Date of Last Revision: June 4, 2014
PitchTop is a professional and customizable rewards based crowdfunding, pre-order, and e-commerce solution (the "Service"). The Service is hosted by PitchTop, but may be accessed at one of our customer's domain addresses.
PitchTop is a website and service of PitchTop, Inc. or its subsidiaries ("PitchTop," "we," "ours" or "us.") Please read these Checkout Terms (the "Terms") and make sure you understand it. By making a payment on the site from which you are presented these Terms, you agree to be bound by these Terms. You are referred to as "you" or "your." A one-time payment transactions or recurring payment transactions, whether pledges to pay in a goal based Campaign or actual payments via a Campaign is a "Payment Transaction". A person who makes a Payment Transaction with a Merchant is a "Merchant Customer."
These Terms can be located for future reference here.
Payment Transactions will be processed by Stripe ("Payment Processor"), and their terms of use can be found here. The terms and conditions of our Payment Processor are incorporated into these Terms by reference.
By agreeing to these Terms, you agree PitchTop may store your cardholder data and transaction information.
You understand that your transaction may be subject to processing fees charged by the Merchant. Such fees will be displayed to you upon checkout.
Depending on where you transact with the Merchant (as defined below), the type of payment method used and where your payment method was issued, your transaction with the Merchant may be subject to foreign exchange fees or differences in prices, including because of exchange rates. PitchTop does not support all payment methods, currencies or locations for payment.
If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account or a recurring subscription, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription, unless otherwise stated by the company from which you purchased the products or services or to whole you made the Payment Transaction (the "Merchant"). The billing policy and refund policy is based on the Merchant and not PitchTop.
You make a Payment Transaction with a Merchant at your own risk. If you encounter any issues with a Merchant or want to generally report an issue with a Merchant, please contact us at [email protected]. However, you should first contact the Merchant to resolve any issues.
For reward, pre-ordered goods or services, or goods or services offered by a Merchant ("Merchant Offerings"), such Merchant Offerings are between you and the Merchant.
PITCHTOP DOES NOT REPRESENT, WARRANT, OR GUARANTEE REWARDS WILL BE DELIVERED OR BE SATISFACTORY TO YOU, AND WE DISCLAIM ALL WARRANTIES RELATING TO REWARDS. You agree PitchTop has no liability for your Payment Transactions with Merchant as it relates to Merchant Offerings.
The Merchant agrees to fulfill all rewards of successful fundraising Campaigns or refund any Merchant Customer for a Reward the Merchant does not or cannot fulfill, so please contact the Merchant directly to resolve disputes.
We do not verify charities ourselves. We reserve the right to not verify them, however, you can personally verify them through GuideStar.org. You should investigate the business and operations of any entity to which you are considering donating. Donations to non-profits made on PitchTop are final and non-refundable.
Upon the Merchant's request, PitchTop will send you a record acknowledging your successful donation, which you may use to reference your donation. However, PitchTop does not warrant the tax status of the charity beneficiary.
A "Political Campaign Merchant" is a Merchant that fundraise for political campaigns. If you have questions about your Payment Transaction with a Political Campaign Merchant, please first contact them. If you have unresolved issues with a Political Campaign Merchant, please inform us at [email protected].
Merchants or other users may provide links to other Internet websites or resources. You access these Internet websites and resources at your own risk. We have no control over such websites and resources, and you acknowledge and agree that PitchTop is not responsible for their availability on the Service 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.
"PitchTop" and all related names, logos, product and service names, designs and slogans (collectively the "Marks") are registered or common law service marks of PitchTop or its affiliates or licensors. You must not use such marks without the prior written permission of PitchTop. Use of the Marks is subject to PitchTop's Brand Guidelines. All other trademarks not owned by us that appear on the Merchant's site or in connection with the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
We always appreciate your feedback or other suggestions about our Services, but you should understand that we may use them without any obligation to compensate you for them. You can email your feedback to [email protected].
You agree PitchTop is only a software and communication solution for the Merchant and your transaction with them. This is so even in the event that you receive specific support from us in relation to your actives on the Service. We want to help you where we can, but you accept our help as is.
PitchTop is not a bank or a money services business ("MSB") and PitchTop does not offer banking or MSB services as defined by the United States Department of Treasury.
You acknowledge that you have read and understand the PitchTop Privacy Policy. You must incorporate your information sharing practices with PitchTop into your Privacy Policy on the Service.
You grant PitchTop the right to feature your Payment Transactions in association with you and your image on PitchTop's various services and in marketing and promotional materials. This right persists even after the termination of these Terms or after the close of a Campaign. If you would like to opt-out for a specific transaction, please email us at [email protected].
You agree to defend, indemnify, and hold harmless PitchTop 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, including Merchant from whom you made a Payment Transaction, due to or arising out of: your use of the Services; your Payment Transactions; your violation of the rights of another; or your breach of any of these Terms. PitchTop will provide notice to you of any such claim, provided that the failure or delay by the right to assume the exclusive defense and control of any matter that is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting PitchTop's defense of such matter.
WE TRY TO KEEP THE SERVICES UP, BUG-FREE, AND SAFE, BUT YOU USE THE SERVICES AT YOUR OWN RISK. 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, PITCHTOP, 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. PITCHTOP WILL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, PHILANTHROPIC ENDEAVORS, ACTION, OR INACTIONS OF ANY MERCHANT, CAMPAIGN AMINISTRATOR, POLITICAL CAMPAIGN MERCHANT, BENEFICIARY, OR MERCHANT CUSTOMER, OR RELATING TO A CAMPAIGN. YOU ACKNOWLEDGE PITCHTOP 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. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
PITCHTOP WILL NOT BE LIABLE, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY MERCHANT ACTION OR INACTION, 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, TRANSACTION DELAYS OR OTHER INTANGIBLE LOSSES (EVEN IF PITCHTOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS WILL NOT EXCEED THE AMOUNT OF FEES EARNED BY US IN DIRECT CONNECTION WITH YOUR USE OF THE SERVICE DURING THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
These Terms constitutes the entire agreement between you and PitchTop 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.
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 California 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 PitchTop agree that all claims arising out of or related to these Terms must be resolved exclusively by a state or federal court located in San Francisco County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and PitchTop agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims. Notwithstanding the above, you agree that PitchTop shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
No waiver of any terms of these Terms shall be deemed a further or continuing waiver of such term or any other term. PitchTop'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.
The owner of the Services is based in the state of California 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.
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, PitchTop reserves the right to cooperate fully with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services.
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.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
The updated Checkout Terms are the binding terms. This summary is just provided for convenience.
On June 4, 2014 we released a new Checkout Terms that sought to clearify PitchTop's liability, disclaimer of warranties, and involvement with Payment Transactions between Merchant and Merchant Customers.