ZuluNest Terms ZULUNEST ONLINE TERMS OF USE

Last updated on September 1, 2023

These terms and conditions of use ("Terms") govern your utilization of our online interfaces and properties (e.g., websites and mobile applications) owned and operated by ZuluNest, Inc. ("Company," "we," "us," or "our"), including the www.zulunest.com website (collectively, the "Site"). Your adherence to these Terms is a prerequisite for accessing and using the Site. If you do not consent to these Terms, please exit the Site promptly.

Agreement to Binding Arbitration. By accessing the Site, you unequivocally consent to the resolution of all disputes between you and the Company related to these Terms or your use of the Site through BINDING ARBITRATION. Therefore, YOU WAIVE ALL RIGHTS TO LITIGATE IN COURT (INCLUDING THROUGH CLASS ACTION PROCEEDINGS) to assert or defend your rights under these Terms (with exceptions for small claims court matters). A NEUTRAL ARBITRATOR will determine your rights, not a judge or jury, and claims cannot be raised as class actions. For detailed information about your agreement to arbitrate disputes with the Company, refer to the section titled Dispute Resolution; Arbitration Agreement below. All claims must be submitted within one year.

1. The Site.

The Site provides (a) an online platform for duly qualified charities, individuals, and other entities ("Fundraisers") to raise funds through the sale of products or services or to solicit contributions to support their cause and/or mission, and (b) associated services (collectively, the "Services"). Site visitors ("Users") seeking to make purchases from or donate to a registered Fundraiser ("Supporters") interact directly with the Fundraiser. These Services, including transactions, are governed by these Terms.

During your use of the Site, you may be required to provide certain information to us. You acknowledge and agree that you are solely accountable for the accuracy and content of such information. Our utilization of any information you provide through the Site is governed by our Privacy Policy accessible at https://zulunest.com/privacy (our "Privacy Policy"). We strongly recommend reviewing our Privacy Policy.

2. Access to the Site; Eligibility; License.

Company grants Users access to and usage of the Site and Services on the condition that they adhere to these Terms and our Privacy Policy. By using the Site, you explicitly agree to these Terms and our Privacy Policy; failure to agree means you may not access or utilize the Site.

Eligibility. Users of the Site must be at least 18 years old (or the age of majority in your jurisdiction) to use the Site. The Site is not aimed at individuals under 13 years old and does not knowingly gather information from minors. By accessing the Site and employing the Services, you affirm that you are of legal age in your jurisdiction.

License from Company. The Site, including all of its components such as text, images, and HTML used to create pages ("Materials"), is either our property, property of our licensors, or suppliers, and is protected by patent, trademark, and/or copyright laws in the United States and/or abroad. Except where specifically allowed in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Site, wholly or partially, for any public or commercial purpose without our explicit written consent. We grant you a personal, non-exclusive, non-transferable license to access the Site and utilize the information and services provided there.

License from Users. Each User of the Site grants us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any content they post on the Site worldwide, through any media.

3. The Role of Company.

The Services are furnished solely as a platform. The Site serves as a technological medium to facilitate connections between Fundraisers, Supporters, or other Users. ZuluNest's role is strictly limited to providing access to the Site, maintaining the Site and Services for Fundraisers, Supporters, and Users. We function as a platform, not as an agent, consultant, professional fundraiser, broker, financial institution, charity, or fiduciary for any Fundraiser, Supporter, or User, for any purpose. Our responsibility revolves around making the Site available and sustaining it – we are not liable for the sale of items offered by Fundraisers, and we do not control the information furnished by Fundraisers. The accuracy of any description, the timeliness or reliability of any information or content provided by Fundraisers, Supporters, or other Users is beyond our control.

ZuluNest is not a payment processor, money services business, or other financial institution. Payments directed to Fundraisers are processed through a third-party payment processor ("Payment Processor"). All Users acknowledge and consent that the involvement of Payment Processors is indispensable to the Services, and we share information with Payment Processors to facilitate the Services offered.

Company refrains from engaging in any solicitation activities on behalf of individuals, entities, organizations, or charities.

ZuluNest does not intend to offer financial, legal, tax, or other professional advice through posted information. Before making payments to Fundraisers via the Services, it's advisable to consult your own financial, legal, tax, or other professional advisor as needed. Users understand that accessing information and content is at their own risk.

We possess no control over the actions or information provided by Fundraisers, Supporters, or other Users and explicitly disclaim all liability to the maximum extent allowed by law, as outlined in more detail below. Our responsibility does not extend to endorsing or guaranteeing any Fundraiser, Supporter, or User, nor do we warrant or implicitly assure the accuracy of information provided through the Services or how funds raised by Fundraisers will be utilized.

In certain circumstances and with the agreement of all parties involved, ZuluNest may offer intermediary services to assist Fundraisers and Supporters in resolving disputes. Should Company opt to provide such services at its sole discretion, the decision reached is final and binding on all parties and cannot be appealed, contested, or overturned.

4. Verified Accounts.

Fundraisers have the option to provide enhanced information about their IRS status and organization, earning them a Verified Account status after verification. While we strive for diligence in this process, we do not warrant or guarantee the legitimacy or status of a Fundraiser once they attain Verified Account status.

5. Communication Features.

ZuluNest may occasionally offer Fundraisers the ability to send communications via the Site using Company-facilitated email or text message features. These features are provided without charge but might have limitations on the frequency of communications during specific periods. Fundraisers utilizing these features acknowledge and accept that they, not ZuluNest, are solely responsible for adhering to applicable laws, including the Consumer Telephone Protection Act and CAN-SPAM, and for obtaining required consents before sending communications. ZuluNest does not participate in these communications; we do not determine timing, recipients, content, or engage in any aspect of the Fundraiser's communication initiation or transmission beyond providing a channel for transmission.

6. Fundraiser Responsibility.

Fundraisers affirm and guarantee that:

All information provided in connection with their utilization of the Services is factual, comprehensive, and not likely to deceive reasonable Supporters or other Users; All details shared regarding items listed in events, campaigns, or auctions offered for sale by the Fundraiser on the Site are accurate; the Fundraiser is the lawful owner or holds authorization to sell the item; the item is authentic and available, or limited availability is acknowledged (in such cases, the Fundraiser will disclose such limited availability on the Site); and the Fundraiser, rather than ZuluNest, is solely accountable for the delivery or transfer of such items to Supporters. Fundraisers hold responsibility for any disputes initiated by Supporters due to issues linked to items listed by the Fundraiser; They will promptly rectify any errors or omissions in posted information; All payments received through the utilization of the Services will be applied solely as articulated in the content posted on the Site or as communicated to each Supporter; Supporter information collected will be utilized in accordance with the Fundraiser’s publicly disclosed privacy policy; They will not infringe upon others’ rights; They will uphold the Community Guidelines outlined below; They will adhere to all relevant laws and financial reporting obligations and will furnish us and any Supporter with information to validate such compliance; ZuluNest reserves the right to employ any information provided by the Fundraiser and share it with any Supporter, regulator, law enforcement, or other entities involved in investigating the Fundraiser; If the Fundraiser submits information asserting any tax-exempt status, the Fundraiser's cause or activity adheres to legality under all applicable laws and regulations, and the Fundraiser’s organization is a tax-exempt entity in good standing with the IRS.

Fundraisers are obligated to offer accurate and complete information to register on the Site and utilize the Services and to maintain such information’s accuracy and currency. ZuluNest can rely on the accuracy of the information provided by Fundraisers, and we possess the right, though not the obligation, to verify or validate such information.

It is the Fundraiser’s responsibility to ascertain the applicability of any taxes to payments received by Fundraisers; the responsibility lies with the Fundraiser to evaluate, collect, report, and remit the correct tax, if any, to the appropriate taxing authority.

7. Supporter Responsibility.

Any payments executed through the Services are at the Supporter’s own risk. The onus is on the Supporter to research the Fundraiser and comprehend how the payment will be employed. ZuluNest is not liable for any offers, commitments, or promotions put forth by any Fundraiser. We are not accountable for the veracity of the information supplied by Fundraisers, and we do not guarantee that payments made by Supporters will align with assurances provided by Fundraisers or relevant law.

Should a Supporter suspect that a Fundraiser is not raising or utilizing funds for their declared purpose, please contact us using the provided information.

ZuluNest does not offer any assertion regarding the tax deductibility or treatment of payments made by Supporters. We refrain from asserting the tax status or charitable standing of any Fundraiser, including those possessing Verified Accounts. Fundraisers bear the exclusive responsibility for furnishing Supporters with receipts acknowledging the receipt of funds from the Supporter.

Information supplied by Supporters through the Services is conveyed to the Fundraiser to whom payment is directed and may be used by said Fundraiser following its own privacy policies. ZuluNest is not accountable for a Fundraiser’s usage of a Supporter’s information.

Supporters are accountable for determining the applicability of taxes or tax exemptions to payments made to Fundraisers. Should a Supporter purchase items from a Fundraiser, they are responsible for settling all relevant sales and use taxes.

Supporters participating in bids for items or opting for “buy now” options are committing to pay for the item if their bid is accepted as the winning bid. Payments for auction items are non-refundable, and ZuluNest does not extend any guarantees regarding the condition or delivery of items won by Supporters. ZuluNest does not assert the tax- deductibility of any items listed by a Fundraiser.

8. Registration and Accounts.

Fundraisers are mandated to establish an account to access the Site. Validation information must be provided, and a user name and password should be chosen for account access. Safeguarding account credentials is crucial; any instructions received via account credentials will be considered authorized by the Fundraiser. Fundraisers can log into their account to view and adjust their profile and transaction details. Accounts are subject to these Terms and can be terminated or suspended at ZuluNest's sole discretion if violations of these Terms are suspected.

Supporters and other Users are not required to create accounts for Site usage. Details furnished by Supporters and other Users to Fundraisers are gathered by both the Fundraiser and ZuluNest. Our utilization of this information is in line with our Privacy Policy.

9. Ownership of the Site.

All pages within the Site and any accessible Materials for downloading are either Company's property or belong to applicable licensors or suppliers. The Site is safeguarded by U.S. and international copyright and trademark laws. Site contents, encompassing but not limited to data, files, documents, text, photographs, images, audio, video, and other materials accessible through or for use or download via the Site (“Content”), cannot be copied, shared, altered, reproduced, published, or employed, in whole or in part, except for purposes endorsed by these Terms or sanctioned in writing by Company. No framing or deep linking techniques should be applied to enclose, or establish deep links to, any brand names, trademarks, service marks, logos, Content, or other proprietary information (including images, text, page layout, or form) of Company without our explicit written consent.

10. User-Generated Content.

Users bear responsibility for any User-Generated Content published on the Site. “User- Generated Content” denotes comments, concepts, suggestions, information, files, videos, images, or other materials that a User contributes to us or posts on the Site. The personally identifiable or other information you opt to submit as User-Generated Content is not our responsibility, and we hold the right to remove any User-Generated Content at our sole discretion. After posting User-Generated Content, it becomes public; we are not liable for maintaining the confidentiality of User-Generated Content. If you wish to prevent others from reading or seeing your User-Generated Content, refrain from submitting or posting it on the Site.

Users must not: (i) provide User-Generated Content without the appropriate rights, unless consent is granted by the owner; this covers content protected by someone else’s copyright, patent, trade secret, privacy, publicity, or other proprietary rights; (ii) manipulate headers or identifiers to obscure the origin of their User-Generated Content; (iii) present User-Generated Content containing false information, falsehoods, or misrepresentations that could harm us or others; (iv) supply User-Generated Content that is unlawful, obscene, defamatory, libelous, menacing, pornographic, harassing, discriminatory, or racially or ethnically offensive, or promotes criminal activity, civil liability, or violates any law

11. Security and Limitations.

The Site may solely be utilized for lawful purposes by individuals using ZuluNest's authorized Services. You are accountable for your own communications, including uploading, transmitting, and posting information, as well as the outcomes of their posting on or via the Site. ZuluNest explicitly prohibits any use of the Site and requires all Users to concur not to employ the Site for any of the following:

Providing, posting, or publicly sharing any information that is incomplete, false, inaccurate, or not your own; Assuming another person's identity; Promoting or endorsing conduct that would constitute a criminal offense, lead to civil liability, or otherwise contravene any local, state, national, or international law or regulation or that fails to adhere to accepted Internet protocol; Posting material protected by copyright or owned by a third party, unless you hold the copyright or possess permission from the owner to post it; Posting material that divulges trade secrets, unless you possess ownership or consent from the owner; Posting material that infringes upon another's intellectual property, privacy, or publicity rights; Utilizing the Services in or for the benefit of a country, organization, entity, or individual embargoed or restricted by any government, including those listed on sanctions registries identified by the U.S. Office of Foreign Assets Control (“OFAC”); Transmitting or transferring (via any means) information or software derived from the Site to foreign countries or nations in violation of U.S. export control laws; or Attempting to disrupt the Site’s or our networks' security or attempting to employ the Site’s service to gain unauthorized access to any other computer system. Breaching system or network security may result in civil or criminal accountability. ZuluNest will probe incidents and may collaborate with law enforcement authorities to prosecute Users involved in such violations. You are prohibited from contravening or attempting to contravene the Site's security, including, but not limited to, the following:

Accessing data not meant for you or logging into a server or account for which you lack authorization; Employing scrapers, crawlers, spiders, robots, or other automated means to access or replicate data on the Site, deep-link to any feature or content on the Site, bypassing our robot exclusion headers or other measures we employ to prevent or limit Site access; Attempting to assess the vulnerability of a system or network, or to breach security or authentication measures without proper authorization; Attempting to interfere with service for any User, host, or network, including, but not limited to, submitting a virus to the Site, overloading, “flooding,” “mailbombing,” or “crashing”; or sending unsolicited emails, including product or service promotions and advertising, or Forging any TCP/IP packet header or any part of header information in any email or newsgroup post.

12. Access Credentials.

In cases where access to the Site or a portion thereof is restricted, requiring a user name and password (“Protected Areas”), you agree to access these areas using solely your own user name and password. You are obligated to maintain the confidentiality of your user name and password, refraining from sharing or disclosing them to any third party. You acknowledge that you are fully accountable for all activity conducted under your user name. Your access to the Site may be terminated by ZuluNest at any time, with or without cause.

13. Copyright Concerns.

We uphold the intellectual property rights of others and disallow Users from uploading and posting materials that infringe upon another party's intellectual property rights. If you believe that your material has been copied in a manner constituting copyright infringement, please provide our copyright agent with the following written information: (i) an electronic or physical signature of the individual authorized to act on behalf of the copyright owner; (ii) a depiction of the copyrighted work you believe has been infringed upon; (iii) an indication of where the allegedly infringing material is located on the Site; (iv) your address, phone number, and email address; (v) a statement asserting your good-faith belief that the disputed use is not sanctioned by the copyright owner, its agent, or the law; and (vi) a statement made under penalty of perjury, attesting to the accuracy of the information in your notice and your ownership of the copyright or authorization to act on behalf of the copyright owner.

Determining the violation of your intellectual property rights or the fulfillment of the Digital Millennium Copyright Act (DMCA) requirements can sometimes be challenging. We may seek further information prior to the removal of any allegedly infringing content. In the event of a dispute arising over the rightful owner of the contested rights, we maintain the right to temporarily remove or restrict access to the purportedly infringing material until the matter is resolved. We retain the authority to terminate the accounts of Users whom we identify as repeat infringers.

It's important to acknowledge that, in accordance with Section 512(f) of the Copyright Act, any individual making false assertions about material or activities being infringing may be held liable for damages.

"14. Our Right to Decline, Terminate, or Suspend Usage.

ZuluNest expressly retains the authority to suspend or refuse the utilization of the Site or the Services by any individual or entity, at the sole discretion of ZuluNest, for any reason or without reason, and with no prior notice. In the event of termination, any obligations or rights pertaining to pending or completed transactions, as well as indemnity obligations related to the use of the Site or the Services, will persist despite such termination.

We preserve the right, though no obligation, to oversee any activities and content on the Site. We may investigate any reported violations of applicable laws, regulations, or rules involving Fundraisers, Supporters, or other Users, as well as transactions conducted on the Site or through the Services. We may take appropriate action as we deem fit, which may include issuing warnings, suspending or terminating services, or removing content from the Site. We may also examine the usage of a credit card by a User and take actions deemed suitable, such as canceling any transaction by such User.

15. Accuracy and Integrity of Information; Errors.

While ZuluNest strives to uphold the integrity and accuracy of the Site, it offers no guarantees, warranties, or representations regarding the correctness, precision, or accessibility of the Site and its Content. The Site might contain typographical errors, inaccuracies, or other errors, and unauthorized additions, deletions, or modifications could potentially be introduced to the Site by third parties.

All details and content concerning Fundraisers are solely provided by the Fundraiser, who holds full responsibility for the accuracy of the content it supplies and posts on the Site. ZuluNest assumes no liability for information or content posted to the Site by non- ZuluNest-affiliated third parties. If a product or service is listed at an incorrect price due to a typographical error or incorrect pricing information supplied by a Fundraiser, the Fundraiser holds the right to decline or cancel any orders placed for the product/service listed at the incorrect price.

In case of any inaccuracies, please notify us for corrective measures. We maintain the prerogative to rectify any inaccuracies on the Site unilaterally without prior notice. The information on the Site might be subject to change or updates without prior notice.

16. Refunds.

All transactions and payments executed on the Site occur between the Fundraiser and the Supporter, and not between a Supporter and ZuluNest. Fundraisers bear the exclusive responsibility to determine when and whether to issue refunds at their sole discretion. ZuluNest assumes no liability for donations and/or any other forms of payment made on the Site.

17. Payments to Fundraisers.

Payment Processor furnishes all financial services for payments directed to Fundraisers through the Site. Payment Processor accepts credit and debit cards issued by U.S. banks, as well as ACH payments. In cases involving credit card transactions, Payment Processor may secure preapproval for an amount up to the payment's value. For automatic recurring payments, all fees and charges will be billed to the credit card designated during setup. If you wish to assign a different credit card or experience a credit card change, you must modify your information online. This adjustment may temporarily impact your ability to make payments to Fundraisers through the Site while we verify the new payment details. Payment Processor will utilize information gathered for payments to Fundraisers in accordance with its privacy policy accessible at https://stripe.com/privacy.

By making payments to Fundraisers through the Site, you warrant and affirm that (i) all credit card, debit card, or bank account information you provide is truthful, accurate, and complete; (ii) your credit/debit card company or bank will honor the charges you incur; (iii) you will cover the charges incurred, including any applicable taxes; and (iv) you are the cardholder and authorized to conduct purchases or transactions using the relevant card and its details.

For payments directed to Fundraisers via the Site, you shall:

Review and expressly accept the agreement with Payment Processor (the “Payment Processor Agreement”), including all revised versions of the Payment Processor Agreement. This agreement outlines that Payment Processor will conduct payments in line with its stipulations; Abstain from using the Services in breach of the Payment Processor Agreement or for activities explicitly prohibited by Payment Processor; Conform to the Payment Processor Agreement and adhere to the guidelines and requisites established by Payment Processor, its affiliates, or banks; Refrain from taking or refraining from taking any actions that could result in Payment Processor, its affiliates, or banks violating any relevant law; Refrain from accessing, utilizing, or disclosing information beyond what's necessary for you to access and utilize the services furnished by Payment Processor; Exclusively facilitate electronic payments and funds transfers to and from a prepaid account managed by Payment Processor and associated with a virtual bank account number (if applicable), strictly for business purposes; Provide all required information to enable Payment Processor to verify your eligibility for receiving services and making them available to you. This information must remain complete and accurate at all times; Authorize us to receive on your behalf any notifications or forms supplied by Payment Processor."

18. Export Policy and Limitations.

You recognize that the products and Content offered or licensed on the ZuluNest Site, which may encompass technology and software, are subject to the customs and export control regulations of the United States and may also fall under the jurisdiction of the customs and export laws of the country in which the products are manufactured and/or received. By purchasing, downloading, or utilizing technology or software from the Site, you pledge to adhere to the applicable laws, regulations, and rules, including but not limited to the Export Administration Act and the Arms Export Control Act. You affirm that you will not transfer, whether through electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. Furthermore, you agree not to provide products to individuals prohibited from receiving such products under the Export Administration Regulations or any economic sanctions imposed by the U.S. Department of Treasury, U.S. antiboycott regulations, or U.S. economic sanctions. This encompasses the export and antiboycott restrictions outlined in the Export Administration Regulations or the sanctions regulations managed by the Office of Foreign Assets Control (OFAC). You shall indemnify and hold ZuluNest harmless from any claims, demands, penalties, costs, damages, fines, attorneys’ fees, and other expenses arising due to your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.

19. Links to and from External Sites.

You might have the ability to connect to third-party websites ("Linked Sites") through the ZuluNest Site. However, it's important to note that Linked Sites are not reviewed, controlled, or examined by ZuluNest in any manner. As a result, we are not responsible for the content, availability, products, advertising, information, use of user information, or other materials present on any Linked Sites or any additional links within them. The presence of these links does not indicate our endorsement or association with Linked Sites. It remains your sole responsibility to comply with the relevant terms of service of Linked Sites, as well as any other obligations related to copyright, confidentiality, defamation, decency, privacy, security, and export laws governing the use of such Linked Sites and their content. We shall not be held liable, directly or indirectly, to anyone for any losses or damages arising from or related to the creation or use of Linked Sites or the information or materials accessed via Linked Sites. Concerns should be directed to the administrator or Webmaster of the respective Linked Site. We retain the exclusive prerogative, at our sole discretion, to add, alter, decline, or remove any feature or link to Linked Sites from the ZuluNest Site, and/or introduce different features or links to different Users.

Permission from us is required for any form of link to the Site. To request permission, you can establish and maintain an active registered account or contact us using the provided information. However, we retain the right to reject any request or revoke any permission granted for linking, and to require the discontinuation of any link to the Site at our discretion and at any time.

20. Indemnification.

Each User agrees to protect, indemnify, and hold ZuluNest, its directors, officers, employees, agents, and affiliates harmless from any and all claims, liabilities, expenses, costs, damages, and reasonable attorneys’ fees arising in connection with (a) your access to or use of the Site or the Services, including actions related to services offered by Payment Processor, (b) your breach of these Terms, the Payment Processor Agreement, or applicable law; (c) the posting or transmission of materials, content, or User-Generated Content on the Site or through the Services by you or with your permission; (d) unauthorized access to the Site using your user name and password; or (e) the provision of inaccurate or incomplete information to us or Payment Processor.

21. Disclaimer of Warranties.

YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USING THE SITE, SITE- RELATED SERVICES, AND LINKED WEBSITES. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

THE SITE, INCLUDING, BUT NOT LIMITED TO, ALL CONTENT, FUNCTIONALITY, MATERIALS, AND SERVICES, IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. THIS INCLUDES WARRANTIES FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, AS WELL AS WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION. FURTHERMORE, NO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE ARE OFFERED. ZULUNEST DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONALITY, CONTENT, OR SERVICES PROVIDED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. ZULUNEST MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. ANY ADVICE, INFORMATION, MATERIALS, OR RESULTS OBTAINED THROUGH THE SITE, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY WARRANTY NOT EXPLICITLY STATED HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING IT.

ANY MATERIALS DOWNLOADED OR OTHERWISE ACQUIRED THROUGH THE USE OF THE SITE ARE DONE AT YOUR DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES RESULTING FROM SUCH DOWNLOAD.

ZULUNEST DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY THIRD PARTIES ON OR THROUGH THE SITE. ZULUNEST IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT DIRECT INVOLVEMENT FROM ZULUNEST.

22. Limitation of Liability Regarding Site Usage.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ZULUNEST, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THE USE/MISUSE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, AND FUNCTIONALITY RELATED TO IT. THIS INCLUDES, WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES. EVEN IF ZULUNEST OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF ZULUNEST TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OR YOUR USE OF THE SITE EXCEED $100.00 IN AGGREGATE."

23. Dispute Resolution; Arbitration Agreement.

We are committed to addressing any concerns you have about the ZuluNest Site in a constructive manner and in good faith. If you bring any issues, including payment matters for products and services available on the Site, to our customer service department, we will strive to find a resolution that meets your satisfaction. However, we understand that in rare instances, there might be cases where we cannot resolve a matter to your contentment.

Both you and ZuluNest agree that any dispute, claim, or controversy arising from or related to these Terms or your use of the Site, including payments made for products and services through the Site, shall be resolved through binding arbitration instead of being pursued in general jurisdiction courts. Arbitration provides a less formal venue than court litigation. It involves a neutral arbitrator rather than a judge or jury and is subject to limited review by courts. While arbitration involves narrower discovery than court proceedings, both you and ZuluNest shall collaborate to agree upon reasonable discovery, considering the issues and the claim amount. Arbitrators can grant the same remedies as courts, but in doing so, they will apply substantive law regarding damages as they would if the matter were in court, including laws related to punitive damages as interpreted by the U.S. Supreme Court.

By agreeing to these Terms, you acknowledge that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision. You and ZuluNest both waive the right to a jury trial or to participate in a class action. This arbitration provision remains valid even after the termination of these Terms or any other contractual relationship between you and ZuluNest.

If you intend to bring a claim against ZuluNest and opt for arbitration, you must send a written notice of the claim ("Notice") to ZuluNest via email. The Notice to ZuluNest should be sent to support@ZuluNest.com Heading, Arbitration. If ZuluNest intends to assert a claim against you and seeks arbitration, it will send a written Notice to your most recent address on file or another address in its records. The Notice, whether from you or ZuluNest, must (a) describe the nature and basis of the claim or dispute and (b) detail the specific relief sought. If a resolution isn't reached within 30 days of the Notice being received, either you or ZuluNest may initiate arbitration or file a claim in small claims court. During arbitration, any settlement offers made by either party will not be disclosed to the arbitrator.

For arbitration, you can access a form Notice and an arbitration initiation form from the American Arbitration Association at www.adr.org. If a filing fee is required, ZuluNest will reimburse you for the fee if you notify ZuluNest after commencing arbitration, unless your claim exceeds US $10,000. The arbitration will follow the Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), with modifications by these Terms. The AAA Rules and Forms are available at www.adr.org, or by calling the AAA at 1-800-778-7879, or by writing to ZuluNest at the address mentioned in the Notice. The arbitrator is bound by these Terms. The arbitrator will decide all issues, including those related to the scope and enforceability of these Terms and the arbitration agreement. Unless mutually agreed, arbitration hearings will occur in the county of your billing address. (If you are outside the United States, arbitration hearings will take place in your country of residence at a reasonably convenient location, adhering to AAA Rules for arbitrator selection). For claims of US $10,000 or less, you can choose between arbitration based solely on submitted documents, a telephonic hearing, or an in-person hearing, following the AAA Rules. If your claim exceeds US $10,000, the AAA Rules will determine your hearing rights. Regardless of the arbitration format, the arbitrator will provide a written decision explaining the essential findings and conclusions on which the award is based.

If the arbitrator's award is higher than ZuluNest's last written settlement offer (or if no such offer was made), ZuluNest will pay you the award amount or US $1,000, whichever is greater. Except as specifically stated, payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party is responsible for its own costs and attorneys' fees, if any. However, if a party prevails on a statutory claim that mandates the prevailing party's attorney's fees, or if a written agreement specifies fee payment, the arbitrator may grant reasonable fees based on fee-shifting laws.

YOU AND ZULUNEST AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER INDIVIDUALLY, AND NOT AS PART OF A CLASS OR REPRESENTATIVE ACTION. Unless both parties agree otherwise, the arbitrator cannot consolidate more than one person's claims with yours, nor preside over a representative or class proceeding. The arbitrator can only grant declaratory or injunctive relief for the individual party seeking relief, and only as needed to provide the relief warranted by that party's claim.

If this specific arbitration provision is deemed unenforceable, (a) this entire arbitration provision shall be nullified, but the remaining provisions of these Terms shall remain effective, and (b) exclusive jurisdiction and venue for claims will be in state or federal courts located in Wilmington, Delaware.

24. Choice of Law.

These Terms and any disputes arising from them shall be governed by and interpreted in accordance with the laws of the State of Delaware, without regard to conflicts of law principles.

25. International Use.

The ZuluNest Site is operated from our U.S. offices, and all data processing occurs within the U.S. We do not warrant that the Site's materials are suitable or available for use in other locations. Individuals who access the Site from outside the U.S. do so at their own initiative and are responsible for complying with local laws if such laws apply.

You agree to follow all applicable laws, rules, and regulations when using the Site. Specifically, you will adhere to all relevant laws governing the transmission of technical data from the U.S. or your country of residence.

26. Notices.

With the exception of arbitration-related notices, you can send notices to us, via email to Support@ZuluNest.com. For notices to you, we will use the email address you provided. Notices will be deemed received 24 hours after they are sent, unless the email address is invalid, in which case we may use alternative methods.

27. Modification of Terms.

At its sole discretion, ZuluNest may revise these Terms periodically by updating this posting. You should periodically visit this page to review the current Terms and be aware of any revisions that you are bound by. Your continued use of the Site after revisions to these Terms will constitute your agreement to the updated Terms.

28. "COMMUNITY GUIDELINES

You bear sole responsibility for adhering to all applicable laws while using the Services. You are also exclusively accountable for all User-Generated Content that you upload, post, publish, display, transmit, or otherwise utilize (referred to as "Upload"). Should you not be the designated beneficiary of a campaign you organize, you commit to promptly delivering funds directly to the ultimate beneficiary. You further pledge to fully cooperate with any requests for evidence that we consider necessary to verify your compliance with these Terms.

The following examples illustrate User-Generated Content and/or activities that are either illegal or prohibited by ZuluNest. This list is not exhaustive, and we retain the right to remove any campaign and/or investigate any User who, at our sole discretion, violates the terms or intent of these Terms. As we assess your campaign, User, or User-Generated Content, we may consider various materials, including, but not limited to, social media, relevant news, and any other information that we, at our sole discretion, deem pertinent to our review. Furthermore, we reserve the right, without limitations, to ban or disable your use of the Services, delete offending User-Generated Content, suspend or terminate your account, cease payments to such campaigns, freeze or place a hold on donations, and report you to law enforcement or take appropriate legal action, including seeking restitution on behalf of ourselves and/or our Users.

In addition to the above, you agree not to use the Services to raise funds, establish, or contribute to any campaign with the implicit or explicit intent of or involvement in:

• Breaking the law: engaging in activities that contravene any law or regulation;
• Fraud: disseminating fraudulent, misleading, inaccurate, dishonest, or impossible information, particularly if done knowingly with the intention to deceive;
• Illegal drugs: dealing in narcotics, steroids, controlled substances, or similar products or therapies that are either illegal or prohibited;
• Violence: promoting knives, explosives, firearms, ammunition, weaponry, or related accessories, as well as endorsing violent ideologies such as genocide, execution, or other violent acts;
• Financial schemes: participating in annuities, investments, loans, equity or lottery contracts, lay-away systems, off-shore banking, or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, "get rich quick schemes" (i.e., investment opportunities or other services that promise high rewards), network marketing, referral marketing programs, debt collection, or crypto-currencies;
• Gambling: engaging in casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, or any ventures that facilitate gambling, games of skill or chance (whether or not legally defined as a lottery), promotions involving monetary rewards, including gift cards, or sweepstakes;
• Hate, discrimination, and harassment: creating content that we deem, at our sole discretion, to support hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind related to race, ethnicity, national origin, religious affiliation, sexual orientation, gender, gender identity, or medical conditions;
• Legal defense for serious crimes: endorsing campaigns that we deem, at our sole discretion, to be for the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind related to race, ethnicity, national origin, religious affiliation, sexual orientation, gender, gender identity, medical conditions, or financial crimes, or crimes of deception;
• International sanctions: participating in activities with countries, regions, governments, persons, or entities subject to U.S. and other economic sanctions under applicable law, unless expressly authorized by the appropriate governmental authority;
• Exploitation: funding ransom, human trafficking, vigilantism, bribes, or bounties;
• Pornography: uploading or promoting pornographic content or other sexual content involving minors;
• Graphic content: sharing offensive, graphic, perverse, or sensitive content;
• Pre-sales: selling items before obtaining control or possession of them;
• Payment manipulation: collecting payments on behalf of merchants, self- payments on campaigns, or attempting to bypass the designated payment method provided by ZuluNest;
• Credit: providing credit repair or debt settlement services;
• Misuse of funds: granting or receiving cash advances or lines of credit for purposes not explicitly stated in the campaign or collecting/providing funds for purposes other than described in the campaign;
• Slander and personal attacks: publishing or removing User-Generated Content (such as mug shots), where the primary purpose of posting such User-Generated Content is to cause or raise concerns of reputational harm, as well as personal attacks, slurs, caustic or combative content submitted with the aim of harming other people in some way;
• No-value-added services: selling or reselling a service without adding value to the buyer or reselling government offerings without authorization or added value;
• Money laundering: aggregating funds owed to third parties, factoring, or engaging in other activities intended to obscure the origin of funds;
• Piracy: distributing counterfeit music, movies, software, or other licensed materials without appropriate authorization from the rights holder;
• Intellectual property violations: offering products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
• Unauthorized sale or resale: of brand name or designer products or services;
• Trade violations: selling goods or services that are illegally imported or exported;
• Credit card fraud: processing payments with no legitimate donation accepted; cash advance; card testing; or evading card network chargeback monitoring programs;
• Financial crimes: participating in any other activity that ZuluNest may, at its sole discretion, deem supportive of individuals and/or entities associated with alleged financial crimes, including, but not limited to, corruption, bribery, tax evasion, fraud, and activities of a similar nature; or
• Generally unacceptable activity: engaging in any other activity that ZuluNest may, at its sole discretion, deem unacceptable."