These General Terms and Conditions were last updated in May, 2025

GENERAL TERMS AND CONDITIONS

1. Our Policies
The following policies govern access to and use of The Goodies Factory, Inc., a Michigan corporation (“TGF,” “we,” “our” or “us”) websites, mobile application, products, and services (collectively, the “Service,” or “Services”) by individuals and entities (collectively, “you” and “your”). Our Privacy Policy (“Privacy Policy”) and Fundraising Policy (“Fundraising Policy”) are incorporated into these Terms and Conditions and are considered part of them (collectively, the “Policies”). The most recent versions of these policies can be found on the thegoodiesfactory.com website and in the mobile application. In the event of any conflict between these Terms and Conditions, the Privacy Policy, and the Fundraising Policy, the order of precedence will be as follows: (a) Privacy Policy, (b) Fundraising Policy, and (c) the body of these Terms and Conditions. By accessing or using the Services, you acknowledge you have read, understood, and agree to be bound by these Policies. If you do not agree to these Policies, you are not authorized to use the Services.

2. Use of Content
The text, images, data, illustrations, files, audio and video clips, designs, documents, and other materials (collectively, the “Content”) available on the Service are the property of TGF, its affiliates, and licensors, and may be protected by copyright and other proprietary rights. You are not permitted to copy, modify, distribute, or otherwise use any of the Content except for personal, non-commercial purposes. We reserve the right to withdraw any Content from the Service at any time, at our sole discretion.
By downloading, printing, or otherwise using any of the Content, you agree to: (a) limit your use of such Content to personal, non-commercial purposes; (b) comply with these Terms and Conditions; and (c) not infringe on the rights of TGF or any other individual or entity. Unauthorized commercial publication or exploitation of the Content is strictly prohibited without our express written consent.
If you wish to use any of the Content beyond what is authorized by these Terms and Conditions, you must first obtain our written permission. Such permission may be granted or denied at our sole discretion, and we may charge a fee for any authorized use.

3. User Accounts
To access certain sections of our Services, you may need to create a user account (“User Account”). Currently, only residents of the United States are permitted to (a) create User Accounts or (b) use the Service, except for the purpose of learning more about TGF. You may not use another party’s User Account without their express written consent. You represent, warrant, and agree that all information you provide when creating your User Account, participating in fundraising, or engaging with the Service will be current, accurate, legally compliant, and complete. You are solely responsible for all activity associated with your User Account, including maintaining the security of your login credentials (username, Multi-Factor Authentication (MFA) access codes, etc.). You agree to notify us immediately of any security breaches or unauthorized use of your User Account. We are not liable for any costs, losses, claims, or damages you or any third party may incur due to unauthorized use of your User Account, except where such unauthorized use is the direct result of our gross negligence or willful misconduct.
You authorize your wireless carrier to disclose information about your account and wireless device, if available, to TGF or its service provider during the course of your business relationship, solely to assist with service delivery, help identify you or your wireless device, and prevent fraud. Please refer to our Privacy Policy for details on how we handle your data.

4. Intellectual Property and Ownership
The names, titles, trademarks, service marks, logos, design, graphics, images, and other materials (collectively, the “Intellectual Property”) displayed on the Service are the property of TGF, and may be copyrights, or registered or unregistered trademarks of ours, our affiliates, or our licensors. Nothing on the Service should be interpreted as granting, by implication or otherwise, any license or right to use any Intellectual Property without our express written permission or that of the third-party owner. Unauthorized use of the Intellectual Property is strictly prohibited.

5. Digital Millennium Copyright Agent
In accordance with the Digital Millennium Copyright Act (“DMCA”), we have designated an agent to receive notices of claimed infringement. If you believe that your copyrighted material has been infringed, please contact our DMCA Agent as detailed in the “Contact Information” section below.
6. Minors
The Services are intended solely for individuals who are 18 years of age or older, unless otherwise specified. Individuals under 18 may use these resources only with the consent and supervision of a parent or legal guardian. In such cases, the supervising adult assumes full responsibility for all activities conducted by the minor. California residents under 18 years of age may request the removal of any User Content they have posted by emailing us at [email protected]. For further information on California privacy rights, please refer to the “Do Not Sell My Personal Information” section on the Services.

7. FTC Disclosure Policy
In compliance with Federal Trade Commission (FTC) regulations, TGF is required to disclose any material connections with individuals or entities that provide something of value in relation to endorsements made by us. The views and opinions expressed on the Service represent our own or those of users who hold User Accounts. When we endorse a product, service, or topic, we do so based on our belief in its value and relevance, drawn from our expertise. Any compensation received for endorsements will be disclosed in writing.

8. Fraud Protection
To ensure the integrity of our order processing, we may monitor activity on the Service for signs of fraud or other unauthorized or illegal behavior. We reserve the right to deny services or transactions if we suspect such activities. In cases of suspected fraud, unauthorized, or illegal activity, we may reach out to you via the phone number or email address you provided. Additionally, we reserve the right to cancel any User Accounts or refuse to provide services if we detect suspicious behavior.

9. Links to Third-Party Websites and Email Addresses
The Service may include links to third-party websites. These links are provided for your convenience only and are not under the control of TGF. We are not responsible for the content, policies, or practices of any linked websites and do not endorse or sponsor these sites. Additionally, the Service may feature links to email addresses for various employees or service providers for feedback and communication regarding our products and services. Clicking on such email links may direct you to external areas, such as those managed by your email service provider, which are not governed by our Terms and Conditions. We assume no responsibility or liability for your activities in these external areas.

10. Non-Malicious Use
You agree not to use or deploy any automated systems, including but not limited to “bots,” “spiders,” or “offline readers,” that access the Service in a manner that exceeds the volume of requests a human user could reasonably generate with a conventional web browser in the same time period. However, operators of public search engines are permitted to use spiders to index materials from the Services solely for the purpose of creating publicly available searchable indices, but not for caching or archiving.
We reserve the right to revoke these exceptions at our discretion. You also agree not to collect or harvest any personally identifiable information, including names or details related to User Accounts, from the Service. Additionally, you must not use our communication systems, including but not limited to the chat feature, for commercial solicitation purposes.
You agree not to circumvent, disable, or interfere with any security features of the Service, or features that restrict the use or copying of any content, or enforce limitations on the use of the Service and its content. Your use of the Service must comply with all applicable federal, state, local, and international laws and regulations. You must not use the Service to promote illegal activities or to advocate, promote, or assist any unlawful acts.

11. User Submissions
By providing any information through the Service (“User Content”), you agree that it will be truthful, accurate, and complete. User Content may include account information, data provided in Stores (as defined in the Fundraising Policy), and chat interactions. Except as specifically agreed upon in a separate written agreement or required by law, we have no obligations regarding User Content.
You agree not to submit any User Content that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that includes proprietary material from another person or entity. By uploading User Content, you grant TGF and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid, transferable, sublicensable, perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use the User Content in connection with the operation, promotion, advertising, or marketing of the Service, in any form or medium, now known or later developed.
If User Content includes your name, image, or likeness, you release and hold harmless TGF and its contractors and employees from any liability or claims related to (i) invasion of privacy, publicity, or libel; (ii) blurring, distortion, alteration, optical illusion, or other exploitation of your name, image, or likeness; and (iii) any claims arising from your User Content, name, image, or likeness. You waive any right to inspect or approve any intermediary or final versions of results using your User Content (including your name, image, or likeness).
If your User Content features other individuals, you represent and warrant that you have obtained all necessary licenses, waivers, and releases from those individuals, consistent with the rights granted herein. Your participation and submission of User Content are voluntary, and you will not receive any financial compensation related to the use of your User Content by TGF. The only consideration is the opportunity to use the Services.
You acknowledge that TGF may preserve and disclose User Content as required by law or to (a) comply with legal processes, laws, or government requests; (b) enforce these Terms of Service; (c) address claims that content violates third-party rights; or (d) protect the rights, property, or safety of TGF, its users, or the public. By using the Service, you consent to the inclusion of your User Content in TGF’s marketing and advertising materials. For more information on how your User Content may be used and shared, please refer to our Privacy Policy.

12. Limited Access
Occasionally, the Service may become inaccessible or inoperable due to factors such as equipment malfunctions, updates, maintenance, repairs, or other causes beyond our control or not reasonably foreseeable. We are not responsible for any inconvenience or loss resulting from such interruptions and are not obligated to provide compensation for these conditions.

13. Warranty Disclaimers
The information and descriptions provided on the Services are for general informational purposes and may not cover all terms, exclusions, and conditions applicable to each product or service we offer. We make no representations or warranties regarding the suitability, completeness, timeliness, or reliability of such content for your needs. All text, images, and other content on the Service are provided “as is” without any warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee that the Services will be uninterrupted or free from errors, viruses, or other harmful code, nor do we warrant that any errors or defects will be corrected. You acknowledge that such downtime may impact your Store (as defined in the Fundraising Policy), sales, and participation in sales contests. Some jurisdictions do not allow the exclusion of certain warranties, so some of the limitations stated above may not apply to you.

14. Limitation of Liability
To the fullest extent permitted by applicable law, neither TGF, nor any of its affiliates, nor any of their respective owners, partners, members, managers, officers, employees, agents, or representatives (collectively, “TGF Parties”), shall be liable for any losses or damages, including but not limited to direct, indirect, consequential, compensatory, special, punitive, or incidental damages, or damages arising from loss of revenue, lost profits, or loss of data, even if TGF has been advised of the possibility of such damages. This limitation applies to damages arising out of or related to:
(a) Your use of, reliance on, or inability to use the Service; (b) Any conduct or content of third parties on the Service; (c) The content or services provided on or received from the Service; or (d) Unauthorized access, use, or alteration of User Content.
To the maximum extent permitted by applicable law, the aggregate liability of all TGF Parties to you for all damages, losses (including those arising from contract, negligence, statutory liability, or otherwise), or causes of action shall not exceed the greater of:
(a) The amount you have paid to TGF Parties in the six (6) months preceding the claim; (2) The amount you have sold through a Store available via the Service in that six-month period (if you operate a Store); or (3) One hundred dollars ($100).
Some jurisdictions do not allow the limitation or exclusion of liability for certain types of damages or losses. Therefore, some of the limitations outlined above may not apply to you.

15. Indemnity
You agree to indemnify and hold harmless TGF Parties from any loss, liability, claim, or demand, including reasonable attorneys’ fees and costs, arising out of or related to:
(a) Your breach of these Terms and Conditions; (b) Your violation of any third-party rights; or (c) Your gross negligence, intentional misconduct, or illegal conduct.

16. Reservation of Rights
We expressly reserve all rights not granted to you in these Terms and Conditions.

17. Contact Information
For inquiries regarding:
(a) Information about our products and services; (b) Permission to reproduce or use any Content; (c) Notices of claimed infringement under the DMCA; or (d) Any other reason,
please contact us as follows:
The Goodies Factory, Inc.
1038 South Washington
Holland, Michigan 49423
Phone: 616-395-3663
Email: [email protected]
Please note that only DMCA notices should be sent to the above contact. For all other feedback, comments, technical support requests, and general inquiries, please reach out to TGF Customer Service through our designated channels.
Failure to comply with the requirements of this Section 17 may result in your DMCA notice being deemed invalid. This contact information is provided specifically for DMCA purposes, and we reserve the right to respond only to communications relevant to this matter.

18. Termination
TGF reserves the right to discontinue any aspect of the Service at any time. We will make reasonable efforts to provide advance notice of such changes.

19. Severance and Waiver
If any provision of these Terms and Conditions is found by a court to be invalid, unlawful, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected or impaired. Our failure to exercise or enforce any right or provision under these Terms and Conditions does not constitute a waiver of that right or provision.

20. Venue and Choice of Law
IMPORTANT NOTICE: ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: By using the Service, you agree that disputes will be resolved through binding, individual arbitration, and you waive your right to a jury trial or participation in a class action. Please review this section carefully.
You acknowledge and agree to the following:
(a) The Services are deemed to be solely based in Michigan; and
(b) The Services do not give rise to personal jurisdiction over us in jurisdictions other than Michigan.
These Terms and Conditions are governed by the laws of the State of Michigan, without regard to its conflict of laws principles. Any disputes related to these Terms and Conditions, the Service will be settled by binding, individual arbitration in Holland, Michigan. The arbitration will be confidential and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA).
To initiate arbitration, the party must provide written notice of a Demand for Arbitration. If the parties cannot agree on an arbitrator within twenty days, they shall request the AAA to appoint one. The arbitration panel will consist of three arbitrators with at least seven years of experience in commercial contract disputes and will include a written record of the hearing. Decisions will be in writing, detailing conclusions of law and fact, and will include an assessment of costs and reasonable attorneys’ fees.
Arbitration awards can be confirmed and enforced in Michigan courts.
Arbitration Waiver: All disputes between you and TGF, its affiliates, and their representatives will be resolved through binding, individual arbitration, and you expressly waive any right to a trial by jury or class action. Arbitration may limit discovery and appeal rights compared to a court trial.
Exceptions: Notwithstanding the above, we may seek injunctive relief from a court to prevent misuse of the Service, you may bring individual actions in small claims court, and you may pursue other claims in court if such rights cannot be waived under applicable law.

21. Timing of a Claim
Any arbitration must be initiated by the aggrieved party within one (1) year of the conduct that gives rise to the dispute or cause of action related to the Service, or these Terms and Conditions. If arbitration is not initiated within this one-year period, the cause of action will be permanently barred from arbitration and litigation.

22. Prevailing Parties
In any action to enforce or interpret these Terms and Conditions, including arbitration proceedings, the prevailing party is entitled to recover reasonable attorneys’ fees and other costs incurred in connection with the suit, action, or arbitration, including any appeals. The determination of the prevailing party and the amount of reasonable attorneys’ fees to be awarded will be made by the tribunal handling the matter, whether it be an arbitration panel, court, or appellate court.

23. Entire Agreement

You agree that these Terms and Conditions, along with the Privacy Policy and the Fundraising Policy, constitute the entire agreement between you and us regarding your use of the Service. These Terms and Conditions supersede all prior agreements and understandings, whether written or oral, between you and us concerning your use of the Service.

24. Changes to Terms and Conditions

TGF reserves the right, at its sole discretion, to modify, add, or remove portions of these Terms and Conditions at any time. We will notify you of any material changes by posting the updated Terms and Conditions on the Services and updating the “Last Updated” date at the top of these Terms and Conditions. Your continued use of the Services after any modifications constitutes your acceptance of the revised Terms and Conditions. It is your responsibility to review these Terms and Conditions periodically for any changes.

This Fundraising Policy was last updated in May, 2025

FUNDRAISING POLICY

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY INCLUDE DISPUTE RESOLUTION PROVISIONS REQUIRING ARBITRATION, WHICH MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT. Capitalized terms not defined in this Fundraising Policy have the meanings assigned to them in the General Terms and Conditions.

1. Our Policies
The Goodies Factory, Inc., a Michigan corporation (“TGF,” “we,” “our” or “us”) Terms and Conditions (the most recent version of which can be viewed on the Services) and our Privacy Policy (the most recent version of which can also be viewed on the Services) are incorporated into this Fundraising Policy by reference. By accessing or using any portion of our Service, you agree to be bound by these policies.
2. Fundraiser Campaigns
Our fundraising service (“Fundraising Service”) allows users to create and manage online store or shop pages (“Stores” or “Shops”) through the mobile application. Users can promote their Stores via social media and other online channels to support their fundraising efforts. Please note that TGF reserves the right to modify, suspend, or discontinue any Fundraising Service at its discretion and at any time.

a. Sponsors
A sponsor (“Sponsor”) is an authorized individual responsible for managing campaign information and details about the campaign’s Beneficiary. A beneficiary (“Beneficiary”) is an organization that has authorized the Sponsor to collect funds on its behalf. In some cases, the Sponsor and Beneficiary may be the same entity. However, Sponsors are not considered service providers, independent contractors, or agents of TGF. Payments received by Beneficiaries are not classified as wages, premiums, annuities, compensation, remuneration, or any other incentives or commissions to the Sponsor.
Payments made to Beneficiaries through the Fundraising Service result from contributions made by Buyers for the specified fundraising purpose, which constitutes a portion of each transaction. Sponsors may be required to provide verification of the Beneficiary’s legitimacy and certify that funds received by TGF will be properly remitted to the Beneficiary organization. Failure to provide such verification may lead to tax reporting obligations.
For example, a Sponsor could be a gym owner, program director, coach, team parent, or any individual managing campaign-related information. Sponsors can create a sponsor account (“Sponsor Account”) on the Service, which allows them to manage Seller profiles, including names and addresses. Payments to Beneficiaries must be made to accounts or addresses based in the United States, as TGF currently cannot send payments outside of the United States.
By agreeing to the Sponsor Acknowledgment, Sponsors confirm that they are authorized by a Beneficiary to raise funds on its behalf and acknowledge that TGF is not responsible for the payment of any funds to Beneficiaries.

b. Sellers
A seller (“Seller”) is a user and participant in the campaign who sells products through the TGF platform by creating a seller account (“Seller Account”) and an associated Store. Examples of Sellers include team members, students, parents, or guardians. Each Seller must be linked to a Sponsor in our records. A Sponsor may also act as a Seller.
Each Seller is permitted to create and maintain only one Seller Account. Creating multiple Seller Accounts, using aliases, or employing proxy Seller Accounts to hide a Seller’s true identity or to conduct business under multiple Seller Accounts is strictly prohibited.
Sellers may create and manage their Seller Accounts and associated Stores solely through the Service. Sellers have no claims against us regarding the handling of sale proceeds or Payouts by the Sponsor.

c. Buyers

A buyer (“Buyer”) is any user who purchases products from a Store, or the Service in connection with the Fundraising Service. As described further below in Section 4(b), a portion of each Buyer purchase is treated as a purchase of products from TGF (for which sales tax may apply) with the remaining portion treated as a contribution to the Beneficiary designated by the Sponsor or Seller for the stated fundraising purpose. A Buyer may also be a Seller, a Sponsor or both. Buyers must be able to make payments from an account in the United States and to accept shipments at an address in the United States; at this time, TGF cannot and will not accept payments from outside of the United States or ship goods outside of the United States.
d. Our Platform
We provide a platform for selling goods, such as popcorn, to facilitate Sponsors in raising funds for Beneficiaries. Any payouts (“Payouts”) to Beneficiaries in connection with Fundraising Services are treated as contributions from Buyers for the stated fundraising purpose and are not considered wages, premiums, annuities, compensations, remunerations, emoluments, or other incentives or commissions to the Sponsor.
A portion of each transaction is treated as a purchase of products from TGF (which may be subject to sales tax), while the remaining portion is a contribution to the Beneficiary designated by the Sponsor or Seller for the fundraising purpose. We are not a broker, financial institution, creditor, or charity. Information and content related to fundraising provided through our platform are for informational purposes only. We do not guarantee the accuracy, completeness, timeliness, or reliability of such information. No content is intended to provide financial, legal, tax, or other professional advice. You should consult your financial, legal, tax, or other professional advisor before making decisions regarding sales and fundraising.
We have no control over the conduct of or information provided by any Beneficiary, Sponsor, or Seller, and we do not guarantee any specific amount of sales or success of any campaign. We do not endorse any campaign or cause except as expressly stated in writing. We make no guarantees, express or implied, about the accuracy of information provided through our Services. We disclaim any liability for the outcome or success of any campaign. As a Buyer, you are responsible for determining the value and appropriateness of contributing to any campaign.
We take suspected illegal activity and misuse of funds seriously. If you believe that an Sponsor is not using funds for their stated purpose, please notify us, and we will investigate the issue.

e. Acknowledgement by Schools and School Districts
Sponsors, Beneficiaries, and Sellers using TGF platforms for school-based fundraising activities acknowledge and agree that:
• For schools and school districts required to comply with the Family Educational Rights and Privacy Act (FERPA), TGF does not collect or access “education records” or “directory information” as defined under FERPA.
• TGF is not considered a “community-based organization” subject to FERPA’s consent and disclosure obligations.
• Consequently, TGF does not enter into stand-alone agreements with schools or school districts to address FERPA-related consent and disclosure requirements for education records or directory information.
f. Sponsor’s Acknowledgement
As a Sponsor, you represent, warrant, and covenant that:
1. Accuracy of Information: All information you provide (whether personally, through an agent, or using artificial intelligence) in connection with your role as a Sponsor or regarding a Beneficiary is accurate, complete, and not misleading. You will post updates as necessary to ensure Buyers are informed about the use of funds and any relevant details about your campaign.
2. Use of Funds: All Payouts contributed to your campaign will be used solely as described in the materials you post or otherwise provide as the basis for your fundraising campaign.
3. Authorization: If you are an individual representing a Beneficiary, you are authorized by the Beneficiary to raise funds on their behalf and to use the Beneficiary’s name and trademarks in any fundraising campaign or event.
4. Remittance: You will promptly remit any proceeds received in connection with the Fundraising Services that are designated for a Beneficiary to that Beneficiary. Failure to do so may result in tax reporting obligations.
5. Non-Infringement: You will not infringe upon the rights of others.
6. No Employment Relationship: You are not acting as a service provider, independent contractor, or agent of TGF. Proceeds you receive are intended for the Beneficiary for the stated fundraising purpose and not as wages, premiums, annuities, compensations, remunerations, emoluments, or other incentives or commissions to you.
7. Compliance: You will comply with all relevant and applicable laws and financial reporting obligations, including, but not limited to, laws and obligations relating to registration, tax reporting, political contributions, and asset disclosures for your campaign.
If you use the Services as an agent of a charity to raise funds for the charity, you further represent and warrant that:
a. You are a representative of the charity, authorized to raise funds for the charity and bind the charity to these Terms and Conditions.
b. You are raising funds for a charity with a cause or activity that is legal under all applicable federal, state, territorial, and local laws and regulations.
c. All Payouts will be used solely for the purpose stated in connection with your campaign, and under no circumstances may the funds be used for any other purpose.
d. The charity has and will maintain tax-exempt status under applicable law (e.g., the Internal Revenue Code in the United States).
e. If the charity is in the United States, it is registered with the IRS tax-exempt organization database.
g. Seller’s Acknowledgement
As a Seller, you represent, warrant, and covenant that:
1. Accuracy of Information: All information you provide (whether personally, through an agent, or using artificial intelligence) in connection with a Beneficiary or Sponsor is accurate, complete, and not misleading. You will post updates as necessary to ensure Buyers are informed about the use of funds and any relevant details about your campaign.
2. Use of Funds: All Payouts contributed to your campaign will be used solely as described in the materials you post or otherwise provide as the basis for your fundraising campaign.
3. Authorization: If you are an individual serving as a representative for a Beneficiary, you represent and warrant that you have received official authorization to act on behalf of the Sponsor.
4. Non-Infringement: You will not infringe upon the rights of others.
5. Compliance: You will comply with all relevant and applicable laws and financial reporting obligations, including, but not limited to, laws and obligations related to registration, tax reporting, political contributions, and asset disclosures for your campaign.
If you use the Services as an agent of a charity to raise funds for the charity, you further represent and warrant that:
a. You are a representative of the charity, authorized to raise funds for the charity and bind the charity to these Terms and Conditions.
b. You are raising funds for a charity with a cause or activity that is legal under all applicable federal, state, territorial, and local laws and regulations.
c. All Payouts will be used solely for the purpose stated in connection with your campaign, and under no circumstances may the funds be used for any other purpose.
d. The charity has and will maintain tax-exempt status under applicable law (e.g., the Internal Revenue Code in the United States).
e. If the charity is in the United States, it is registered with the IRS tax-exempt organization database.

h. Prohibited Conduct
The following examples of User Content and/or use are prohibited and may be illegal. This list is not exhaustive, and we reserve the right to investigate and address any violations of the terms or spirit of this Fundraising Policy and the Terms and Conditions at our sole discretion. We reserve the right to remove offending User Content, suspend or terminate accounts, stop payments, freeze or hold Payouts, and report to law enforcement authorities or take other appropriate legal actions. Our procedures for resolving account freezes or holds are outlined here. By using the Services, you agree not to:
1. Campaign Purposes:
o Raise funds or establish campaigns with the implicit or explicit purpose of:
 Violating any law, regulation, industry requirement, or third-party agreements, including those of payment card providers and transaction processors.
 Engaging in political campaigns, including seeking public office, referenda, ballot initiatives, etc.
 Content or campaigns that are fraudulent, misleading, inaccurate, dishonest, or impossible.
 Promoting drugs, narcotics, steroids, controlled substances, pharmaceuticals, or related products that are illegal or prohibited.
 Selling knives, explosives, ammunition, firearms, or other weaponry or accessories.
 Offering annuities, investments, equity, lottery contracts, lay-away systems, offshore banking transactions, money service businesses, pyramid schemes, “get rich quick schemes,” network marketing, referral marketing, debt collection, or cryptocurrencies.
 Engaging in gambling, gaming, or activities with an entry fee and a prize, including casino games, sports betting, fantasy sports, lotteries, raffles, auctions, or sweepstakes.
 Supporting or defending alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance related to race, ethnicity, national origin, religion, sexual orientation, gender, or disabilities.
 Activities involving countries, regions, governments, persons, or entities subject to U.S. and other economic sanctions unless authorized by appropriate authorities.
 Funding ransoms, human trafficking, exploitation, vigilantism, bribes, or bounties.
 Distributing pornography or other sexual content.
 Publishing offensive, graphic, perverse, or sensitive content.
 Selling items before control or possession is obtained.
 Collecting payments on behalf of merchants or engaging in self-payments on campaigns.
 Providing credit repair or debt settlement services.
 Receiving or granting cash advances or lines of credit for purposes other than those stated in the campaign.
 Publishing content primarily to cause reputational harm.
 Selling or reselling services or government offerings without authorization or added value.
 Aggregating funds owed to third parties or obfuscating the origin of funds.
 Selling counterfeit music, movies, software, or other licensed materials without authorization.
 Offering products or services that infringe upon the intellectual property rights of others.
 Unauthorized resale of brand name or designer products.
 Selling goods or services that are illegally imported or exported.
 Engaging in fraudulent transactions or evading chargeback monitoring programs.
 Collecting or providing funds for purposes not described in the campaign.
 Supporting or engaging in financial crimes such as corruption, bribery, tax evasion, or fraud.
 Any other activity deemed unacceptable at our sole discretion.
2. Content Restrictions:
o Transmit or upload content that:
 Infringes on intellectual property or proprietary rights.
 You do not have a right to upload under any law or contractual obligations.
 Contains viruses or other harmful code.
 Poses privacy or security risks.
 Constitutes unsolicited or unauthorized advertising, spam, or other solicitation.
 Is objectionable or inhibits others’ use of the Services.
3. Operational Integrity:
o Interfere with or disrupt servers or networks connected to the Services.
o Harvest or collect contact information of other users by electronic or other means.
o Raise funds for a minor without the express permission of the minor’s parent or legal guardian, unless funds are transferred to a trust account for the minor’s benefit.
4. Payment Compliance:
o Not make or accept payments that are erroneous, suspicious, or fraudulent.
o Not use the Services for individuals or entities embargoed or blocked by any government.
o Maintain reasonable security measures for information transmitted and received.
o Keep records of campaigns and Payouts as required for verification and cooperate with audits or investigations.
We reserve the right to refuse, condition, or suspend any Payouts or transactions that may violate terms or harm interests. We may share information related to your use of the Services with financial institutions, regulatory authorities, or law enforcement agencies as required. For issues with account freezes or holds, contact us at [email protected]. Note that changes to payment or routing instructions may extend Payout periods up to an additional 72 hours.

3. Procedures
a. Store Creation and Management:
• Event Code Distribution: The Sponsor will receive a unique Event code to distribute to potential Sellers.
• Store Setup: Sellers will use this Event code to create or open a Store. Once the Store is established, Sellers will share the Store link with potential Buyers to facilitate product purchases.
b. Use of Information:
• We will use the information you provide for the following purposes:
o Account Management: To manage and maintain your account.
o Customer Support: To provide support to you and your contacts.
o Payment Processing: To process payments for purchases made through the platform.
o Enforcement: To enforce our Terms and Conditions.
o Business Operations: To manage our business effectively.
c. Disclosure of Information:
• We may disclose your information in the following circumstances:
o Legal Requirements: In response to a subpoena, court order, or similar investigative demand; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. We may also raise or waive any legal objections or rights available to us.
o Investigations and Security: When necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, or other wrongdoing; to protect and defend our company, users, employees, or others; to comply with laws; or to enforce our Terms and Conditions and other agreements or policies.
d. Information Sharing:
• We will not share, sell, use, or otherwise distribute the contacts you provide to us beyond the scope of providing the Fundraising Service. We will only communicate with these contacts if it is related to the Fundraising Service or if we provide you an opportunity to opt out of having your information shared.
4. Payments
a. Buyer Payments for Products:
• Payment Obligation: As a Buyer, you agree to pay the full price of products, including any applicable taxes and shipping and handling fees, either by credit/debit card at the time of your online order or by other acceptable payment methods. If we do not receive payment from your credit or debit card issuer, you agree to pay all amounts due upon our demand. Certain products may have additional terms and conditions presented at the time of purchase.
b. Our Payments:
• Payment Process:
o A Buyer purchases products through the Service from a Seller’s Store and makes payment to TGF for the item price, applicable taxes, and shipping and handling costs.
o TGF will handle the shipping of products to the Buyer and submit any collected sales tax to the relevant tax authorities.
o TGF will pay fifty percent (50%) of the product’s item price (excluding taxes, shipping, and handling costs) as the “Payout” to the Sponsor responsible for the Seller’s Store where the purchase was made.
• Payment Details:
o Payments of Payouts are generally remitted to the Sponsor via Check.
o In cases of fundraising account re-assignment, backup Sponsors must undergo identity authentication and authorization verification, including verification of their role with the Beneficiary, email domain verification, and personal identification.
o You authorize TGF or its successor to initiate credit transfers via ACH to your financial institution account and deduct transaction fees. TGF is not responsible for the use of funds after a Payout is made to the Sponsor. Transfers among Sponsors and Sellers are their sole responsibility and are not covered by TGF.
• Disputes:
o If a Sponsor or Seller disputes a Payout (e.g., claims a payment was owed but not paid, or a Payout was not fully paid), they must notify TGF in writing within six (6) months of the payment date or expected date. The notice must include identifying information, payment details, and an explanation of the discrepancy.
o Disputes and claims are subject to the time limitations set forth in the Section titled, “Venue and Choice of Law,” of the Terms and Conditions.
o TGF will not resolve disputes between Beneficiaries, Sponsors, or Sellers related to payments. We encourage direct resolution of disputes between parties involved. TGF is not responsible for any claims or damages arising from such disputes.
c. Claw-backs:
• Non-Payment: In cases of charge-backs, returns, payment cancellations, disputed charges, or similar issues where we are not fully compensated, we reserve the right to void the transaction and deduct any uncollected amounts from the Seller’s Store and/or the Sponsor’s sales.
• Negative Balance: If funds have been transmitted to a Sponsor or Seller in anticipation of payment and the payment is later determined to be a non-payment, the Seller Account will reflect a negative balance to be deducted from future sales.

d. Buyer Returns:
• Order Cancellations: Buyers must cancel orders before shipment and within twenty-four (24) hours of making a purchase to be eligible for a cancellation.
• Damaged or Contaminated Products: If your product arrives damaged or contaminated, please contact us directly at [email protected]. Claims for damaged goods or product quality issues must be submitted within seven (7) days of delivery. After this period, we are not obligated to refund the purchase price or replace the product.
• Refunds and Returns: Except as explicitly provided herein, we do not issue refunds and do not accept returns.
e. Time of Payouts for a Campaign:
• Payout Availability:
o (i) While TGF aims to make Payouts available promptly, you acknowledge and agree that Payouts may not be available for immediate use.
o (ii) TGF does not guarantee a specific timeframe for when Payouts will be available.
o (iii) We may choose to remit the Payout directly to the applicable Sellers if the original or subsequent Sponsor does not withdraw funds within sixty (60) days or cannot or will not accept the payment.
o (iv) TGF disclaims any responsibility for delays in Payouts or any inability to access and use Payouts, and any resulting consequences from such delays or inability.

5. Government Fundraising and Charity Policy
Our fundraising platform is designed to offer efficient fundraising services for a broad range of organizers, including private clubs, schools, non-profits, local municipalities, and state or federal government agencies and organizations. As a standardized platform, TGF does not engage in custom agreements outside of, or in addition to, our standard terms of service with organizers. This policy is intended to prevent any potential conflicts of interest and address ethical concerns.
Sponsors, whether private entities such as businesses, non-profit organizations, teams, clubs, or public entities such as schools, school districts, local municipalities, or state and federal government agencies, are responsible for ensuring that their fundraising and charitable activities comply with all applicable local, state, and federal laws, regulations, and rules.
TGF expressly disclaims any responsibility for the regulatory or compliance obligations of Sponsors as required by local, state, and federal laws, regulations, and rules.

6. Transaction History
Transactions and login sessions may be logged and tracked by us, and information about your transactions may be displayed publicly in the “Recent Buyers” section. By using the Service, you consent to such tracking and public disclosure of your use of the Service, transactions, and purchases.
7. Anti-Bullying
You agree not to use our Service (including, without limitation, the chat function) to bully others. If you become aware of bullying, please report it immediately to [email protected]. The best protection against bullying is to learn how to recognize it and how to stop it. Here are some tips:
• If you feel you’re in immediate danger, contact your local authorities.
• Reach out to a family member, counselor, or teacher, who can give you the help and support you need.
• Print or take a screenshot of it in case you need to share it later.
8. Service Restrictions
We may, in our sole discretion, without notice or liability, suspend, terminate, limit, or otherwise restrict Sponsor Accounts, Seller Accounts, and/or Buyer accounts , as well as the use of the Services for any conduct we reasonably determine warrants such suspension, termination, or restrictions. This includes, but is not limited to, violations of our terms, illegal activity, damaging or harassing conduct, or any other actions by a user, Buyer, Seller, or Sponsor that cause difficulty or burden to TGF in rendering efficient and effective services.
9. Electronic Communications Disclosures and Consent
By providing TGF with your mobile phone number, using the Service, and by providing personal contact information to us, you (whether a User, Buyer, Seller, Sponsor, or otherwise) expressly consent to and authorize us to contact you and communicate with you via email, physical mail, text messaging, phone calls, and other means, with no purchase required. Further, when you provide TGF with mobile phone numbers from your contact lists or community of prospective buyers, you represent and warrant that you have the consent of the mobile phone number owner to provide TGF with that information.
It is your responsibility to update your personal contact information, including if you change or deactivate your mobile phone number. You may opt out of communications by contacting us by email with “opt out” in the subject line, replying “STOP” to any text messages sent by TGF, or via settings within the mobile application. For additional support, reply “HELP” to any text message. For more details regarding your privacy choices, refer to the Privacy Policy.
10. Changes to Fundraising Policy
TGF reserves the right, at its sole discretion, to modify, add, or remove portions of this Fundraising Policy at any time. We will notify you of any material changes by posting the updated Fundraising Policy on the Services and updating the “Last Updated” date at the top of the Fundraising Policy. Your continued use of the Services after any modifications constitutes your acceptance of the revised Fundraising Policy. It is your responsibility to review this Fundraising Policy periodically for any changes. Any additional terms that we may provide to you will be incorporated by reference into this Fundraising Policy and will become effective from the date they are posted on the Service. To the extent any additional terms conflict with this Fundraising Policy, the additional terms will control.