By agreeing with these terms and conditions you acknowledge that you are independently responsible for complying with all applicable laws in all of your actions related to your use of Guess for Good, LLC's services, regardless of the purpose of the use. In addition, you agree that you must adhere to the terms of this Acceptable Use Policy.

Fees

Guess for Good charges a flat fee of 5% on all donations collected in addition to the fees charged by the processor. In addition to Guess for Good's 5% fee, users are also agreeing to one or more of the following fees:

See the fees page for more information and an example of the fee breakdown.

Guess for Good, LLC is not the same company as Stripe and their fees and commissions are subject to change without notice from us.

Games and Guesses are publicly viewable

As a Guess for Good user, the fundraising guessing game you create will be publicly available on the internet, for all to see, including search engines like Google and Bing. There are no private or hidden Guess for Good guessing games. Your activity is public.

As a participant making guesses in a Guess for Good game you will be asked to provide a display name when providing your guess. The display name is publicly viewable. Although required - This does not have to be your real name. This can be a fake name or a nickname - anything you feel comfortable making publicly available on the internet. Upon confirming your guess(es) you will be asked for your real name and email address. Your real name and email address are not displayed publicly on Guess for Good. Please see our privacy policy for more information with how your information is protected.

Not Allowed on Guess for Good

To report a game that you believe violates the guidelines below, please contact us at: https://guessforgood.com/contact

While these guidelines may not cover every unique scenario, Guess for Good will always review questionable games on a case-by-case basis and will take appropriate action where necessary.

Guess for Good reserves the right to take action on any game believed to be in contempt of these guidelines including, but not limited to, terminating and removing the game and banning the user.

Solicitation Activities

Guess for Good does not engage in any solicitation activities; such activities are carried out by our users on their own initiative.

If any regulatory agency has any concerns that a law is being violated by our users, please report it to us immediately and we will work with you to address your concern.

Tax & Legal Representations

As a condition of using Guess for Good's service, you represent to us that:

Prohibited Activities

You may not use the Guess for Good service for activities that violate any law, statute, ordinance or regulation that:

Violations of the Acceptable Use Policy

We encourage you to report violations of this Acceptable Use Policy to Guess for Good immediately. If you have a question about whether a type of transaction may violate the Acceptable Use Policy, you can contact Guess for Good's Compliance Department at: https://guessforgood/contact/

In this document the following phrases are defined as:

Introduction

These Terms and Conditions may only be modified by an authorized executive of Guess for Good.

These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Guessforgood.com processes payment transactions through 3rd-party payment solutions such as Stripe, among others. Guessforgood.com is not a chartered banking entity. All funds that are not part of a fee paid to Guessforgood.com are paid directly to 3rd-party payment solutions.

You will not hold Guessforgood.com liable or responsible for any funds or tax obligations on those funds paid to 3rd-party payment solutions.

Donors and Users agree not to involve Guessforgood.com in any litigation that occurs due to using the website.

Guessforgood.com will not be held liable for any loss or damage due to failure to comply to the terms of this agreement.

Disclaimer of Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS MADE BY THIRD PARTIES THROUGH OUR WEBSITE. THIS INCLUDES ANY FAILURE OF ANY GOODS OR SERVICES TO MEET YOUR EXPECTATIONS.

WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY OFFERS THAT MAY TURN OUT TO BE FRAUDULENT, IRRESPONSIBLE, OR OTHERWISE ADVERTISED IN BAD FAITH.

WE ARE NOT RESPONSIBLE FOR ANY FAILURES ON THE PART OF OUR THIRD PARTY PAYMENT PROCESSORS.

WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS "REPRESENTATIONS & WARRANTIES" SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

Guessforgood.com is a Service

Guessforgood.com is a service that enables Users to collect money into their own accounts for a specific purpose. Upon becoming a User through the Registration process, or a Donor through the Donation process, you agree that Guessforgood.com may, in our sole discretion, modify the terms of this Agreement by updating the modified terms to the Guessforgood.com website. By continuing to use the product after registering you are accepting the modified Terms and Conditions of Service.

By using the Guessforgood.com service you agree to the following:

  1. You are at least 18 years of age.
  2. You will comply with all local, state/provincial, regional & national laws in your area of residence.
  3. You are to alert the Guesforgood.com service staff about any unauthorized use of your User or Donor accounts.

You agree to allow Guessforgood.com to use anonymous aggregate data to enable Guessforgood.com to offer a better service in the future.

Indemnification

You agree to defend, indemnify and hold harmless Guess for Good, LLC, Guess for Good owners, Guess for Good employees, and Guess for Good agents from and against any and all claims and expenses, including attorneys' fees, costs, and disbursements, arising out of your use of the Web site, including but not limited to, out of your violation of any representation or warranty contained in these Terms and Conditions. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

Guessforgood.com Accounts

Guessforgood.com reserves the right to delete User or Donor accounts at our discretion.

You are fully responsible for any content you post as a User or a Donor. You agree by becoming a User or Donor that you will not:

  1. Use sexually explicit content, obscenities, copyrighted material, or abusive/hateful language in any area of the site
  2. Use your Guessforgood.com account for any illegal purposes.
  3. Provide information that is not complete and accurate.
  4. Attempt to bypass or otherwise circumvent the designated method of payment as provided by Guessforgood.com

Guessforgood.com has the right to, though will not be obligated to, in Guessforgood.com's sole discretion, to remove any content or block any individual or entity for any reason.

Guessforgood.com will have no obligation to provide a refund of any amounts previously paid.

Guessforgood.com does not and can not review all the material posted to the Guessforgood.com system.

By visiting Guessforgood.com you are responsible for protecting yourself from content that is offensive or harmful that may have been posted on the website by another user.

By visiting Guessforgood.com you are responsible for protecting your equipment (computer, etc.) from any harm resulting from a visit to the website.

Choice of Law

These Terms and Conditions and our provision of services to you shall be governed by the laws-state, federal, or otherwise-applicable in the State of Pennsylvania.

Forum of Dispute

Any dispute arising from or relating to these Terms and Conditions or our provision of services to you must be resolved in a court of competent jurisdiction in the State of Pennsylvania.

If you fail to bring a dispute in compliance with these "Forum of Dispute" provisions, we may make a motion to dismiss your claim, which you must consent to, and you will be responsible for all of our reasonable attorneys' fees, costs, and disbursements involved in making such a motion.

Additionally, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys' fees, cost, and disbursements.

Communications

Electronic communications from Guessforgood.com will be sent to Users to inform them of a variety of events that inform them about the state of their fund. You agree to allow Guessforgood.com to send these communications to your email address. You also agree that Guessforgood.com is not liable for any user generated content that is sent to you as a part of these communications.

You agree that you are liable for any communications you send to potential Donors promoting your guessing game fund site. These communications include, but are not limited to, "share" emails sent through the Guessforgood.com and communications sent outside of the Guessforgood.com system.

Severability

In the event that a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision of the Terms and Conditions, or otherwise unenforceable, the Terms and Conditions will remain in force as though they had been entered into without that unenforceable provision being included in it. If two or more provisions are deemed to conflict with each other's operation, Guess for Good shall have the sole right to elect which provision remains in force.

Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.