Last modified: July 9, 2020
I. General Information
These Terms govern Getunity Inc. ("Phil Ropy") relationship with you when you use the https://philropy.com (“Website”) provided by Phil Ropy. By using or accessing the Website you agree to these Terms.
These Terms apply to you if you are a user of the Website (collectively, "users" or "you"), if you choose to not accept these Terms, it means you can't use the Website.
Rules for Purchases
For all purchases made through Phil Ropy, all Users agree that: (i) they will not use an invalid or unauthorized credit or debit card or other payment method; (ii) they are solely responsible for selecting the correct a card for purchasing; (iii) purchases amounts and Processing Fees will be charged to the credit or debit card or other payment methods you use through Payment Processor.
Phil Ropy provides their customers with a different payment methods to purchase digital philanthropy cards, included ApplePay, GooglePay, Venmo and PayPal (collectively, "Payment Processor").
The Payment Processor transaction fee is a base rate of 2.9% plus $0.30 per transaction and is included in the card's purchase price.
Chargebacks and Refunds
All purchases are final and may not be refunded.
III. Ownership and Information of the Website
Intellectual Property Rights
The Website is expressly owned and operated by Phil Ropy, unless otherwise noted, the design and content features on the Website, including without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, URLs, and the like, as well as the selection, assembly and arrangement there of (collectively, the "Website Information"), are owned by Phil Ropy or its affiliates, if any, or are licensed by Phil Ropy from third parties.
The Website, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.
Unless otherwise provided through any other applicable Terms to which you agree, no portion of the Website or Website Information may be reprinted, republished, modified, or distributed in any form without Phil Ropy's express written permission. You may not, and these Terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Website or any of the Website Information.
Certain Website Information may be licensed from third parties and all such third party Website Information and all intellectual property and proprietary rights related to such third party Website Information belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Website, or the Website Information and you must retain all copyright, trademark, service mark and other proprietary notices contained on the Website or in the original Website Information on any authorized copy you make of the Website or the Website Information.
We may use information and context on our Website that was created or used by other(s) similar situated websites or services, which are not copyrighted and freely available on the worldwide web, and/or various agencies of the US government.
This is done to standardize legal compliance with governmental regulations and promulgate best web practices. We provide specific credence, appreciation, and acknowledgment to the creators of the most specific disclaimers used in our Website.
You agree not to sell or modify the Website or the Website Information or reproduce, display, publicly perform, distribute, or otherwise use the Website Information in any way for any public or commercial purpose in any other manner that is likely to cause confusion among consumers, that disparages or discredits Phil Ropy or our licensors, that dilutes the strength of Phil Ropy's property or our licensor's property, or that otherwise infringes on Phil Ropy's or our licensor's intellectual property rights. You further agree to in no other way misuse the Website or the Website Information We reserve any rights not expressly granted by these Terms or any applicable end-user license agreements.
Use of Website: Website and Website Information is provided on the "As Is" bases
The Website and the Website Information are provided "as is" with all faults. Your use of the Website and the Website Information is at your own risk. The Website or Website Information may contain errors or omission or may be out of date. The Website or Website Information may, without prior notice, change, be deleted or updated at any time.
You understand that Phil Ropy cannot and does not guarantee or warrant that files, if any, available for downloading from the Website will be free of infection or viruses or any other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information (collectively, "Hazards").
The Website is not intended for or directed to users under the age of 13. To Sign Up for the Website, you must be 13 years of age or older. If you are under the age of 13, you only may use Website with permission from your parents or guardians. Phil Ropy does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not send any information about themselves to Phil Ropy If a child under 13 submits information through any part of the Website, and Phil Ropy becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.
You agree to indemnify, defend and hold, Phil Ropy and its affiliates, if any, officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorney's fees) resulting from (A) your use, misuse or abuse of the Website or the Website Information or (B) your breach of any provision of these Terms. You will cooperate as fully as reasonably required in Phil Ropy's defense of any claim. Phil Ropy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without Phil Ropy's written consent.
Disclaimer of Warranty and Limitation of Liability
YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE WEBSITE ARE PROVIDED "AS IS," AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, PHIL ROPY, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. PHIL ROPY, ITS AFFILIATES, AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE INFORMATION OR THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF WEBSITE OR WEBSITE INFORMATION. PHIL ROPY, ITS AFFILIATES AND ITS SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS, THE PROVISION OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY PRODUCTS, MERCHANDISE AND/OR SERVICES ORDERED THROUGH SITE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF OR RELIANCE ON THE WEBSITE, THE WEBSITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE PHIL ROPY, ITS AFFILIATES, AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, "CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR THE WEBSITE INFORMATION.
Security of the Website
Phil Ropy maintains reasonable safeguards and personnel policies that are designed to guard the Website and users information.
In the event of a breach of the confidentiality or security of your personal information, Phil Ropy will notify you as necessary so you can take appropriate protective steps. We will notify you under such circumstances using the email address you provided to us when you signed up for the Website.
When you use the Website or send emails to Phil Ropy, you are communicating with us electronically. You consent to receive communications from Phil Ropy electronically. Phil Ropy may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that Phil Ropy provides to you electronically satisfy any legal requirement that such communications be in writing.
Jurisdiction and Governing Law
We make no representations that the Website, Website Information available or legal in any particular location. Those who choose to access the Website, Website Information and products offered through Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that these Terms, for all purposes, shall be governed and construed in accordance with the laws of the State of Delaware and any action based on or alleging a breach of these Terms must be brought in a state or federal court located in Delaware, and both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
The Website is for Use in the United States
The Website is hosted in the United States and is intended for users located in the United States. If you are a non-U.S. user of Website, by using the Website you agree to comply with all federal and state U.S. laws governing the Website. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
Conflict with Other Agreements
These Terms are in addition to and do not nullify, any other agreement between you and Phil Ropy or any other applicable terms and conditions found on the Website. In the case of any direct conflict between these Terms and any other agreement between you and Phil Ropy, the provisions of such other agreement shall control but only to the extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Website. Notwithstanding the above, when you use Payment Processor in order to make a donation, your use of that service is governed by their terms.
Digital Millennium Copyright Act; Copyright Complaints
Phil Ropy respects the intellectual property rights of others and requires those that use our Website. Phil Ropy may, in appropriate circumstances and at our discretion, remove or disable access to material through the Website that infringes upon the copyright rights of others. Phil Ropy also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity.
If you believe that your work has been used on the Website in any manner that constitutes copyright infringement, please notify Phil Ropy's copyright agent by written notice. The notice should include the following information:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
- A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
- Identification of the location on the Website of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
- Your full name, phone number, and email address;
- A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
- A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.
Policy Regarding Use of Phil Ropy Trademarks
The trademarks, logos, and service marks (collectively, the "Marks") displayed on the Website have registered trademarks of their respective owners, are the property of their respective owners, and/or are protected by the U.S. and international trademark laws and/or common law. Phil Ropy's trademarks may not be used for personal financial gain. Use of the Marks is prohibited without Phil Ropy's express written consent except as permitted by applicable laws. Nothing contained in the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without Phil Ropy's expressed written consent.
Modification of the Terms
In Phil Ropy's sole discretion, we may unilaterally amend or modify these Terms or any other documents referenced herein at any time by posting on the Website. The date of the most recent revision will appear at the bottom of this page. If Phil Ropy has a working email contact for you and the changes to the Terms are material, Phil Ropy may notify you of such changes by sending you an email to the address you have provided to us. Phil Ropy encourages you to review these Terms periodically for any updates or changes. Any amended or modified terms will be effective upon posting, at the time set forth in an email notice to you or as otherwise decided in Phil Ropy's sole discretion and as posted to the Website. Continued use of the Website constitutes acceptance of any modified terms and conditions. Phil Ropy also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Website, which may be posted in the relevant parts of the Website, and will be identified clearly and conspicuously. For example, Phil Ropy may post additional rules to participate in an additional service "Promotion". Your continued use of the Website constitutes your agreement to comply with these additional rules.
- In the event that one or more portions of these Terms shall, for any reason, be held to be unenforceable, the remaining portion will remain in full force and effect.
- The headings used throughout these Terms are solely for the convenience of reference and are not to be used as an aid in the interpretation of these Terms.
- If Phil Ropy fails to enforce any parts of these Terms, it will not be considered a waiver.
- These Terms make up the entire agreement between you and Phil Ropy regarding the Website and supersede any prior agreements.
- These Terms do not confer any third party beneficiary rights.
- You will not transfer any of your rights or responsibilities under these Terms to anyone without Phil Ropy's express written permission.
- Phil Ropy may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in these Terms shall prevent Phil Ropy from complying with the law.