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As of September 13, 2023
Universal Gifted Savings, Inc. is a Delaware public benefit corporation (“USG”, “we” or “us”) that provides a platform for those persons and companies that wish to make direct gifts of wealth to eligible persons in participating communities (the “Program”). We provide the Program through our website currently located at https://giftedsavings.org/ and all associated websites and subpages (collectively, the “Site”), any and all related mobile applications we may make available (collectively, “Application”), together with all enabled features, functionality and services offered by us in connection with the Site and Application (collectively, “Services”). Eligible persons who receive direct gifts from participating in the Program are referred to as “Recipients”. Individuals and companies that make the direct gifts of stock, cash or other property for the benefit of the Recipients are referred to as “Donors”. These terms and conditions (“Terms”) govern each Recipient’s and Donor’s access and use of the Services.THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR PARTICIPATION IN THE PROGRAM AND YOUR ACCESS AND USE OF THE SITE AND SERVICES. BY ACCESSING AND USING THE SITE AND SERVICES, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT).THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Terms of Access and Use
Subject to these Terms, we grant you a limited, non-exclusive, nontransferable personal license to access and use the Services. The rights granted to you by these Terms may be revoked by USG at any time, in its sole discretion. Except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.In addition to the restrictions listed above, you may not:• rent, transfer, assign, resell or sublicense access to the Services to any third-party;• combine or integrate the Services with hardware, software or other technology or materials not provided by us;• use the Services to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;When you download the Application under these Terms you are granted a limited, non-exclusive, non-transferable license to use the Services on a computer, tablet or mobile device that you own or control. If you have accessed or downloaded the Application from any “app” store or distribution platform, such as the Apple App Store or Google Play (“App Provider”), you acknowledge and agree that: (i) these Terms and the license granted herein are between you and us only and we are solely responsible for the Application; (ii) the App Provider has no obligation to furnish any maintenance and support services for the Application; (iii) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application; (iv) the App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the Application, and that, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Application against you as a third party beneficiary thereof; and (v) you will comply with all applicable third party terms of service when using the Application, including any applicable App Provider terms of service. The Application may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop the Application and may take the form of bug fixes, enhanced functions, new software modules and new versions.
Program Recipients and Donors
1. Recipient Eligibility.(a) To qualify for the gifted savings as a Recipient, you must reside within specific zip codes as determined by UGS. Before participating in the Program and using the Service, you must undergo a home address and ID verification process. Recipients are required to provide accurate gross income and dependent information to validate their financial need. To participate in the Program, your gross income can be no more than three times the United States poverty level. (b) Recipients must provide accurate and truthful information during the Program application and verification process. Providing false, misleading, or inaccurate information may result in disqualification from the Program. (c) Recipients must participate in research run through University of Pennsylvania’s Center for Guaranteed Income (CGIR) through periodic surveys and interviews during the two-year research period (the “CGIR Program”). Your failure to participate in such periodic surveys and interviews or comply with the terms of the CGIR Program will result in your being terminated from the Program which means that you will forfeit all financial benefits provided by the Program.(d) Recipients cannot be a current member of the YSEQUITY program. However, YSEQUITY alumni are allowed to participate in the Program.2. Gifted Savings Investments. The specific amount gifted and vesting schedule of the gifted savings will be determined by the Donor and may vary based on the city and other factors. UGS offers gifted savings to Recipients in the form of cash, digital currency and stocks (the “GS Investments”). Each Recipient acknowledges and agrees that (i) Recipient’s GS Investments may fluctuate in value based on the market and current economic climate, (ii) UGS is not acting as a fiduciary with respect to any Recipient and will not provide any investment advice with respect to a Recipient’s GS Investments, (iii) Recipient may suffer a complete loss of their GS Investments, and (iv) UGS is not responsible for any specific financial decisions made by Recipients.3. Ownership of GS Investments. Recipient acknowledges that Recipient’s will only hold a beneficial interest in the GS Investments. Legal title to all GS Investments shall be held and vested the name of UGS and no GS Investment shall be deemed to be owned by a Recipient individually until such time as the GS Investments are distributed to Recipient pursuant to these Terms. Each Recipient agrees to and irrevocably waives any right or power such Recipient might have (a) to cause any GS Investments to be partitioned, (b) to cause the appointment of a receiver for any GS Investments, or (c) to compel any distribution or sale of all or any part of any GS Investments. 4. Distribution Process. Upon enrollment, Recipients have the option to receive a sign-up distribution of up to $100 from Recipient’s GS Investments. Aside from emergency distributions, and subject to UGS’s discretion, Recipients cannot withdraw funds until the second anniversary of the enrollment in the Program. At the end of this two-year period, Recipients may cash out their GS Investments or continue to participate in the Program. Any applicable withdrawal fees or processing times will be communicated to you at the time of withdrawal.5. Emergency Distributions. Recipients can press the emergency button on the Application to withdraw up to 25% of their GS Investments. These emergency distributions are limited to an equivalent value of $500 per year. For example, if a recipient is gifted two shares of Tesla stock and the market value drops by 50% then Recipient can choose to cash out up to 25% of their Tesla stock up to an equivalent of $500 of value.6. Use of Gifted Savings. Subject to these Terms, the GS Investments can be used at Recipient’s discretion with no limitation or requirements on how the GS Investments may be used. 7. Donor Contributions. Each Donor acknowledges and agrees that UGS may use each Donor’s contribution to support the Programs and Services offered by UGS and that in addition to funding a Recipient’s GS Investment, a portion of Donor contributions may be used to fund the operations of UGS. All Donor contributions are non-refundable and are not subject to any Recipient’s completion of a Program.8. Withdrawal from CGIR Program. In the event UGS withdraws from a CGIR Program for any reason prior to the completion of such CGIR Program, UGS shall promptly distribute to those Recipients enrolled in such CGIR Program each Recipient’s remaining balance of their GS Investments.
Registration and Accounts
In order to use certain features of the Services, you may be required to register for an account (“Account”) with us and provide certain information about yourself as prompted by the Account registration form. You represent and warrant that all required registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from unauthorized access to your Account or your failure to comply with the above requirements.
Privacy
For information regarding our collection and use of information you provide to us, please refer to the Services privacy policy (“Privacy Policy”), located here (https://giftedsavings.org/privacy) which shall supplement and be incorporated into these Terms by reference. By entering into these Terms, you agree to our collection, use and disclosure of your personal information in accordance with our Privacy Policy.
Recipient User Content
The features and functionality of the Services may allow Recipients to submit, upload, store and/or share reviews, comments, questions, messages, text and other content, information or materials (“User Content”) directly through the Services. You are solely responsible for the User Content you submit through the Services. UGS reserves the right to reject and/or remove any User Content or other content that UGS believes in its sole discretion violates these provisions. UGS takes no responsibility and assumes no liability for any User Content that you post, use, store or share through the Services. You agree not to submit User Content that:• may constitute or contribute to a crime or tort;• contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, otherwise objectionable or content that may be deemed to constitute “hate speech”• contains any information or content that you know is not correct and current.
Ownership
As between you and us, we retain all right, title and interest in and to the Services, and all related intellectual property rights. All rights in and to the Services not expressly granted herein are reserved. You may not copy, distribute, publicly perform, publicly display, or create derivative works from any copyrighted work made available or accessible via the Services. All trademarks, logos and service marks (“Marks”) displayed on the Services are either our property, or the property of third parties. You are not permitted to use these Marks without our prior written consent, or the consent of such third-party owner of the Mark(s) if not owned by UGS.Links to Third-
Party Websites or Services
You may be able to access websites, content, products or services provided by third parties through links that are made available on the through the Services (“Third-Party Services”). If you elect to use such Third-Party Services, you understand that your use of them will be subject to any terms and conditions required by the applicable third parties. You understand that UGS is not the provider of, and (to the maximum extent legally permitted) is not responsible for, any such Third-Party Services or any transactions or use thereof. Where the Services include any links to Third Party Services, this does not imply any endorsement by us of the goods, services or materials available on such Third-Party Services.
Disclaimer
THE PROGRAM, SITE AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND UGS (AND OUR LICENSORS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR LICENSORS) MAKE NO WARRANTY THAT THE PROGRAM, SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PROGRAM, SITE OR SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL UGS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE PROGRAM, SERVICES OR SITE, EVEN IF UGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE PROGRAM, SITE AND SERVICES IS AT YOUR OWN DISCRETION AND RISK.TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UGS’ LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Hold Harmless
Each Recipient and each Donor agrees to participate in the Program and use the Site and Services at their own sole risk, and agree to hold harmless UGS, its licensors and/or any of our or their respective directors, officers, employees, agents, successors and assigns from any and all liability, harm, damages, costs (including attorney's fees and legal and court costs), expenses, allegations, claims and legal action of any kind at any time or of any sort that may arise from your participation in the Program and use of the Services, any violation of these Terms or of applicable law, or any third party claim of infringement of any intellectual property rights. Your agreement to these Terms shall permanently and wholly bar you from any legal action of any sort towards UGS for your participation in the Program and your use of the Services or any resultant effects of any sort, shape, kind or type, including any statutory and/or tort actions, specifically inclusive of any legal, action of any type, kind, or sort.
Modifications
We may change these Terms from time to time and expect to do so as we evolve and expand the Services. Any such changes will become effective immediately without your assent thereto. Continuing use of the Services after changes to the Terms have been posted shall be deemed assent to the changes. If you object to any such changes, your sole recourse will be to cease using the Services. Continued use of the Services following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes.
Dispute Resolution.
(a) Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and UGS and our employees, agents, successors, or assigns, regarding or relating to the Program, Site, Services or these Terms shall exclusively be settled through binding and confidential arbitration.(b) Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.(c) You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.(d) You and we must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.(e) Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Los Angeles County, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Los Angeles County, California in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles County, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.(f) Notwithstanding any provision in this Agreement to the contrary, if we seek to terminate the Dispute Resolution section as included in these Terms, any such termination shall not be effective until 30 days after the version of these Terms not containing the agreement to arbitrate is posted to the Site, and shall not be effective as to any claim of which you provided Company with written notice prior to the date of termination.(g) For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.(h) Any and all controversies, disputes, demands, counts, claims, or causes of action between you and UGS and our employees, agents, successors, or assigns, regarding or relating to these Terms or the Site shall exclusively be governed by the internal laws of the State of California, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
Termination
We may terminate or suspend your participation in the Program or your use of the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Miscellaneous
These Terms constitute the entire agreement between you and us regarding your participation in the Progam and your access and use of the Site and Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without UGS’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. UGS may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
As of August 23, 2024
Universal Gifted Savings, Inc. is a Delaware public benefit corporation (“UGS”, “we” or “us”) that provides a platform for those persons and companies that wish to make direct gifts of wealth to eligible persons in participating communities (the “Programs”). We provide the Programs through our website currently located at https://giftedsavings.org/ and all associated websites and subpages (collectively, the “Site”), any and all related mobile applications we may make available (collectively, “Application”), together with all enabled features, functionality and services offered by us in connection with the Site and Application (collectively, “Services”). Eligible persons who receive direct gifts from participating in a Program are referred to as “Recipients”. Individuals and companies that make the direct gifts of stock, cash or other property for the benefit of the Recipients are referred to as “Donors”. These terms and conditions (“Terms”) govern each Recipient’s and Donor’s access and use of the Services.
Participation Eligibility
The Services made available through this Site are available to Recipients who are 18 or older. If you are under 18, you represent that you have your parent or guardian’s permission to use the Services and participate in a Program. Please have your parents or guardian read this Agreement with you. If you are a parent or guardian of a Recipient under the age of 18, by allowing your child to use the Services, you are subject to the terms of this Agreement and responsible for your child’s participation in a Program. Under no circumstances will minors under the age of 13 be allowed to participate in any Program. By registering, you represent that you are a person of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdictions and are either accepting these Terms of Service on behalf of yourself or your child. You are liable for all activities conducted through the Services, and parents or guardians are liable for the activities of their child.
Terms of Access and Use
Subject to these Terms, we grant you a limited, non-exclusive, nontransferable personal license to access and use the Services. The rights granted to you by these Terms may be revoked by UGS at any time, in its sole discretion. Except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms. In addition to the restrictions listed above, you may not: (i) rent, transfer, assign, resell or sublicense access to the Services to any third-party; (ii) combine or integrate the Services with hardware, software or other technology or materials not provided by us;(iii) use the Services to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services. When you download the Application under these Terms you are granted a limited, non-exclusive, non-transferable license to use the Services on a computer, tablet or mobile device that you own or control. If you have accessed or downloaded the Application from any “app” store or distribution platform, such as the Apple App Store or Google Play (“App Provider”), you acknowledge and agree that: (i) these Terms and the license granted herein are between you and us only and we are solely responsible for the Application; (ii) the App Provider has no obligation to furnish any maintenance and support services for the Application; (iii) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application; (iv) the App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the Application, and that, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Application against you as a third party beneficiary thereof; and (v) you will comply with all applicable third party terms of service when using the Application, including any applicable App Provider terms of service. The Application may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop the Application and may take the form of bug fixes, enhanced functions, new software modules and new versions.
Program Recipients and Donors
To qualify for particular Gifted Savings Programs as a Recipient, you must reside within specific zip codes as determined by UGS. Before participating in a Program and using the Services, you must undergo a home address and ID verification process. To participate in a Program, you must be enrolled as a student at a UGS partner school. Recipients must provide accurate and truthful information during a Program application and verification process. For those Recipients currently enrolled in high school, you hereby consent to UGS confirming your student status by directly contacting a school representative. Providing false, misleading, or inaccurate information may result in disqualification from a Program. Recipients must participate in research conducted by UGS and/or in collaboration with the particular institution or agency that conducts the Program through periodic surveys and interviews during a Program period. For example, certain Recipients who participate in the Program sponsored by the University of Pennsylvania’s Center for Guaranteed Income (CGIR) must participate in CGIR’s periodic surveys and interviews. Your failure to participate in such periodic surveys and interviews or comply with the terms of a Program will result in your being terminated from the Program which means that you will forfeit all financial benefits provided by the Program.
Gifted Savings Investments
The specific amount gifted and vesting schedule of the gifted savings will be determined by the Donor and UGS and may vary based on the city and other factors. UGS offers gifted savings to Recipients in the form of cash, digital currency and stocks (the “GS Investments”). Each Recipient acknowledges and agrees that (i) Recipient’s GS Investments may fluctuate in value based on the market and current economic climate, (ii) UGS is not acting as a fiduciary with respect to any Recipient and will not provide any investment advice with respect to a Recipient’s GS Investments, (iii) Recipient may suffer a complete loss of their GS Investments, and (iv) UGS is not responsible for any specific financial decisions made by Recipients.
Ownership of GS Investments
Recipient acknowledges that Recipients will only hold a beneficial interest in the GS Investments. Legal title to all GS Investments shall be held and vested the name of UGS and no GS Investment shall be deemed to be owned by a Recipient individually until such time as the GS Investments are distributed to Recipient pursuant to these Terms. Each Recipient agrees to and irrevocably waives any right or power such Recipient might have (a) to cause any GS Investments to be partitioned, (b) to cause the appointment of a receiver for any GS Investments, or (c) to compel any distribution or sale of all or any part of any GS Investments.
Distribution Process
Recipients cannot withdraw funds from their GS Investments account until they turn 18 and complete high school. At the end of this period, Recipients may cash out their GS Investments or continue to participate in the Program. Any applicable withdrawal fees or processing times will be communicated to you at the time of withdrawal.
Withdrawal from CGIR Program
In the event UGS withdraws from a CGIR Program for any reason prior to the completion of such CGIR Program, UGS shall promptly distribute to those Recipients enrolled in such CGIR Program each Recipient’s remaining balance of their GS Investments.
Registration and Accounts
In order to use certain features of the Services, you may be required to register for an account (“Account”) with us and provide certain information about yourself as prompted by the Account registration form. You represent and warrant that all required registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from unauthorized access to your Account or your failure to comply with the above requirements.
Privacy
For information regarding our collection and use of information you provide to us, please refer to the Services privacy policy (“Privacy Policy”), located here (https://giftedsavings.org/privacy) which shall supplement and be incorporated into these Terms by reference. By entering into these Terms, you agree to our collection, use and disclosure of your personal information in accordance with our Privacy Policy.
Recipient User Content
The features and functionality of the Services may allow Recipients to submit, upload, store and/or share reviews, comments, questions, messages, text and other content, information or materials (“User Content”) directly through the Services. You are solely responsible for the User Content you submit through the Services. UGS reserves the right to reject and/or remove any User Content or other content that UGS believes in its sole discretion violates these Terms. UGS takes no responsibility and assumes no liability for any User Content that you post, use, store or share through the Services. You agree not to submit User Content that: (i) may constitute or contribute to a crime or tort; (ii) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, otherwise objectionable or content that may be deemed to constitute “hate speech” or (iii) contains any information or content that you know is not correct and current. Each Recipient, including such Recipient’s parents and guardians, acknowledge and agree that (i) under the Hold Harmless provisions below, UGS shall have no liability with respect to any User Content created or posted through the Services and (ii) the Services provided by UGS under these Terms shall be deemed an “interactive computer service” for purposes of Section 230 of the Communications Decency Act of 1996.
License to User Content
By submitting, posting, or displaying User Content through the Services, you grant UGS a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content in any and all media or distribution methods (now known or later developed). You represent and warrant that you own the User Content posted by you on or through the Services or otherwise have the right to grant the license described in this paragraph. The posting and use of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity. You are solely responsible for your User Content and the consequences of posting or publishing it. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. By posting User Content to our Site, you waive any rights to privacy, confidentiality, or any other rights that might otherwise limit our use of the User Content.
Media Consent and Release
Each Recipient acknowledges that UGS may produce certain audio and/or visual works in connection with a Recipient’s participation in the Program and to being personally identifiable in the resulting media, regardless of production method, including, without limitation, digital and analog photography and videography, and audio recordings (the “Media”). Each Recipient authorizes UGS, its agents, representatives, assigns, successors to photograph, audiotape, and/or videotape all Recipients and grants UGS the irrevocable right to use a Recipient’s photograph, audio recording, video recording, or any reproduction or modification thereof, in any manner or medium throughout the world an unlimited number of times in perpetuity in advertising, promotion, exhibition, or any other lawful purpose. Each Recipient understands that a Recipient will not receive any monetary compensation for the permissions granted herein. Each Recipient waives any right of inspection or approval of any Media used by UGS. Given that UGS is relying on each Recipient’s permission to use the Media, all Recipients release and discharge UGS from any and all claims and demands arising out of or in connection with exercising the permissions granted herein, including any or all claims for libel, invasion of privacy, or emotional distress.
Ownership
As between you and us, we retain all right, title and interest in and to the Services, and all related intellectual property rights. All rights in and to the Services not expressly granted herein are reserved. You may not copy, distribute, publicly perform, publicly display, or create derivative works from any copyrighted work made available or accessible via the Services. All trademarks, logos and service marks (“Marks”) displayed on the Services are either our property, or the property of third parties. You are not permitted to use these Marks without our prior written consent, or the consent of such third-party owner of the Mark(s) if not owned by UGS.Links to Third-Party Websites or ServicesYou may be able to access websites, content, products or services provided by third parties through links that are made available on the through the Services (“Third-Party Services”). If you elect to use such Third-Party Services, you understand that your use of them will be subject to any terms and conditions required by the applicable third parties. You understand that UGS is not the provider of, and (to the maximum extent legally permitted) is not responsible for, any such Third-Party Services or any transactions or use thereof. Where the Services include any links to Third Party Services, this does not imply any endorsement by us of the goods, services or materials available on such Third-Party Services.
Disclaimer
THE PROGRAM, SITE AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND UGS (AND OUR LICENSORS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR LICENSORS) MAKE NO WARRANTY THAT THE PROGRAM, SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PROGRAM, SITE OR SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL UGS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE PROGRAM, SERVICES OR SITE, EVEN IF UGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE PROGRAM, SITE AND SERVICES IS AT YOUR OWN DISCRETION AND RISK.TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UGS’ LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Hold Harmless
Each Recipient and each Donor agrees to participate in a Program and use the Services at their own sole risk, and agree to hold harmless UGS, its licensors and/or any of our or their respective directors, officers, employees, agents, successors and assigns from any and all liability, harm, damages, costs (including attorney's fees and legal and court costs), expenses, allegations, claims and legal action of any kind at any time or of any sort that may arise from your participation in a Program and use of the Services, any violation of these Terms or of applicable law, or any third party claim of infringement of any intellectual property rights. Your agreement to these Terms shall permanently and wholly bar you from any legal action of any sort towards UGS for your participation in a Program and your use of the Services or any resultant effects of any sort, shape, kind or type, including any statutory and/or tort actions, specifically inclusive of any legal, action of any type, kind, or sort.
Modifications
We may change these Terms from time to time and expect to do so as we evolve and expand the Services. Any such changes will become effective immediately without your assent thereto. Continuing use of the Services after changes to the Terms have been posted shall be deemed assent to the changes. If you object to any such changes, your sole recourse will be to cease using the Services. Continued use of the Services following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes.
Dispute Resolution.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and UGS and our employees, agents, successors, or assigns, regarding or relating to a Program, Site, Services or these Terms shall exclusively be settled through binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes. You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. You and we must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law. Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Los Angeles County, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Los Angeles County, California in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles County, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate. Notwithstanding any provision in this Agreement to the contrary, if we seek to terminate the Dispute Resolution section as included in these Terms, any such termination shall not be effective until 30 days after the version of these Terms not containing the agreement to arbitrate is posted to the Site, and shall not be effective as to any claim of which you provided Company with written notice prior to the date of termination. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org. Any and all controversies, disputes, demands, counts, claims, or causes of action between you and UGS and our employees, agents, successors, or assigns, regarding or relating to these Terms or the Site shall exclusively be governed by the internal laws of the State of California, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
Termination
We may terminate or suspend your participation in the Program or your use of the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Miscellaneous
These Terms constitute the entire agreement between you and us regarding your participation in a Program and your access and use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without UGS’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. UGS may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.