Terms and Conditions
Last updated: October 6, 2016
ALittleHelp.com (“ALittleHelp”) is a property of Legal & General America, Inc. (“LGA”), collectively referred to as “We” or “Us”, and exists for the purpose of providing a platform to raise donations for memorial fund campaigns after the death of a loved one. Any use outside of this purpose is prohibited.
If you do not agree with any of these terms, do not access or otherwise use the Site or any information or materials contained on the Site. Your use of the Site shall be deemed to be your agreement to abide by each of the terms set forth below.
You understand and agree that the Site is provided “AS-IS” and that We assume no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Site. Nor do We assume any liability for the failure to store or maintain any user communications or personal settings. We are not responsible if the information that We make available on this Site is not accurate or complete. Any reliance upon the material on this Site shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this Site.
2. Creating an Account
To create an account, you must be at least 18 years old and by creating an account you represent and warrant that you are at least 18 years old. In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Us to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Us. You are responsible for all activities performed using your account on the Site or using the Services.
3. What We Do
ALittleHelp is a website that provides free online fundraising tools (the “Services”) to individuals to raise money for Campaigns related to the loss of a loved one. We allow fundraising campaigns for memorials & funerals, education & schools, housing, and other expenses associated with losing a loved one. We do not provide support or Services for any other type of fundraiser and reserve the right to remove any Campaign that you create that is not for a bonafide loss at any time and with no notice to you.
The Services provided by ALittleHelp are an administrative platform only. ALittleHelp facilitates donations between Sponsors and Donors, but is not a party to any agreement between a Sponsor and a Donor, or between any user and a charity. ALittleHelp is not a broker, agent, financial institution, creditor, charitable solicitor, or insurer for any user and does not have control over the conduct of, or any information provided by a Sponsor. ALittleHelp hereby disclaims all liability in this regard.
ALittleHelp does not guarantee that a Campaign will obtain a certain amount of donations or any donations at all. We do not endorse any Campaign, Sponsor, or charity, and we make no guarantee, explicit or implied, that any information provided through the Services by a user, or about a Campaign, is accurate. We expressly disclaim any liability or responsibility for the success of any Campaign, or the outcome of any fundraising purpose. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Campaign.
Campaigns are not charities to which you can make tax-deductible charitable contributions. You understand and acknowledge that ALittleHelp is not a charity, or a charitable solicitor of any kind, and ALittleHelp does not solicit charitable donations for itself or for any third-party charitable institution.
4. Creating a Campaign
Once you have created an account with ALittleHelp you may create a fundraising campaign to benefit someone who has lost a loved one (each, a “Campaign”). For each Campaign you create, you agree: (1) to provide complete, accurate and truthful information and that all content in your Campaign is accurate and truthful, (2) that, if you are raising money to benefit a specific person or people other than yourself, you have expressly received the right and permission to publish information about the recipient, including any photographs and health-related information, and you have provided all information about the recipient that we indicate is required, (3) that, if you are raising money to benefit a specific child, that you are the parent or guardian of the child or you have received express permission from the parent or guardian of the child to publish information about and photographs or other depictions of the child, and 4) that you will not post your Campaign’s URL in the comments section or any other area of other Campaign on the Site. You are solely responsible for all content published for or posted to your Campaign, and 5) that any recipient of a Campaign is a lawful U.S. resident. You are solely responsible for any and all tax implications from contributions received through your Campaign. You agree and guarantee that all money raised through your Campaign will be given for the purposes described in your Campaign and that no other person or entity besides the advertised recipient will receive any of the funds raised through your Campaign. You expressly understand that in establishing a bonafide Campaign, it may be necessary to submit to us satisfactory proof of loss. The creator of a Campaign will be referred to as the “Sponsor”.
5. Donating to a Campaign
You agree that all donations you submit on the Site through the payment processor associated with the Campaign are given voluntarily by you. You understand that ALittleHelp does not review or verify information published in Campaigns and cannot and does not represent or warrant the truthfulness of any Campaign. We do not and cannot guarantee that your donation will be received by the intended recipient or used for the purpose described by the Campaign Sponsor. You agree that it is your responsibility to review and verify any and all information published in Campaigns, including the identity of the Campaign Sponsor and/or recipient, prior to making any donation. You agree to report any suspected inaccuracies or fraudulent activity to Us.
We do not verify whether any recipient organization advertised as a nonprofit actually has tax-exempt status by the U.S. Internal Revenue Service or any state agency. We encourage you to double-check on the tax-exempt status of any organization claiming to be a nonprofit before donating to a Campaign.
Donations are made through the third-party payment processor associated with each particular Campaign, and We may not refund your donation to a Campaign; however, if you contact us, we will put you in touch with the payment processor for the Campaign for which you seek a refund. Any refunds will be given in the third party payment processor’s discretion and in accordance with their terms of service. We encourage you to read the terms of service of the applicable payment processor regarding refunds before donating to a Campaign. You are responsible for maintaining copies of documentation related to any donation you make for your own tax and other financial records.
You acknowledge that you are submitting payment directly to the Campaign’s registered recipient or user's representative and therefore We cannot be responsible for tax receipts, lost payments, identity theft, fraud or refunds. We provide links and interfaces to a third party payment service, such as PayPal.com or other similar providers as made available at our sole discretion, which permits contributors to send funds to users (or user's representative) of Campaigns registered at ALittleHelp.com. We are not affiliated with and do not control any third-party payment services, including but not limited to PayPal, accessed through the Site. We are not responsible for the availability of any third party payment service, including PayPal.
We do not accept, or take possession of, donations made to Campaigns found on the Site. You acknowledge that We provide links to the third party payment service, We do not control and are not responsible for payments made or received through the third party service. Neither Legal & General America, Inc. nor ALittleHelp directly provides receipts for tax purposes for any gift, contribution or donation. Any use of third party payment services by you will be subject to the terms and conditions of such third party payment services, and at your own risk.
Transaction fees may be collected from the user by the third-party payment services. You acknowledge transaction fees will automatically be deducted from your donation by the third party payment service and that the recipient of the Campaign may not receive the full amount of your donation. Users making donations will be referred to as “Donor” or “Donors”.
6. Use of Copyrighted Materials/Trademarks.
Other than material provided by users of the site, which is neither owned by nor the responsibility of Legal & General America, Inc. nor ALittleHelp, any materials on the Site, including without limitation any documentation, content, text, data, graphics, images, interfaces or other material or works of authorship (the “Materials”) are proprietary and owned by or licensed to Legal & General America, Inc. All rights are reserved. The Materials contain copyrightable subject matter, trademarks, service marks and trade names which are owned by Legal & General America, Inc. and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners.
You are granted a limited, non-sublicensable license to access and use the Site and electronically copy (except where prohibited without a license) and print to hard copy portions of Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of LGA, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright, patent, and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Nothing contained in the Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights “IP Rights”) of Legal & General America, Inc., its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Materials on the Site are expressly reserved to Legal & General America, Inc. its affiliates, and/or any third party, as applicable.
7. Hyperlinks to this Site.
You are granted a limited, nonexclusive right to create a “hypertext” link to the Site provided that such link is to the entry page of the Site (or your personal registry page within the Site) and does not portray ALittleHelp, Legal & General America, Inc. or any of its affiliates, or any of LGA’s other products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Legal & General America, Inc. trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of Legal & General America, Inc.
8. Links to Third Party Websites.
The Site may be linked to other websites on the World Wide Web or Internet, including without limitation PayPal.com, that are not affiliated with, under the control of, or otherwise maintained by Legal & General America, Inc. If you use these links, you may leave the Site. Legal & General America, Inc. has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Legal & General America, Inc. does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk.
9. Data Mining, Commercial Use, and Unsolicited Mailings Prohibited.
You acknowledge that you are expressly prohibited from utilizing this Service in connection with data mining of any kind, commercial use, the sending of unsolicited electronic mail or other forms of messages, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of this Service. You may not copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of, modify, or create derivative works of the Online Services. You may not circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copyright any Materials or enforce limitations on use of the Site or the Materials.
10. Authority and Accuracy.
In consideration of your visiting and using the Site, you represent that you are able to form a binding contract. You also agree that any information you provide about yourself is accurate and complete information at the time provided. You agree to update any information provided to ALittleHelp and Legal & General America, Inc. to keep it accurate and complete. Failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for Legal & General America, Inc. to suspend or terminate your account and refuse you service in the future. You must be 18 years of age or older and have reached the age of majority in your state of residence to use the Site. By registering with the site as a Sponsor or Donor, you are representing that you are a lawful U.S. resident.
11. Password Restricted Areas of the Site.
Certain areas of the Site may be password restricted to registered users (“Password-Protected Areas”). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify Legal & General America, Inc. if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify ALittleHelp and Legal & General America, Inc. of any unauthorized use of your account or any other breach of security in relation to your password or the Site that is known to you.
You acknowledge that you are responsible for the information, photographs, graphics, messages, content and other material that you upload, post, e-mail or otherwise submit to the Site, and that you have full responsibility for each of your submissions, including its legality, reliability, appropriateness, originality and copyright. You acknowledge that you are responsible for any and all content, publicity, or model releases.
Legal & General America, Inc. does not claim ownership of content (including photos and graphics) you submit or make available for inclusion on the Site; however, you hereby grant Legal & General America, Inc. a world-wide, royalty free and non-exclusive license to use, distribute, reproduce, modify, adapt and publicly display such content in connection with Legal & General America, Inc.’s business. You acknowledge and agree that information that you submit or make available for inclusion in publicly accessible areas of the Site, may be viewed by the public.
Legal & General America, Inc. does not control the content posted by third parties via the Site and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Site, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Legal & General America, Inc. be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available via the Site.
13. Notification of Claims of Infringement.
Legal & General America, Inc. respects the intellectual property of others, and we ask our users to do the same. Legal & General America, Inc. may, in appropriate circumstances and at our discretion, terminate service to users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at questions@ALittleHelp.com and provide Legal & General America, Inc.'s copyright agent, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Site where the material that you claim is infringing is located; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Legal & General America, Inc.'s agent for notice of claims of copyright infringement on this site can be reached using the contact information below.
14. Code of Conduct.
Online behavior requires common sense and basic etiquette. Accordingly, here are some rules that you agree to follow as a condition of accessing the Site:
- No activity that violates any law or governmental regulation.
- No content or Campaigns that are fraudulent, misleading, inaccurate or dishonest.
- No strong, vulgar, obscene, or otherwise harmful language.
- No racially, ethnically, sexually or otherwise, objectionable language.
- No libelous, defamatory, or otherwise tortuous language.
- No impersonating any person, including, but not limited to, other community members or employees of Legal & General America, Inc.
- No posting, distributing, transmitting, or promoting illegal or explicit content. No posting, distributing, transmitting, or promoting content that impersonates any person or entity or otherwise misrepresents your affiliation with any person or entity, including with Us.
- No invasion of another's privacy.
- No actions that are harmful to minors.
- No manipulation or forging of identifiers in order to disguise the origin of any information posted on the Site or otherwise provided to Legal & General America, Inc. or its employees.
- No posting, providing, transmitting, or otherwise making available any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law.
- No posting, providing, transmitting, or otherwise making available any junk mail or spam.
- No posting, uploading, e-mailing, or otherwise transmitting any material that contains any malicious computer code (including spyware, worms, Trojan horses, viruses, etc.).
- No posting, providing, transmitting, or otherwise making available any information which violates regulations promulgated by the Securities and Exchange Commission, or that of any securities exchange, such as the New York Stock Exchange.
- No collecting, storing, or posting of personal data about or of other Legal & General America, Inc. members.
- No soliciting site users for any purposes other than those for which the site was created.
Although We have no obligation to screen, verify, edit, or monitor any of the Content posted by users of the Site, We reserve the right to restrict, suspend or terminate without notice a user’s access to the Site or any feature of this Site or any part thereof at any time.
15. Restrictions on Use.
Content from the Site, including but not limited to any member profile information such as member names, e-mail addresses, member contact information, or member-personalized event-related information, may not be taken from the website and used for any purpose. You agree that you will not use any names, e-mail addresses and other contact information from member profile information or the pages and postings on this site for the purpose of solicitation. You agree that you will not send any unsolicited e-mails to our members, and will not use the Site to send unsolicited e-mails to any third parties.
ALittleHelp is available to lawful U.S. residents only. Software available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls and economic sanctions laws. No software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export control and economic sanctions laws. Downloading or using the software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.
17. Changes to the Site.
You agree that, under certain circumstances and without prior notice, Legal & General America, Inc. may terminate your access to the Site, including purging your member account and any material and information associated with your member account (including your user name, password, registry and profile). Cause for such termination shall include, but not be limited to, violation of these Site Terms. You acknowledge and agree that all terminations for cause shall be made in sole discretion of Legal & General America, Inc. and that Legal & General America, Inc. shall not be liable to you or any other party for the termination of your access to the Site or the purging of any material.
19. Disclaimer of Warranties.
The Site may contain technical inaccuracies, typographical errors, and out-of-date information. We make no representations as to the accuracy, reliability, completeness, or timeliness of the information posted. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SERVICES PROVIDED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LEGAL & GENERAL AMERICA, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LEGAL & GENERAL AMERICA, INC. MAKES NO WARRANTY THAT: (i) THE SERVICES PROVIDED ON THE SITE WILL MEET ANY OF YOUR REQUIREMENTS, (ii) THE SERVICES PROVIDED ON THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE ON THE SITE WILL BE USEFUL, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE OPERATION OF THE SITE INCLUDING THE OPERATION OF ANY SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (OR ANY COMPONENT CONNECTED TO YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL.
20. Limitation of Liability.
Legal & General America, Inc. shall not be liable to you or any third party claiming through you for any damages in connection with your inability to use the Service and the Site or any content appearing on the Site. In no event will Legal & General America, Inc. be liable to you or any third party claiming through you for any indirect, consequential, exemplary, punitive, special or incidental damages, including without limitation, damages arising from claims related to personal injury or death, loss of data, lost revenue, lost profits, loss of use or other economic advantage, change in applicable government regulations, regardless of the form of the action and regardless of whether LGA or ALittleHelp has been advised of the possibility of such damages. In no event will the total, cumulative liability of Legal & General America, Inc. damages under this Agreement exceed one hundred dollars ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Legal & General America, Inc., its subsidiaries, affiliates, directors, officers, agents, vendors or other partners, and employees, from any claim or demand, including attorneys' fees, made by any third party due to or arising out of any material or information posted, provided, transmitted, or otherwise made available by you on the Site, or by your use of the Site, or by your violation of Legal & General America, Inc.'s Site Terms, or your violation of the rights of another.
These Site Terms constitute the entire agreement between you and Legal & General America, Inc. and govern your use of the Site.
The Site Terms and the relationship between you and Legal & General America, Inc. shall be governed by the laws of the State of Maryland, United States of America, without regard to its conflict of law provisions. You and Legal & General America, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Frederick, Maryland, USA.
You agree that, except as otherwise expressly provided in these Site Terms, there shall be no third party beneficiaries to this agreement.
The failure of Legal & General America, Inc. to exercise or enforce any right or provision of the Site Terms shall not constitute a waiver of such right or provision. Any waiver by us does not constitute a continuing waver. If any provision of the Site Terms is found by a court of competent jurisdiction to be invalid, the other terms and provisions of the Site Terms shall remain in full force and effect.
You agree that your ALittleHelp.com user account is non-transferable and your access to your account or contents within your account will terminate one year after your event date.
You agree that any claim or cause of action that you have arising out of or related to use of any services provided on our Site or Site Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.