By viewing the website located at giveops.com (the “Site”), you are agreeing to the terms and conditions as set forth below as well as the Privacy Policy of GiveOps Inc, an Illinois corporation (“Company”, “us”, “our,” “we,” and “GiveOps”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.

These Terms of Use (“Terms”) set forth the legally binding terms and conditions that govern your use of the Site. By accessing or using the Site, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). If you access or use the site on behalf of another person, persons, or legal entity, you represent and warrant that you have full legal authority to represent such person(s) or entity and bind them into GiveOps’ Terms of Use. When representing others, “you,” “your,” and “User” equally and fully apply to you as well as the person(s) or legal entity you represent. BY ACCESSING OR USING THE SITE, YOU ATTEST THAT YOU ARE 18 YEARS OF AGE OR OLDER. YOU UNDERSTAND THAT YOUR USE OF THE SITE CONSTITUES AGREEMENT TO THESE TERMS IN THEIR ENTIRETY. FURTHERMORE, IF YOU ACCESS OR USE THE SITE ON BEHALF OF ANOTHER PERSON, PERSONS, OR LEGAL ENTITY, YOU REPRESENT AND WARRANT YOUR LEGAL AUTHORITY TO BIND SAID PERSON, PERSONS, OR LEGAL ENTITY TO THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE AND ITS RELATED SERVICES.

These terms require the use of arbitration (Section 7) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

1. Accounts:

A. Account Creation

In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the Site. You represent and warrant that: (a) all required registration information you submit is truthful and accurate and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. GiveOps may suspend or terminate your Account in accordance with Section 6.

B. Account Responsibilities and Rights

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify GiveOps by email at support@giveops.com of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. GiveOps cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. Users have the Right to Access, Right to be Forgotten, and the Right of Data Portability.

2. Access to the Site:

A. License

Subject to these Terms, GiveOps grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal use.

B. Certain Restrictions

The rights granted to you in these Terms are subject to all of the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

C. Modification

GiveOps reserves the right to- at any time- modify, suspend, or discontinue the Site- in whole or in part- with or without notice to you. You agree that GiveOps will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

D. No Support or Maintenance

You acknowledge and agree that GiveOps has no obligation to provide you with any support or maintenance in connection with the Site.

E. Ownership

Excluding any User Content as defined below that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by GiveOps or GiveOps’ business partners. Neither these Terms nor your access or use of the Site transfers to you or any third party any rights, titles, or interests in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2A. GiveOps and its business partners reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

3. Disclaimers:

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND GIVEOPS AND GIVEOPS’ BUSINESS PARTNERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. GIVEOPS AND GIVEOPS’ BUSINESS PARTNERS MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

4. Limitation on Liability:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GIVEOPS AND GIVEOPS’ BUSINESS PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF GIVEOPS AND GIVEOPS’ BUSINESS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

5. Term and Termination:

Subject to this Section, these Terms will remain in full force and effect while you use the Site. GiveOps may suspend or terminate your rights to use the Site or your Account at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account. GiveOps will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2B through 2E, sections 3 through 7, section 9, and section 12.

6. Changes:

The date found next to Last Revised On at the top of this page will immediately update upon any changes to these terms. GiveOps reserves the right to change the terms of this Policy at any time and therefore suggests reviewing the Policy upon visiting the Site. Continued use of the Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

7. Dispute Resolution:

Please read this Arbitration Agreement carefully. It is part of your contract with GiveOps, relates to your rights, and contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

A. Applicability of Arbitration Agreement

All claims and disputes, excluding claims for injunctive or other equitable relief as set forth below, in connection with the Terms or the use of any product or service provided by GiveOps that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and GiveOps, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

B. Notice Requirement and Informal Dispute Resolution

Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to GiveOps should be sent to support@giveops.com or mailed to 965 W. Chicago Ave, Chicago, IL 60642. After the Notice is received, you and GiveOps may attempt to resolve the claim or dispute informally. If you and GiveOps do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

C. Arbitration Rules

Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that GiveOps made to you prior to the initiation of arbitration, GiveOps will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and each party shall pay an equal share of the fees and costs of the ADR Provider.

D. Additional Rules for Non-Appearance Based Arbitration

If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

E. Time Limits

If you or GiveOps pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

F. Authority of Arbitrator

If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and GiveOps and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and GiveOps.

G. Waiver of Jury Trial

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and GiveOps in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND GIVEOPS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

H. Waiver of Class or Consolidated Actions

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

I. Confidentiality

All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

J. Severability

If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

K. Right to Waive

Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

L. Survival of Agreement

This Arbitration Agreement will survive the termination of your relationship with GiveOps.

M. Small Claims Court

Notwithstanding the foregoing, either you or GiveOps may bring an individual action in small claims court.

N. Emergency Equitable Relief

Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

O. Claims Not Subject to Arbitration

Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

P. Courts

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Cook County, Illinois, for such purpose

Q. Export

The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from GiveOps, or any products utilizing such data, in violation of the United States export laws or regulations.

8. Electronic Communications:

The communications between you and GiveOps use electronic means, whether you use the Site or send GiveOps emails, or whether GiveOps posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from GiveOps in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that GiveOps provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

9. Entire Terms:

These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without GiveOps’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. GiveOps may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

10. FTC Disclosure:

As required by The Federal Trade Commission, GiveOps must disclose any relationship we have with any person or entity that provides GiveOps with anything of value in exchange for an endorsement by GiveOps on our Site. GiveOps has received no such endorsements or any form of compensation in exchange for sponsorships or advertisements, nor has GiveOps received any form of compensation in exchange for offering an opinion on any topic, product, entity, organization, or service. Any opinions expressed by user-generated content are strictly the opinions of such users.

Players Philanthropy Fund:

GiveOps is an Illinois corporation operating through a fiscal sponsorship with Players Philanthropy Fund (“PPF”), a Maryland charitable trust recognized by IRS as a tax- exempt public charity under Section 501(c)(3) of the Internal Revenue Code (Federal Tax ID: 27-6601178). Contributions to GiveOps are tax-deductible to the fullest extent of the law.

Your donation via GiveOps is managed by PPF: by accessing or using the Site and donating, you are permitting your funds to be accepted by PPF via a Stripe account. You are furthermore permitting PPF to temporarily hold your funds in a bank account solely controlled by PPF until PPF remits your funds to the ultimate 501(c)3 public charity. PPF makes every reasonable effort to respect the wishes of our donors. However, to comply with federal tax laws and regulations, PPF retains the exclusive authority, discretion, and legal control over all donated funds. In the rare event that the charity you have advised does not satisfy PPF’s criteria or otherwise enable PPF to remit the funds to them (e.g. they are not recognized by the IRS as a public charity, or are not in good standing with federal or state regulators, etc.), PPF may select an alternate charity to receive the donation or have the donation allocated to a fund maintained by PPF and used solely for charitable purposes, including, but not limited to, mission-based activities and grants. PPF's distributions to or for the benefit of your advised charity and/or purpose must not be used for the personal benefit of you, or any other donor advisor, or any other purpose conferring impermissible private benefit.

12. Copyright Policy:

GiveOps honors the intellectual property of others and asks that users of our Site do the same. In connection with our Site, GiveOps adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and seek to have the allegedly infringing material removed, the following information- in the form of a written notification- must be provided to our designated agent in the form of written notification in accordance with Digital Millennium Copyright Act (“DMCA”): Your physical or electronic signature; Your address, telephone number, and email address Identification of the copyrighted work(s) that you claim to have been infringed; Identification of the material on our services that you claim is infringing and that you request us to remove; Sufficient information to permit us to locate such material, including the URL as well as any title or similar identifier; A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or under the law; A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. DMCA notifications should be submitted to support@giveops.com .

Contact Information:

Please direct any questions, comments, or concerns related to the Terms of Use to support@giveops.com .