Terms of Service

Democracy Engine, LLC provides online credit card donation services to candidates who receive contributions through GiveGreen.com.  You are here because you want to contribute to one of our candidate clients through GiveGreen.com.  You must agree to these Terms of Use (these “Terms”) in order for us to charge your credit card and forward your donation to your intended recipient(s).

These Terms also include and incorporate by reference any operating rules, policies, price schedules, or other supplemental documents which may be published generally from time to time by us, both prior and subsequent to the effective date of these Terms.

1. Our Services

We provide processing services to candidates and their political committees who receive contributions through GiveGreen.com to facilitate your online payment of lawful Contributions to authorized recipients (“Recipients”) in the United States of America (the “Services”). “Contributions” means contributions of payments to federal and nonfederal political candidates or committees. We have no control or liability for the acts or omissions of the Recipients of your Contributions, or of any other entities or their web sites describing the Services or displaying Contribution pages or other portions of the Services.

2. Your Responsibilities

You represent that you have legal power and capacity to make the Contribution(s) under the laws of the United States or other applicable jurisdiction. You shall provide true, current and complete information about yourself on our online or offline registration forms, including but not limited to your name, contact information and payment information (such as the expiration date of any credit or debit card).  We also may require further information in order to verify your identity and information, such as confirming your email address or ordering a credit report, or to comply with campaign finance disclosure laws.  We reserve the right to verify your information with third parties.  If you fail to provide required information, or we have reasonable grounds to suspect that any such information is not true, current and complete, we may limit, suspend or terminate your ability to make Contributions through our Services.

We may establish or revise from time to time at our discretion general practices and limits (including the Acceptable Use Policy below) concerning your ability to make Contributions through our Services.  Should your use not comply with such practices and limits, we may at our discretion limit, suspend or terminate your ability to make Contributions through our Services, and may contact law enforcement and affected banks, credit and debit card issuers and recipients.

We may at our discretion establish or revise limits on the amount of money you can contribute through our Services (in total, to a particular recipient, for a particular time period, and/or otherwise).  Some of these limitations may be required by law.

Your Contributions also are limited by the available credit on your credit card, or your available account balance on your debit card or bank account, on the date of Contribution.  We also may limit, suspend or terminate your ability to make Contributions through our Services to you if have a credit score from a credit reporting agency that reflects a high risk associated with Contributions that you make through our Services.  You are solely responsible for over limit fees, overdraft fees, finance charges and the like imposed by your bank or card issuer if your Contribution(s) exceed your available credit limit or account balance and for all other charges resulting from the Contribution(s) you make and for which we process payments.

If you select “Electronic Check”, “ACH”, or “Direct Debit” (collectively “EFT”) contributions, you authorize us to deduct your Contribution(s) from the bank account provided using the Automated Clearing House (“ACH”) system.  You hereby certify that you have authority to authorize transfers from the account entered.

The full amount of each Contribution that you make through our Services constitutes a “contribution” to a Recipient that is a political candidate or committee, and it will be reported as such in accordance with applicable law, rules and regulations.  Your Contribution(s) to the Recipient(s) are not tax-deductible.

All Contributions that you make via our Services must be made in U.S. Dollars.

Refunds are issued on request prior to transfer to intended recipient and may be issued at our discretion for up to 60 days after your Contribution.

In the event that our anti-fraud systems detect behavior which suggests fraudulent use of stolen cards (including “card testing”), we will refund those Contributions without receiving a request from you or the intended recipient.

Recipients are not required to accept your Contributions through the Services.  You agree that we have no liability to you resulting from any Recipient’s non-acceptance or refund of any Contribution.  While Democracy Engine makes reasonable efforts to ensure that all Contributions are deposited by their intended Recipients, in the event that a recipient (a) fails for 90 days to cash a check from Democracy Engine which includes your contribution, (b) fails for 90 days to provide updated account information for ACH deposits for rejected direct deposits, or (c) affirmatively refuses a Contribution processed by Democracy Engine, your contribution will be re-designated as a contribution to Democracy Engine.

You are responsible for all fees, interest, penalties or the like in connection with the Contributions you make and that we process through the Services.  Contributions may be refunded, voided or adjusted due to, among other things: (a) voiding or adjustment by your bank or card issuer; (b) correction of manifest error; (c) claims made by us or others against you; and/or (d) any actual or proposed Contribution in violation of these Terms or applicable law.  For payments by EFT, if your payment is returned unpaid, you authorize us to make a one-time ACH transfer from your account to collect a fee of $25.00.

You understand that, in the course of making Contributions that we process or as a result of doing so, you may be exposed to content that is inaccurate, offensive or objectionable.  The Services, or content or third parties included on the Services, may provide links to other Internet sites or resources. Because we have no control over such content, sites or resources, you acknowledge and agree that we do not endorse and are not responsible or liable for anything on or available via such content, sites or resources.  You may communicate directly with persons or entities mentioned on the Services, and you agree that we have no liability or responsibility for such communications.

3. Acceptable Use Policy

In connection with any Contributions you make that we process, you agree not to, directly or indirectly:  (i) contribute through our Services in any way that would breach these Terms or would be abusive, harassing, tortious, or otherwise could result in civil or criminal liability or in excessive non-acceptance or refunds of Contributions; (ii) violate any applicable law, rule or regulation, including election, campaign finance, and/or tax law, rules or regulations, and/or debit/credit card system or association rules; (iii) send or receive funds obtained by or connected with fraud; (iii) contribute through our Services in connection with unsolicited or unauthorized email or other unethical or illegal methods; (iv) provide false or misleading information or impersonate any person or entity, including, but not limited to, any representative of us or any Recipient, or misrepresent your affiliation with any person or entity; (v) refuse to reasonably cooperate in any investigation related to Contributions you make your attempt to make through our Services; (vi) intercept, monitor, interfere with or disrupt any Services or the servers, networks or communications systems connected to them or any security functionality of us or any third party; (vii) use or introduce any spyware, adware, viruses, trojan horses, worms or similar invasive, destructive or self-replicating code in connection with the Services; or (viii) use any automated system, such as “robots” or “spiders,” to access our systems or Services significantly faster than a human or to monitor activity on such systems or Services.  We shall be the sole arbiter as to what activities violate the foregoing.

4. Privacy Policy

Any time that you make Contributions through our Services, you are also subject to our Privacy Policy and other applicable policies, each as established by us from time to time, available at https://democracyengine.com/privacy-policy/, which are incorporated herein by reference.  We shall disclose to Recipients and, if required, governmental bodies such information about you as a contributor as must be disclosed by law or as may be necessary in order for Recipients to comply with applicable laws.  In many cases, such governmental bodies are required to make your information public.

5. Fees We Charge If Your Contributions Are Not Accepted By Our Merchant Processors

If you make payment by credit or debit card, and our merchant processor(s) refuses to accept or revokes acceptance of your Contributions or other payments, you agree to pay all amounts due upon demand by us.  In such event, if any amounts due to us are not paid when due, such amounts shall be subject to a late fee of 1.5% per month or the maximum amount allowed by law on such late amounts, whichever is less, and you also will reimburse us for the reasonable costs of collection, including without limitation reasonable attorneys fees and expenses.  Each time you make a Contribution through GiveGreen.com, you agree and reaffirm that we are authorized to charge your designated card. Your card issuer’s agreement governs your use of your designated card to make Contributions, and you must refer to such agreement with respect to your rights and liabilities as a cardholder.  You agree that we may (at our option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that we may delay obtaining authorization from your card issuer until submission of the accumulated charge(s).

If you have any question regarding any charges that have been made in connection with your Contributions, you must contact our service department within 30 days of the charge date.

6. Suspension or Termination of Your Ability to Make Contributions

We reserve the right to suspend or terminate your ability to make Contributions (e.g., by not processing pending Contributions) and/or these Terms without notice at any time and with or without cause.  Without limiting the foregoing, we may suspend or terminate your ability to make Contributions through our Services and/or these  Terms upon any of the following: card expiration, insufficient funds, rejection of any Contribution, payment or card charges, violation of our Acceptable Use Policy or other policies, if your accounts are frozen, if a legal order directs us to suspend or terminate processing Contributions by you or otherwise limits or prohibits Contributions by you, or if your financial institution (or its agent or affiliate) seeks return of amounts previously paid to us when we believe you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to us.

7. Modifications to These Terms

We may amend these Terms at any time by (a) posting revised Terms of Service accessible via GiveGreen.com, and/or (b) sending information regarding the amendment to your email address of record with us. You are responsible for regularly reviewing such web sites to obtain timely notice of such amendments.  You shall be deemed to have accepted such amendments by continuing to make Contributions after such amendments have been posted or information regarding such amendments has been sent to you.

We reserve the right at any time and from time to time to modify or discontinue all or any portion of any Services without notice to you. We shall not be liable to you or any third party should we exercise such rights.  We may specify from time to time the version(s) of related products required in order to make Contributions through our Services (e.g. browsers and hardware).

8. Disclaimer of Warranties and Limitation of Liability

A. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NEITHER WE NOR ANY OF THE OWNERS OF SITES THAT LINK TO OR DISPLAY CONTRIBUTION FORMS OR PAGES PROVIDED BY US (“SPONSORS”) NOR OUR SUPPLIERS OR AGENTS MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE SAME. WE AND OUR SPONSORS, SUPPLIERS AND AGENTS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, OR SECURITY, AND DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.

B. NEITHER WE NOR ANY OF OUR SPONSORS, SUPPLIERS OR AGENTS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR LOST REVENUES, PROFITS OR SAVINGS) ARISING OUT OF CONTRIBUTIONS THAT YOU MAKE THROUGH THE SERVICES OR THROUGH YOUR USE OF OR INABILITY TO USE THE SERVICES, AND YOU HEREBY RELEASE AND WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF WE OR ANY SUCH SPONSOR, SUPPLIER OR AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. AS TO SUCH MATTERS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS 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 FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” RESIDENTS OF OTHER STATES SIMILARLY WAIVE THEIR RIGHTS UNDER COMPARABLE STATE LAW. THE ENTIRE LIABILITY OF US AND OUR SPONSORS, SUPPLIERS AND AGENTS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE CONTRIBUTIONS YOU MAKE THROUGH THE SERVICES AND THE USE OF THE SERVICES OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO U.S.$50.00. YOU HEREBY RELEASE US AND EACH OF OUR SPONSORS, SUPPLIERS AND AGENTS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF OUR SERVICES OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

C. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

9. Ownership and Limited Right to Use

A. You agree that all programs, services, processes, designs, software, technologies, trademarks, trade names, inventions, patents, other intellectual property and materials comprising the Services are wholly owned by us and/or our suppliers except where expressly stated otherwise. All rights not specifically granted by us are reserved by us.

B. We may provide forms or mechanisms for you to provide content for feedback, testimonials, suggestions and ideas about our products and services, or you may provide such content through other means (“Responses”), and accordingly, we may use any Responses in any way, including in future versions of its products or services, and/or its advertising or promotions. You grant us a perpetual, worldwide, non-exclusive, irrevocable, transferable, sublicenseable, license without royalty or other compensation to use, copy, distribute, create derivative works of, transmit, perform and display the Responses, in any manner and for any purpose.

10. Miscellaneous

A. Notices given by us to you will be given by general posting on the our web site, or by email, overnight courier, first class or express mail to your address of record at our offices. Notices given by you to us must be given by first class or express mail, certified or registered, postage prepaid and sent to us at 237 Florida Avenue, NW, Washington, DC 20001. All notices shall be effective upon web site posting or, if delivered by other means, upon receipt.

B. You hereby agree that any dispute, claim or controversy (other than those for equitable relief or concerning our intellectual property) between you and us arising from your Contributions or these (each a “Claim”) shall be resolved by binding arbitration. Neither you nor we will be entitled to join or consolidate Claims by or against the other in any arbitration, or to include in any arbitration any Claim as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.

C. Subject to the foregoing, you agree that exclusive jurisdiction for any dispute, claim or controversy arising from this Agreement shall be in the federal and state courts located in Delaware, U.S.A.

D. You agree to defend, indemnify and hold harmless us and each of our officers, directors, employees, Sponsors, suppliers and agents from and against any and all losses, liabilities, expenses (including attorneys’ fees and costs) and damages arising out of claims based upon or caused by your breach of this Agreement or use of any Services.

The laws of the State of Delaware, U.S.A., excluding its conflicts of law rules, govern these Terms and all Contributions you make through our Services

Revised: May 5, 2023