• ACCEPTANCE -This free fundraising platform is specially tailored for veterans, animal and pet lovers, motorcyclists & old car enthusiasts only.

 

 

  • Please read these Terms of Use (the “Terms”) carefully because this document is legally binding on you even if you are just browsing XM Alley.com (the “Site”) without making a purchase or contacting us. The term “us,” “we” or “our” refers to the owners and operators of this Site. The term “you” refers to the viewer of the Site. Our Privacy Policy also governs your use of the Site. If you do not want to accept and agree to these Terms or the Privacy Policy, you must exit the Site. Note that we may revise these Terms every once in a while, whenever we feel it is appropriate, without notifying you. If you continue visiting our Site after we have published the revised Terms on this page, this constitutes your acceptance of the changes. So, please check this page periodically to take notice of any changes we made.
  • NEUTRALITY
  • VENUE. OUR SITE IS A NEUTRAL VENUE. WE DISCLAIM ALL LIABILITY ARISING OUT OF OR RELATED TO PRODUCTS, OR INFORMATION PROVIDED TO OR BY THE SITE USERS. WE RESERVE THE RIGHT TO DISCONTINUE ANY CAMPAIGN AT ANY TIME FOR ANY REASON. WE DO NOT GUARANTEE THE LEGITIMACY OF ANY CAMPAIGN, SO YOU SHOULD ONLY MAKE DONATIONS OR PAYMENTS TO THE PEOPLE YOU KNOW AND TRUST.

 

  • Third-Party Services. The Site may contain links to third-party websites that are not owned or controlled by us. We assume no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, the Site will not and cannot censor or edit the content of any third-party website. You acknowledge that we will not be liable for any and all claims, demands, and damages of any kind and nature arising out of or in any way connected to any and all potential liabilities arising from the use of any third-party website. We cannot guarantee the availability or performance of any third-party services used to support the Site. Such third-party services may change their operations without notice to us. Therefore, we shall not be liable for any outages, version changes, delivery delays, failures, bugs, or termination of third-party network service. Third-party networks have their own terms of use, and you must comply with any Terms and Conditions provided by any third-party network.
  • INTELLECTUAL PROPERTIES
  • Our IP. All Site contents, registered and unregistered trademarks, designs, information, and images (the “Intellectual Property”) belong to us and our content suppliers. The Intellectual Property is protected by international trademark, copyright, privacy, and other intellectual property laws.  You obtain no interest in that Intellectual Property, provided, however, that you may download and view or print a copy of materials on this Site for personal use as long as you do not modify any content (including any copyright notice) in any way. All rights not expressly granted under these Terms are reserved by us.  Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property. We have the right but not the obligation to monitor and edit or remove any content submitted by users. We take no responsibility and assume no liability for any content posted by users or any third party.

 

  • License to Your Content. By transmitting or uploading any content to our Site, you grant us a perpetual, unlimited, irrevocable, royalty-free, worldwide license to use, reproduce, adapt, display, perform, modify, transmit, translate, distribute, and create derivative works of your content; to make, have made, sell or otherwise distribute any of your submitted content. You further represent and warrant that you have the right, title, and/or authority to grant such license to us. Without limiting the generality of the foregoing, XM Alley may distribute Press Releases about campaigns on the Site and may use details provided by the campaign owner. Only text, pictures, and video that is publicly available on the campaign page will be used for promotional purposes.
  • Copyright Infringement Claims. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights. You agree that you will not use the XM Alley Site to infringe on anyone’s intellectual property rights. We will investigate copyright infringement claims if they are reported to us to contact@XM Alley.com

 

  • RESPONSIBILITIES FOR USERS
  • By using this Site, all users represent, warrant, and agree that:
  • You have the full capacity to form a legally binding contract.
  • You are over the age of 18.
  • You will provide valid payment method information when necessary. You will NOT use payment methods that you are not authorized to use. You will NOT use a fake identity.
  • You will not create duplicate accounts and you will not share your account with anyone. You are solely responsible for all activity that occurs under your account.
  • Our Site may contain errors and inaccuracies.
  • Submission of untruthful reviews, posts, articles, or other content may result in account immediate termination. We may reject or erase or edit any content submitted for any reason without prior notice to you, within our sole reasonable discretion. All content you submit to our Site is free of third-party intellectual property claims and contains no vulgar, profane, defamatory, abusive, racist, or hateful language or expressions. You will only submit true, complete, and not misleading information to the Site.
  • Our Site content may not be copied for republication, either online or on paper, without our prior express written permission.
  • You will not submit unsolicited bulk or commercial messages (“spam”) to our Site, other users, or anyone else. Any unsolicited message must also not direct the recipient to any third-party site or other resources.
  • You will not access our Site in order to gain a competitive advantage.
  • You will only use the Site for legal purposes, and you will remain responsible for complying with all laws applicable to your use of the Site.
  • All persons who access the XM Alley Site through your Internet connection (I) will have a legal right to do so, and (ii) will read and comply with these Terms of Use.
  • We have the right to refuse access, service, or disable your account on our Site at any time for any reason or no reason without notice, explanation, or liability of any kind.
  • You may not use any web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic process to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content.
  • You will not interfere with the proper working of the Site. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that infringes or violates another party’s intellectual property rights and rights of privacy and publicity.

 

  • CAMPAIGN (OWNER) RESPONSIBILITIES
  • Campaign Owners must make every effort to fulfill any promise made during or after their campaign in connection with their XM Alley campaign. If the Campaign Owner is unable to fulfill their obligations to those who have donated to their campaign (whether those Contributors have the expectation of a reward or not), they must make every effort to remedy the situation, possibly including refunding donations to Contributors.
  • Campaign Owners must comply with all applicable laws and regulations in the use of donations and delivery of rewards. Campaign Owners are responsible for collecting and remitting any taxes that may be due on donations, and any taxes due in connection with rewards. It is the responsibility of the Campaign Owner to consult with their tax advisor to determine tax liability. XM Alley may attempt to verify the identity and other information provided to us by Campaign Owners, and we may delay, withhold, reverse or refund any donations without notice or liability in the event we are unable to verify any such information to our satisfaction.
  • If a campaign receives donations, it cannot be deleted until it has been one year since the last donation. If the Campaign Owner wishes to delete the campaign before one year has passed, they will need to refund all donations first.

 

  • CONTRIBUTORS RESPONSIBILITIES
  • Contributors are completely responsible for asking questions and investigating Campaign Owners and campaigns to whatever extent they feel is necessary before making a donation or contribution to their campaign. All contributions are made voluntarily and at the sole discretion and risk of the Contributor. XM Alley does not investigate the validity of any campaign, does not guarantee that contributions will be used as promised, does not guarantee that Campaign Owners will deliver rewards, and does not guarantee that the Campaign Owner will achieve the goals of the campaign.

 

  • PROHIBITED PROJECTS AND CAMPAIGNS
  • XM Alley reserves the right to suspend or delete any fundraising campaign at any time and for any reason.
  • Campaign Owners and Contributors are prohibited from creating or donating to Campaigns related to the following:
  • Any activity that violates any law;
  • Cause or encouragement of harm to people or property;
  • Content or campaigns that are fraudulent, misleading, inaccurate, or dishonest;
  • Illegal drugs, controlled substances, or other products that present a risk to consumer safety;
  • Knives, explosives, ammunition, firearms, or other weaponry or accessories;
  • Annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking, or similar transactions;
  • Any form of gambling;
  • Pornography;
  • Promotion of hate, violence, harassment, discrimination, or intolerance of any kind;
  • The defense or support of anyone alleged to be involved in criminal activity;
  • The defense or support of anyone named or involved in an ongoing lawsuit;
  • Legal counsel and/or services related to divorce or child custody;
  • Offering monetary rewards, including gift cards.

 

  • PROHIBITED (NO) REWARDS
  • Campaign Owners are NOT permitted to offer or provide any of the following as a Campaign Reward:
  • Any form of “security” (as such term is defined in the Securities Act of 1933);
  • Any form of financial incentive or participation in any profit sharing;
  • Alcoholic consumer products;
  • Controlled substance or drug paraphernalia;
  • Firearms, weapons, ammunition, and related accessories;
  • Any form of lottery or gambling;
  • Any form of air transportation
  • Items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or any items (a) prohibited by the applicable law to possess or distribute, (b) that would violate applicable law if distributed, or (c) that would result in infringement or violation of another person’s rights if distributed.

 

  • REMEDIES FOR BREACH OF THESE TERMS
  • We (XM Alley) may take any action that we deem necessary or appropriate if we believe that any user violates the Terms of Use, infringes any intellectual property right, privacy right, or confidentiality principles, threatens anybody’s personal safety, or uses offensive language. We may: (i) disclose the user’s identity to law enforcement agencies, to any third party claiming violation of their intellectual property or privacy right, (ii) block the user’s IP address, notify the user’s Internet Service Provider, suspend or terminate any account on our Site, (iii) moderate any content submitted to us, (iv) take any other action provided for in these Terms of Use or available under equity or law.
  • Since we cannot ensure that all material submitted to us is accurate and free of third-party claims, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

 

  • PAYMENTS AND REFUNDS
  • Creating a campaign on our Site is free and, when a donation is made to a campaign, the Site does not take any part of it. Contributors have the option to include an additional donation to the Site, but this is strictly voluntary. Contributors have the option to opt-out of the voluntary donation by clicking the link that displays the donation amount and “recommended donation to XM Alley,” which appears below the total donation amount.  Our Payment Processor (PayPal – or Credit Card Processors), takes a fee of $2.9% + $0.30 from each donation, but none of that goes to XM Alley.
  • Payments made through our Site are passed on to the Beneficiary designated by the Campaign Owner (minus Platform Fees, when applicable) immediately and are under the control of the PayPal – or Credit Card Processors Account connected to the Campaign.
  • Contributors making donations to a campaign should consider the payment to be final and without the possibility of a refund.
  • At times the Payment Processor (PayPal – or Credit Card Processors), may automatically issue refunds in cases in which the account connected to the Campaign is not properly activated, has insufficient information about the connected Bank Account or Account Owner, or when there is suspicion of fraudulent activity.
  • If a Payment Processor Account is not fully activated, with Charges and Transfers approved, the Payment Processor will automatically refund all donations 21 days after the donations were made.

 

  • PAYMENT PROCESSOR
  • As part of the Terms of Use for XM Alley, you are bound by the additional Terms of Service of the PayPal – or Credit Card Processors Account that is connected to your fundraiser.
  • PayPal – or Credit Card Processors Agreement: Payment processing services for Campaign Owners are provided by PayPal – or Credit Card Processors and are subject to the PayPal – or Credit Card Processors Connected Account Agreement, which includes the PayPal – or Credit Card Processors Terms of Service(collectively, the “PayPal – or Credit Card Processors Services Agreement”). By agreeing to this agreement / these terms or continuing to operate as a Campaign Owner on XM Alley, you agree to be bound by the PayPal – or Credit Card Processors Services Agreement, as the same may be modified by PayPal – or Credit Card Processors from time to time. As a condition of XM Alley enabling payment processing services through PayPal – or Credit Card Processors, you agree to provide XM Alley with accurate and complete information about you and your business, and you authorize XM Alley to share it and transaction information related to your use of the payment processing services provided by PayPal – or Credit Card Processors.

 

  • AVAILABILITY & CURRENCY
  • Countries. XM Alley is currently available for use in the United States and Canada. Donations can be received from other countries, but any fundraising campaign started on the site must originate from a resident of the United States or Canada.
  • Currency. All donations using PayPal – or Credit Card Processors are made in US Dollars. If the Bank Account connected to the fundraiser uses a different currency, the US Dollar donation will be converted to that currency by the payment processor, PayPal – or Credit Card Processors, according to PayPal – or Credit Card Processor’s policies and exchange rates.

 

  • DISCLAIMER & WARRANTY; LIMITATION OF LIABILITY
  • USE OF THIS SERVICE AND ITS CONTENTS IS AT YOUR OWN RISK. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED “AS IS”. YOU MUST NOT RELY ON ANY CONTENT PUBLISHED ON OR LINKED TO THIS SITE WITHOUT FIRST MAKING YOUR OWN ENQUIRIES TO VERIFY IT IS ACCURATE, CURRENT, AND COMPLETE. WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES, COVENANTS, AND CONDITIONS, EXPRESS OR IMPLIED, ARISING OUT OF OPERATION OF LAW, COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OF TRADE, OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF: MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; SAFETY; QUALITY; FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED; UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE USE OF THIS SITE; OR ACCURACY, CURRENCY, RELIABILITY, COMPLETENESS OR APPROPRIATENESS RELATING TO THE CONTENT OF THIS SITE.
  • WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.  IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE SUMS RECEIVED FROM YOU FOR THE ALLEGEDLY DEFECTIVE PRODUCT. NO CLAIM, SUIT, OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE UNDERLYING CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

  • INDEMNIFICATION
  • You agree to defend, indemnify and hold harmless our company, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (i) your use of and access to the Site; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.

 

  • ARBITRATION
  • These Terms and any action related thereto will be governed by the laws of the State of Washington without regard to its conflict of laws provisions that would result in the application of any other law.  Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered in Seattle, WA by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

 

  • GENERAL
  • Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the Site (“Communications”), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.
  • Hyperlinks. You may link to our Site, as long as this is done in a fair way that does not negatively affect our reputation or business and does not suggest any form of association where there is none. You cannot frame our Site on any other website. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking to terminate immediately. The inclusion of the link to any website on our Site does not imply endorsement by us of that linked website.
  • Assignment. We may transfer, assign or subcontract the rights, interests, or obligations under these Terms, at our sole discretion, without obtaining your consent.
  • Severability. Should any part of these Terms of Use be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms of Use should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
  • No Waiver. Enforcement of these Terms of Use is solely at our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances.
  • Prevailing Language. In the event of any discrepancy between the English original version of these Terms and any foreign language translation, the English version prevails.

 

  • FEEDBACK Please submit your inquiries to contact@XM Alley.com

 

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