Date of Last Revision: December 20, 2017.
The Terms may be change over time. When the Terms are changed, we will publish the amended Terms on the relevant Services. If there are significant changes to the Terms, then we will notify you on the Website or by email. By using the Services after the Terms are changed, you (the “User”) are agreeing to be legally bound to the new Terms. Any changes to the Terms will not apply retroactively.
Commit is the most convenient platform to connect people and payments for group purchases, experiences, and causes. When an event organizer (the “Organizer”) creates a campaign (a “Campaign”) on Commit, the Organizer can invite other people to form a contract with the Organizer. Anyone who joins a Campaign is accepting the Organizer’s offer to form a contract.
Commit is not a part of the contracts between Organizers and people who join their campaigns (“Contributors”). Organizers are further bound by the following terms:
The Organizer is solely responsible for fulfilling the promises and obligations made in their campaign. If the Organizer is unable to satisfy the terms of this agreement, the Organizer may be subject to legal action by Contributors.
When a Contributor joins a Campaign, the Contributor is committing to the Campaign.
These are the terms that apply when you are joining a Campaign:
These are the terms that apply when you are creating a Campaign (or are the Organizer):
You are eligible to access or use our Services only if you are 18 years or older and we have not restricted, suspended, or terminated your access to the Services at any point.4.2. Membership
You may create an account by inputting your information, or you may login with services like Facebook Connect, as they are made available by us. In either case, you must follow these Terms:
As part of the registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You shall not allow any third party to use your account credentials. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Commit will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. You agree that, in the event of any dispute between two or more parties as to account ownership, Commit will be the sole arbiter of such dispute in its sole discretion and that Commit's decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.
Commit is not liable or responsible for:
When you use the Services, you release Commit from claims, damages, and demands of every kind – known or unknown, suspected or unsuspected, disclosed or undisclosed – arising out of or in any way related to such disputes and the Services. All connect you access through the Services is at your own risk. You are solely responsible for any resulting damage or loss to any party. Your sole and exclusive remedy for any and all claims and causes of action relating to or resulting from a campaign is against the Organizer.5.1. Nature of Relationship
You agree that we are only acting as a passive conduit for User activities on the Services. This is so even in the event that you receive specific support from us in relation to your actives on the Services.
Commit may charge processing fees to Contributors, Commit fees to Campaign Admins or Beneficiaries, or other charges to Users ("Service Fees.") Commit may adjust the Service Fees at any time, at its sole discretion, provided that any adjustment will only apply to Campaigns created and contributions made after the effective date of the adjustment. You are responsible for paying all Service Fees associated with your use of the Services. If a Campaign does not Commit, there are no Service Fees to the Campaign Admin, the Contributor, or a Beneficiary.
You are solely responsible for any and all applicable taxes for Campaigns or Contributions, whichever applies to you. Service Fees are non-refundable.
"Member Content" means the content you use to create and manage a Campaign, as well as content you post to a Campaign, such as Campaign feedback, comments, questions, and other information you provide. When including and using Member Content on the Services, you must have the legal right to do so, and you must avoid infringing upon the intellectual property rights of others in connection with the Services.
You represent and warrant:
You must use our Services in a manner that is compliant with all laws, regulations, ordinances, directives, and any government imposed restrictions on your actions. For example, you cannot use our platform in a manner related to the sale of controlled substances, pornographic items, securities, regulated weapons or accessories, or anything else that would be illegal. However, there are plenty of other illegal activities in this world. Please don't use Commit to engage in them.
Also, you may not use the Services in a way that:
If you create Campaigns that constitute regulated activity, you are solely responsible for filing all applicable reports or regulatory filings.7.3. Suspicion of Unauthorized, Fraudulent, and Illegal Uses
If you provide any information that is untrue, inaccurate, out of date, or incomplete, or if you engage or use the Services in an unauthorized, fraudulent or illegal manner, or if Commit has reasonable grounds to suspect any of the preceding is, has or will occur, we have the right to immediately suspend or terminate all of your accounts, including live Campaigns, and refuse any and all of your current or future use of the Services, or any portion thereof. This includes our ability to instruct our Payment Processor to not collect funds from your Campaigns, to release credit card authorizations, or to return funds to Contributors from Campaigns.
Commit may contain links to other websites. You access these websites and resources at your own risk. We have no control over such websites and resources, and you acknowledge and agree that Commit is not responsible for their availability on the Services and does not endorse, is not responsible for, and shall not be liable for any damage related to the use of their content, advertising, products, services, or other materials on or available from such websites or resources.
Commit partners with other companies (such as Stripe) for payment processing. When you join or create a campaign, you are also agreeing to the payment processor’s terms of service.
By posting any Member Content on the Services, you expressly grant, and you represent and warrant that you have a right to grant, to Commit and to all its affiliates, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers), transferable right to (and to allow others acting on its behalf to) use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Member Content including, without limitation, your name, voice, and or likeness contained in your Member Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed.9.2. Commit Content
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by Commit in connection with the Services (collectively, "Commit Content") is protected by copyrights, trademarks, service marks, trade secrets, or other intellectual property and other proprietary rights and laws. These terms grant you no right to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Commit Content, or post any Commit Content on any other web site. Any rights not expressly granted herein are reserved.9.3. Commit Trademarks
The Company name, Commit, the terms Commit, and all related names, logos, product and service names, designs and slogans (collectively the "Marks") are registered or common law service marks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of Commit.
Commit reserves the right to delete or disable content alleged to be infringing others' copyrights, and to terminate without notice those accounts that are determined by us to be “repeat infringers”.
Copyright owners and their agents may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") with the following information in writing:
You may send your notifications to Commit’s designated copyright agent to [email protected] or
You agree to defend, indemnify, and hold harmless Commit and its affiliates, and each of its and their respective officers, directors, agents, partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential, or otherwise), loss, liability, cost, and expense (including, without limitation, reasonable attorney and accounting fees) resulting from any threated claim, claim, demand, suit, proceeding (whether before an arbitrator, court, mediator, or otherwise or leading up to such forum), or investigation made by any third party (each a "Claim") due to or arising out of: Member Content; your use of the Services; your Campaign(s); your violation of the rights of another; or your breach of any of these terms and conditions. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification under this Section, in which case you agree to cooperate and assist in Commit’s defense of such matter.
Commit reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services, in whole or in part, for any reason or for no reason, with or without notice. You agree that Commit will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
We may terminate your access to any or all of the Services, without cause or notice, and, in doing so, may destroy any and all information or content associated with your account.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMMIT, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT: (I) THE CONTENT OF THE SERVICES IS ACCURATE, RELIABLE OR CORRECT, (II) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY BENEFIT, FUNDING OR REVENUE; (III) THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, SECURE, OR ERROR-FREE, (IV) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR (V) THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMMIT WILL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, PHILANTHROPIC ENDEAVORS, ACTION, OR INACTIONS OF ANY CAMPAIGN ORGANIZATION OR CONTRIBUTOR, OR RELATING TO A CAMPAIGN. YOU ACKNOWLEDGE COMMIT HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF CAMPAIGNS, THE TRUTH OR ACCURACY OF ANY USER CONTENT OR CAMPAIGNS, OR THE ABILITY OF ANY USER TO PERFORM, OR ACTUALLY COMPLETE A CAMPAIGN OR THE ACTIVITIES CONTEMPLATED BY A CAMPAIGN. SOTHE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
COMMIT WILL NOT BE LIABLE, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE TERMS, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COMMIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR COMMIT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
These Terms constitutes the entire agreement between you and Commit and governs your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions, or communications between you and us on the subject matter here.
No waiver of any terms of these Terms shall be deemed a further or continuing waiver of such term or any other term. Commit's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to reform such provision to give effect to the parties' intentions as reflected herein. The other provisions of the Terms shall remain in full force and effect.17.2. Governing Law and Forum
These Terms or any claim, cause of action or dispute ("claim") arising out of or related to these Terms shall be governed by the laws of the state of Illinois regardless of your country of origin or where you access the Services, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Commit agree that all claims arising out of or related to these Terms must be resolved exclusively by a state or federal court located in Cook County, Illinois, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Commit agree to submit to the personal jurisdiction of the courts located within Cook County, Illinois for the purpose of litigating all such claims. Notwithstanding the above, you agree that Commit shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.17.3. Geographic Restrictions
The owner of the Services is based in the state of Illinois in the United States.
You agree to comply with all laws, restrictions, and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act ("Export Laws"), you warrant that you are: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control ("OFAC") comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such products and information.17.4. Cooperation with Authorities and Police Enforcement
You acknowledge that we have the right to report to law enforcement authorities any actions that may be considered illegal or unlawful, as well as any reports we receive of such conduct. When requested, Commit reserves the right to cooperate fully with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services.17.5. Time to File Claim
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services or under these Terms must be filed by either party within two (2) years after such claim or cause of action arose or be forever barred.17.6. Titles
The section titles in these Terms are for convenience only and have no legal or contractual effect.