We will share your Personal Data with any third party with whom you direct us to share it. For example, if you ask us to send information about your giving efforts to your friends and family, we will share your Personal Data with them.
  • Service Providers: We may provide your Personal Data to our services providers that help us run and manage our organization and process Personal Data solely on our behalf. The categories of service providers include: technology service providers, analytics services providers, marketing service providers, and credit card processors.
  • Corporate Transaction: In the event Percent Pledge is involved in a merger, reorganization, acquisition or sale of all or a portion of its assets, or other corporate transaction, we may disclose your Personal Data as part of that transaction.
  • As Required By Law: We may disclose your Personal Data if we determine that the disclosure is necessary: (i) to comply with any law applicable to us, a request from law enforcement, a regulatory agency, or other legal process; (ii) to protect the legitimate rights, privacy, property, interests or safety of Percent Pledge, our business partners, personnel, or the general public; (iv) to pursue available remedies or limit damages; (v) to enforce our Terms of Use; or (vi) to respond to an emergency.

Note to International Users

Percent Pledge is committed to complying with this Privacy Policy and the data protection laws, including those outside of the United States, that apply to our collection and use of your Personal Data. Percent Pledge is located in the United States, and we recognize that the laws in the United States may be different and, in some cases, less protective as the laws other countries, including the European Economic Area (“EEA”). By providing us with your Personal Data or by using our Site, you acknowledge that your Personal Data will be transferred to and processed in the United States.

If you are located in the EEA, we have identified the following legal basis for the processing of Personal Data that we collect under this Privacy Policy:

  • Where use of your Personal Data is necessary to perform our obligations under a contract with you (for example, to process your donations or comply with any terms you have agreed to as part of your registration with Percent Pledge);
  • Where use of your Personal Data is necessary for our legitimate interests or the legitimate interests of others (for example, to improve our services; provide security for our website and applications; make and receive payments; comply with legal requirements and defend our legal rights; and to prevent fraud);
  • Where we are required to process Personal Data in accordance with a legal obligation;
  • Where processing Personal Data is necessary for the performance of a task carried out in the public interest; or
  • Where we have your consent, in accordance with applicable law.

If you would like to know more about how we process your Personal Data, you can contact us using the information in the section “Contact Us” at the end of this Privacy Policy.

Use of our Site / Data Collection Technologies

Cookies and Other Data Collection Technology: We use Cookies, Web Beacons (also known as pixel tags and clear GIFs) and other similar technology (together, “Data Collection Technology” on our Site. A “Cookie” is a small text file that is sent to or accessed from your web browser or your computer’s hard drive. A Cookie typically contains the name of the domain (internet location) from which the Cookie originated, the “lifetime” of the Cookie (when it expires), and a randomly generated unique number or other similar identifier. A Cookie may also contain information about your computer, such as user settings, browsing history and activities conducted while using our online services. A “Web Beacon” (also called a “pixel tag” or “clear GIF”) is a piece of computer code that enables us to monitor user activity and website traffic. To learn more about cookies and web beacons, visit www.allaboutcookies.org.

Data Collection Technology helps us improve your experience on our online services. For example, we use Google Analytics, a web-based analytics tool that tracks and reports on the manner in which the website is used to help us to improve it. Google Analytics does this by placing Cookies on your device. The information that the Cookies collect, such as the number of visitors to the website, the pages visited and the length of time spent on the website, is aggregated. For more information about Google’s ability to use and share information collected by Google Analytics about your visits to the Site, please see the Google Analytics Terms of Service and the Google Privacy Policy. We also may use Data Collection Technology to collect information from the computer or device that you use to access our online services, such as your operating system type, browser type, domain and other system settings, as well as the language your system uses and the country and time zone in which your computer or device is located.

Your Control of Cookies: Some web browsers (including some mobile web browsers) provide settings that allow you to control or reject Cookies or alert you when a Cookie is placed on your device. You may also be able to reject mobile device identifiers by activating the appropriate setting on your mobile device. Although you are not required to accept Cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through our online services.

Our Policy on Do Not Track Signals: Some web browsers incorporate a “Do Not Track” (“DNT”) or similar feature that signals to websites that a user does not want to have his or her online activity and behavior tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information about the browser’s user. We follow the DNT signals we receive from your browsers.

Third Party Website and Services

When interacting with us, you may come across links or references to third party websites and services that we do not operate or control. If you provide your Personal Data to that third party through its websites or services, you will be subject to that third party’s privacy practices and policies. This Privacy Policy does not apply to any Personal Data that you provide to a third party website or service. We recommend that you read the privacy policy that applies to that third party website or service. A link or reference to a third party website or service does not mean that we endorse that third party or the quality or accuracy of the information presented on its website or service.

Security

We have implemented appropriate technical and organizational measures designed to protect your Personal Data from unauthorized access, use, disclosure, alteration or destruction, in accordance with applicable laws and regulations. For example, we limit our collection and use of your Personal Data to the extent reasonably necessary to provide you with our services. However, no Internet or email transmission is ever 100% secure, and we encourage you to take reasonable precautions to safeguard your Personal Data by, for example, maintaining the confidentiality of your account username and password. If you would like to know more about how we protect your Personal Data, you can contact us using the information in the section “Contact Us” at the end of this Privacy Statement.

Retention of Personal Data

We will keep your Personal Data for as long as necessary to fulfill the purposes for which we collected it, including any legal, accounting or reporting requirements. To determine the appropriate retention period, we consider the amount, nature, and sensitivity of Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data, whether we can achieve those purposes through other means, and all applicable legal requirements.

Children's Privacy

Our services are not directed to or intended for use by minors. Consistent with the requirements of applicable laws and regulations, if we learn that we have received Personal Data directly from a child without his or her parent or legal guardian’s verified consent, we will use that Personal Data only to respond directly to that child (or his or her parent or legal guardian) to inform the child that he or she cannot use our services. Subsequently, we will delete such Personal Data.

Marketing

If you do not wish to receive marketing-related emails from us, please click the unsubscribe link at the bottom of any marketing email, or email us using the information in the section “Contact Us.” Please note that even if we stop all marketing communications, you may still receive administrative, legal, and other important communications from us.

Financial Information

We use Plaid Technologies, Inc. (“Plaid”) to help us gather financial information from your financial institutions. By donating with us, you grant us and Plaid the right, power, and authority to act on your behalf to access and transmit your Personal Data (including your financial information) from the relevant financial institution. You agree to your Personal Data (including your and financial information) being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy.

Your Rights

You may request to access or correct the Personal Data we maintain about you, and we will respond to your inquiry within a reasonable timeframe. If you wish to exercise these rights (including those described below for individuals in the EEA, as applicable), please contact us using the information in the “Contact Us” section at the end of this Privacy Policy. We may charge you a reasonable fee if you request additional copies of your Personal Data or make other requests that are manifestly unfounded or excessive. Further, we may not be able to honor your requests in certain circumstances. If we are unable to honor your request, or before we charge a fee, we will let you know why.

Please note that if you decide to exercise some of your rights, we may be unable to provide you certain services, or you may not be able to use or take full advantage of the services we offer.

Additional Rights for Individuals in the EEA: If you are located in the EEA and we maintain your Personal Data, you have the following additional rights (under the EU General Data Protection Regulation) with regard to your Personal Data:

  • Right to access and receive: You may request a copy of or access to the Personal Data we hold about you. You may also request that we transfer your Personal Data to a third party in a machine-readable format.
  • Right to correct: You may ask us to update or correct inaccurate or incomplete Personal Data we hold about you.
  • Right to limit or restrict: You may have the right to request that we stop using all or some of your Personal Data or to limit our use of it.
  • Right to erase: You may have the right to request that we delete all or some of your Personal Data.
  • Right to withdraw consent: You have the right to withdraw any consent you have previously given to Percent Pledge at any time. Your withdrawal of consent does not affect the lawfulness of our collecting, using, and sharing of your Personal Data prior to the withdrawal of your consent. Even if you withdraw your consent, we have the right to use your Personal Data if it has been fully anonymized and cannot be used to personally identify you.
  • Right to complain: You have the right to lodge a complaint with your Supervisory Authority if you are unhappy with how we process your Personal Data. You can find contact information for your Supervisory Authority on the European Commission Data Protection Authorities webpage or through other publicly available sources.

Special Notice to California Residents

California Civil Code Section 1798.83 permits individual California residents to request certain information regarding our disclosure of certain categories of Personal Data to third parties for those third parties’ direct marketing purposes. To make such a request, please contact us using the information in the “Contact Us” section below. This request may be made no more than once per calendar year, and we reserve our right not to respond to requests submitted other than to the email or mailing addresses specified below. Note that we do not currently share Personal Data with third parties for those third parties’ direct marketing purposes.

Changes to this Privacy Policy

The Effective Date of this Privacy Policy is set forth at the top of this page. If we materially change the way we collect, use or disclose your Personal Data we will notify you in advance by email and/or by placing a prominent notice on this website. The amended Privacy Policy supersedes all previous versions.

Contact Us

We welcome your questions and comments about this Privacy Policy or how we process your Personal Data. Please contact us using the information below and we will respond to you as soon as reasonably possible.

Percent Pledge Foundation
5757 W. Century Blvd., Suite 410
Los Angeles, CA 90045
310-649-5222
contact@percentpledge.org

Effective Date: November 14, 2017

The Percent Pledge Foundation and Percent Pledge Labs, LLC (together, “Percent Pledge” “we” or “us”) operates and maintains the Percent Pledge website (www.percentpledge.org, the “Site”) to help you donate a percentage of your monthly budget to the causes you care about. These Terms of Use (“Terms”) govern your use of the Site and describe the terms and conditions on which Percent Pledge provides you with access to and use of the Site. Importantly, these Terms provide the following:

  • Donations you make through Percent Pledge will be distributed among certain charitable causes selected by you. We collect a 5% service charge on each donation you make, as described below. Because we promptly distribute your donations, we regret that we can only refund a donation in exceptional circumstance, as described below.
  • Your privacy is important to us, and our Privacy Policy describes how we protect it.
  • Limit our liability to you and require you to resolve any dispute with us through final and binding arbitration – on an individual basis and not part of any class or representative action.

Please read the entirety of these Terms carefully because they constitute a legal agreement between Percent Pledge and you. By accessing and using the Site, you agree that: (1) You have read and understand these Terms; (2) You will comply with these Terms; and (3) You are at least the age of legal majority in your place of residence and otherwise legally competent to enter into contracts. If you do not wish to be bound by these Terms, do not continue to use or access the Site.

About our Cause Portfolios

The Site allows you to make donations to one or more portfolios that are composed of charities that support the causes you care about the most (“Cause Portfolios”). Every charity within the Cause Portfolios featured by Percent Pledge authorizes us to collect donations on its behalf. The Cause Portfolios are listed on the Site at our discretion, and the exact charities within the Cause Portfolios may change from time to time. We do not accept responsibility for any activities of the charities that make up the Cause Portfolios.

Your Donations

When you make a donation through the Site, you are making a complete and final charitable donation to the Percent Pledge Foundation, a U.S. 501(c)(3) tax-exempt charity with its principal place of business at 5757 W. Century Blvd., Suite 410, Los Angeles, CA 90045. You will receive a donation receipt from Percent Pledge for your contributions. Percent Pledge then makes contributions to the U.S. 501(c)(3) tax-exempt public charities that are listed in our Cause Portfolios. Percent Pledge tries, but cannot guarantee, that your funds will be re-granted to the charities specified in each Cause Portfolio. Subject to the requirements of applicable local laws, once your donation is made, it may only be refunded to you with Percent Pledge’s prior written consent.

To comply with federal tax laws and regulations, Percent Pledge is required to retain legal control over any charitable donation is receives. In rare instances, Percent Pledge may determine that it would be inappropriate or improper to disburse the funds designated for a charity listed in our Cause Portfolios because, for example, it is no longer recognized as a public charity or is no longer in good standing with state or federal regulations. In these circumstances, Percent Pledge may, in its sole discretion, disburse the donation to another charity within our Cause Portfolios (as determined by Percent Pledge). Percent Pledge does not warrant that your donations will be used by the charities for any particular purposes and shall not be responsible for any dissatisfaction you may have regarding the use of your donation.

When you make a donation, the transaction is final and not disputable unless you prove unauthorized use of your payment card or other payment method. If you become aware of fraudulent use of your information, or if your information is lost or stolen, you must notify your card or other provider in accordance with its reporting rules.

Service Fees

Percent Pledge retains a 5% service fee from every donation made on the Site. This small service fee is used to pay fees Percent Pledge incurs, such as to process payments. Based on the donation method you choose, this payment processing fee may range from 1.5% to 3.5%. The remaining amount of the service fee serves to maintain our platform and pay all expenses associated with offering the Site to you. 95% of every donation is re-granted directly to the charities in our Cause Portfolios.

No Solicitation or Endorsement

The listing or display of a charity on the Site does not constitute a solicitation of donations. Percent Pledge does not engage in any solicitation activities directly on behalf of any of the charities in our Cause Portfolios, nor does it consult on the solicitation of contributions on behalf of any individual, entity, or organization. Unless otherwise specifically indicated, Percent Pledge does not endorse and has no affiliation with any of the charities in our Cause Portfolios, other than a contractual relationship to re-grant to them a percentage of the donations we receive. Percent Pledge has not independently verified any of the information or content provided by the charities in our Portfolio.

Protecting your Account

When you register with Percent Pledge, please choose a password that is complex and designed to prevent other from gaining access to your account. You are responsible for maintaining the confidentiality of your password and for the activity on your account. If you become aware of any unauthorized use of or access to your account, we recommend that you change your password immediately and call us at the number listed in the Contact Us section below.

Personalized Referral Link

When you register on the Site, you will receive a unique referral link that you may send to people in your network. If people in your network register with Percent Pledge using your referral link, we may provide you with aggregated and non-personally identifiable statistics about your network’s participation in Percent Pledge.

Privacy

Percent Pledge’s Privacy Policy forms part of these Terms. By agreeing to these Terms, you also agree that we may use the information you submit through the Site in accordance with our Privacy Policy.

Electronic Notice

You agree that we may send you notice via email to the email address you have provided, and we are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. You also agree that we may send you notice through the Site.

Intellectual Property

The Site and all text, visual, graphical, photographic, audio, audiovisual, and other materials displayed, exhibited, published, or otherwise made available on the Site (collectively, “Site Content”) are the property of Percent Pledge or our licensors and protected by U.S. and international copyright and other intellectual property laws. Subject to your compliance with these Terms of Use and applicable laws, we hereby grant you a revocable, conditional and limited license to access and use the Site and Site Content for your own informational, educational, and noncommercial use only. This license is personal to you and is not transferable to others, and may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any unauthorized use, copying, reproduction or distribution of the Site Content is strictly prohibited and may result in civil and/or criminal liabilities. Percent Pledge reserves all rights not expressly granted herein.

All trademarks, trade names, and logos appearing on the Site (the “Percent Pledge Trademarks”) are owned by us or licensed by us. You may not use or display any Percent Pledge Trademarks in any manner without our prior written permission. We reserve all rights.

If you choose to provide us with any comments, suggestions, ideas, or other feedback, you agree that we have an unrestricted right to use it, and you are not entitled to receive any compensation.

Use of the Site

You must be at least 18 years of age to use the Site. If you are under 18, you must have your parent or guardian’s permission to use the Site. You must, at all times, use the Site in a responsible and legal manner for your own personal, non-commercial use. Any unlawful, abusive, or unauthorized use of the Site or any content is strictly prohibited. You may not:

  • use the Site or any Site Content in violation of these Terms or any applicable law;
  • make, display, perform, publish or distribute copies or derivative works of the Site or any Site Content, unless expressly authorized in writing by Percent Pledge or by applicable law;
  • remove, conceal, alter, or otherwise tamper with any copyright, author/source attribution, trademark, or other legal notices that appear on the Site or are included or embedded in any Site Content;
  • interfere in any way with the operation of the Site or any server, network or system associated with the Site, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the Site or any server, network or system associated with the Site; breaching or circumventing firewall, encryption, security or authentication routines; or accessing data or information not intended for you;
  • use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access the Site or any server, network or system associated with the Site, or to extract, collect, harvest or gather content from the Site; or
  • frame or otherwise create a browser or border environment around any page or content of the Site.

In the event that you breach these Terms, including any of the above rules, Percent Pledge reserves the right, at its sole discretion, to immediately and without notice cancel your account, suspend or permanently deny your access to all or part of the Site.

Percent Pledge will make every effort to ensure that the Site are available continuously, but reserve the right to modify, suspend, or discontinue all or any part, at any time, without notice. Unless specifically exempted, any new features, services, or software applications introduced shall be subject to these Terms.

Links to Third-Party Websites

The Site may contain links to third-party websites which are not owned, controlled, or operated by, or affiliated with, Percent Pledge. Accordingly, we do not assume responsibility for any linked third-party websites or for their content, products, services, views, opinions, policies or activities. The inclusion of any link or reference to such third-party sites does not constitute or imply Percent Pledge’s endorsement, sponsorship or approval of such third-party sites or their content, products, services, views, opinions, policies or activities.

Disclaimer of Warranties

The Site and all Site Content are provided “as is” and “as available” and without warranties of any kind, express or implied. Without limiting the generality of the foregoing, Percent Pledge does not warrant that: (i) the Site and Site Content will be error-free, accurate or up to date, or will be useful or informative, or will be uninterrupted, or will be available at any particular time or location; (ii) any defect or error on the Site or any Site Content will be corrected; or (iii) the Site and all Site Content will be suitable for everyone.

Limitation on Liability and Damages

Your use of the Site is at your own risk. You expressly acknowledge and agree that in no event shall Percent Pledge or any of its officers, employees, agents or representatives be liable to you or any other user, whether under a theory of contract, tort, negligence, strict liability, or any other legal or equitable theory, for any direct, indirect, incidental, exemplary, special, punitive or consequential damages (including, without limitation, loss of use, or loss of data or information of any kind) arising out of or related to the Site or any Site Content, even if they have been advised of the possibility of such damages or losses. You understand agree that Percent Pledge’s maximum aggregate liability for any type of damages hereunder shall be limited to the total sum of the donations you made using the Site in the 12 month period preceding the date the circumstances giving rise to our liability arose.

You further agree that the limitations of liability set forth above will survive any termination or expiration of these terms and will apply even if any limited remedy specified herein is found to have failed of its essential purpose. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

If you are a California resident, you waive your rights with respect to California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Defense and Indemnification

You are responsible for your actions; if we (or any of our employees, directors or agents, or other users of the Site) are sued or if any claim or action is made or brought against us (or any of our employees, directors or agents, or other users of the Site) related to anything you do or omit to do (including your (i) use or misuse of the Site, (ii) your violation of these Terms, (iii) your violation of the rights of any other person or entity or (iv) your violation of any applicable law), you will pay any damages, losses, liabilities, expenses, settlement amounts or costs (including attorney’s fees) that we (and/or they) incur as a result of the suit or claim, and, if we request it, you will defend us (and/or them) against the suit or claim.

Governing Law

These Terms and any dispute arising out or of in connection with you use of the Site are governed by, and shall be construed in accordance with, the laws of the State of Illinois, without giving effect to any conflicts of laws provisions.

No Class Action

You and Percent Pledge agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual bases. You and Percent Pledge your right to have any dispute heard as a class action or other action in a representative capacity.

Limitation on Time to Bring an Action

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site brought by you must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be forever barred.

Waiver of Jury Trial; Agreement to Arbitrate Claims

By agreeing to these Terms, both you and we are waiving the right to a jury trial on any disputes that may arise.

You agree to arbitrate all disputes between you and us. If a dispute arises between you and us relating to the Site or these Terms, you and we agree that the dispute shall be resolved by final and binding arbitration administered by the American Arbitration Association under its rules for consumer arbitrations (“AAA Rules”). You and we agree to the following rules relating to any arbitration proceeding:

  • You and Percent Pledge waive any right to bring such claims before any court of law. Rights that you would have if you went to court, such as access to discovery, may be unavailable or limited in arbitration.
  • The venue for all disputes arising under these Terms shall be in Chicago, Illinois, but you and we may agree to conduct the arbitration by telephone, online and/or solely based on written submissions. You hereby waive any right to claim that such location is an inconvenient forum and covenant not to sue us in any other forum.
  • The arbitrator will have the power to grant whatever relief would be available in court under law or in equity (including attorney’s fees) and any award of the arbitrator will be final and binding on each of the parties. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives.
  • The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.
  • Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  • Barring extraordinary circumstances, the arbitrator will issue a decision within 120 days from the date the arbitrator is appointed, which may be extended 30 days in the interests of justice.
  • All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
  • The award of the arbitrator will be in writing and will not include any statement setting forth the reasons for the disposition of any claim.
  • Either you or we may seek an injunction at any time from any court of competent jurisdiction as necessary to protect the rights or property of you or us pending the completion of arbitration.
  • Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, Percent Pledge will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines that the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Percent Pledge for all fees associated with the arbitration that Percent Pledge paid on your behalf which you otherwise would be obligated to pay under the AAA Rules.

General Legal Terms

These Terms, which include our Privacy Policy, contain the entire understanding by and between Percent Pledge and you with respect to the matters contained herein. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Waivers are effective only if in writing and signed by us. Except as described in the section entitled Changes to these Terms, these Terms may not be amended unless in writing and signed by you and us. If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used. Nothing contained in these Terms will be deemed to constitute Percent Pledge or you as the agent or representative of the other or as joint venturers or partners. These Terms inure to the benefit of and will be binding upon our and your permitted successors and assigns. You must not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. All of our rights and obligations under these Terms are assignable. A printed version of these Terms and of any related notice given in electronic form shall be admissible in arbitral, judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Headings and captions are for convenience only.

Changes to these Terms

We may modify these Terms from time to time. The Effective Date of these Terms is at the top of this page. As we add new features, we may amend or supplement these Terms. If any modifications materially change your rights, we will notify you of these changes either by posting notice on the Site or by emailing you at the email address we have on file. Your continued use of the Site the effective date of any changes constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions of or agreements, notices or statements about the Terms.

Contact Us

If you have any questions or comments about these Terms, please contact us at:

Percent Pledge Foundation
5757 W. Century Blvd., Suite 410
Los Angeles, CA 90045
310-649-5222
contact@percentpledge.org

The Percent Pledge Foundation is a fiscally-sponsored project of The Giving Back Fund.