HuTerra Terms of Service


These Terms of Service ("Terms") govern your access to and use of the services and HuTerra's websites (the "Services"), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites (you may view your account settings page to control who sees your Content). The Service provides storage, retrieval, and access features for your Content. You should only provide Content that you are comfortable sharing with others under these Terms.


Basic Terms

You may use the Services only if you can form a binding contract with HuTerra and are not a person barred from receiving services under the laws of the United States or another applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

You may not share Content that contains defamatory, threatening, pornographic or otherwise questionable material. You may only share Content in which you have all necessary copyright and other rights. You are solely responsible for how you share Your Content and determining who and how Your Content may be viewed.

The Services that HuTerra provides are always evolving and the form and nature of the Services that HuTerra provides may change from time to time without prior notice to you. In addition, HuTerra may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by HuTerra on the Services are subject to change. In consideration for HuTerra granting you access to and use of the Services, you agree that HuTerra and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.


Privacy

Any information that you provide to HuTerra is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by HuTerra. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your HuTerra account, which you may not be able to opt-out from receiving.


Support

The HuTerra platform allows you to give money to ("Support") a charitable cause. The Support you give may be public or may otherwise be made private. HuTerra uses the information you provided during your account signup, and other information you have submitted to HuTerra, to best provide to you Support suggestions that may be of interest to you. You may change what information is made public, including whom you Support and the amount Supported, within your account setting page.


Account Confirmation Process

At its sole discretion, HuTerra may require all or some of the following information to confirm an account that accepts Support. All accounts will be confirmed before any payments are disseminated to an account holder. In addition, accounts not confirmed within 30 (thirty) days of creation, may be terminated by HuTerra without notice. The Account Confirmation process may include requests for, but is not limited to:

E-mail Authentication: Requiring an e-mail confirmation from an @yourdomain address

Phone: Requiring a confirmation call from a valid company phone line

Lawyer Confirmation: Written statement from your counsel vouching for your identity with said counsels' license number

Driver's License Copy: Validate copy of your driver's license

Utility Bill Copy

Bank Statement

Credit Card: Providing a refundable transaction as evidence of proper identity

Open Authentication: Login or identity verification through another web site such as Facebook or Twitter


How the HuTerra Rewards Program ("Program") Works

  • The Merchant agrees to donate a percentage sales represented by the receipt the Customer scanned.
  • A Customer shops at a business that is participating in the Program.
  • The Customer scans their receipt with the My HuTerra app.
  • HuTerra will invoice the Merchant for the agreed upon percentage.
  • The Merchants donated funds will be held by the HuTerra Foundation in care of the Customer.
  • The Customer may disburse their earned funds to any school, church or nonprofit organization that are registered and in good standing with the IRS.


Donation Payment Types

Donations may be made in Support of charitable causes in HuTerra by debit or credit card ("Cash") or with HuTerra Rewards dollars that have been earned by an account holder who participates in the Program.


Cash Donations to Charitable Causes

Cash donations made on the HuTerra Website in Support of charitable causes transfer directly into the HuTerra Foundation, an IRS directed 501c(3) nonprofit organization. All funds will be held by the HuTerra Foundation until the end of each month, then paid to the designated nonprofit organizations approximately 15 days after month end. HuTerra will charge a processing fee equal to the credit or debit card transaction fee imposed by PayPal or 5%, whichever is greater. The processing fee is deducted from the amount distributed to the nonprofit organization. Processing fees are subject to change at any time at the sole discretion of HuTerra.


PayPal Transaction Fee

The PayPal processing fees are outlined below. Transaction rates vary based on card type and monthly sales volume.

Monthly Sales Volumes Card Type Fee
$0 - $100,000 Visa, MasterCard, Discover 2.2% + $0.30
$100,000+ 1.9% + $0.30


All sales volumes American Express 3.5% and no fixed fee


HuTerra Rewards Donations

HuTerra Rewards donations made on the HuTerra Website in Support of charitable causes transfer directly into the HuTerra Foundation, an IRS directed 501c(3) nonprofit organization. All funds will be held by the HuTerra Foundation until the end of each month, then paid to the designated nonprofit organizations approximately 15 days after month end. HuTerra will charge a program fee of 20%. Nonprofit organizations will receive a total of 80% of Program earnings, with 5% of the total going to the nonprofit that recruited the business and 75% going to the nonprofit organization(s) the customer selected. The program fee is deducted from the amount distributed to the nonprofit organizations. Fees are subject to change at any time at the sole discretion of HuTerra.


Donations and/or Event Registration Fees

For all donations or event registrations made on or through the HuTerra Site, all Users agree that: (i) Users will not use an invalid or unauthorized credit or debit card or other payment method; (ii) Users are solely responsible for selecting the correct Charity or Event for fundraising, volunteering, contributing, donating, or registering; (iii) all donations to Charities are made as unrestricted gifts and may be used at the recipient nonprofit's discretion.


HuTerra Rules for Contests or Sweepstakes

Any promotion which attempts to draw attention to a particular product or company by awarding some sort of prize by chance might be called a contest or a sweepstake, prize, offer, lottery, raffle, derby, drawing or game.

Sweepstakes are prize giveaways where the winners are selected by chance.

Contests choose a winner based on some merit.

Any promotion that provides the three elements of Prize, Chance and Consideration is defined as a lottery and is illegal on a Federal level as well as most states.

Prize is defined as something of value that can be gained by entering a contest or sweepstake.

Chance means that a winner is chosen by luck with no skill or ability required.

Consideration means anything which is commercial or financial advantage to the promoter or disadvantage to any participant. If proof of purchase is required for an entrant you must provide a free means for people to have an equal opportunity to win a prize.

In most cases, all three elements of Prize, Chance and Consideration must be available for the activity to be illegal. Note that some states will be more prohibitive then the Federal requirements and checking with your state District Attorney would be appropriate before conducting a contest, sweepstake or Giveaway.

In most cases, any advertisement for any contest should clearly state that no purchase is necessary to win a prize and for proof of purchase you should offer a free means for a person to enter.

The My HuTerra App is available to anyone to down load for free.

HuTerra requires that any person who enters a Contest, Sweepstake or Sales Promotion be at least 18 (eighteen) years of age.

The best way to sponsor a contest or sweepstake is to offer the ability for someone to have an equal chance for free such as simply showing up at the business and filling out an entry form.

Please note that some states will require businesses to obtain a special license to conduct contests, sweepstakes or other sales promotions that contain any of the elements of Prize, Chance and Consideration but anything that contains all three elements is illegal.

Non-profits receive special consideration in some states to conduct Contests and Sweepstakes that do contain all three elements as well as at the Federal level.

Any organization or business that conducts a Contest or Sweepstake must publish their own rules for such Contest or Sweepstake.

HuTerra is providing these guidelines in general to help educate all involved related to the complexity of Federal and State Law related to Contests and Sweepstakes.

HuTerra LLC reserves the right to change these Rules for Contests, Sweepstakes or Sales Promotions without advanced notice.


Refund Policy

Nothing is more important to HuTerra than the satisfaction of our users. If, for any reason, you are unhappy with our services, please contact us and we will work individually with you.

Funds already distributed to the designated charitable organization are the sole responsibility of the said organization. The issuing of refunds and handling chargebacks in these instances will be controlled directly by the said organization.


Receiving Funds

When you claim your nonprofit organization or create a fundraising account on HuTerra for the purpose of receiving Support, you agree to the following Terms with respect to said Support, and the manner by which HuTerra may choose to disseminate Support funds to you. In addition, you agree to comply with all local, state, and federal law with respect to said transfer of funds, including campaign finance laws, if applicable. You also agree to provide your Supporters with appropriate tax documentation, if applicable.

HuTerra may, as outlined in the Account Confirmation Process above, require certain information from you before payment is disseminated to you. Funds may be requested at unscheduled payout intervals, however, HuTerra may charge a fee. As a general rule, organizations may receive, but are not obligated to receive; Support funds about thirty (30) days after such funds have been credited to said account. You may view your Account settings via your "My HuTerra Community" page to review how much Support you have received and when such funds may be available for withdraw. You may also choose to withdraw any available funds by contacting HuTerra.

HuTerra pays out Fundraiser donations to the recipient nonprofits once monthly. In an effort to reduce bank processing fees so that more of the donation goes to the intended nonprofit, a nonprofit must have a minimum of $20.00 USD in donations to receive a payout. In the event an organization has a standing balance of under $20 for three months, the deposited amount will be paid to the organization.


Passwords

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. HuTerra cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.


Content on Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will HuTerra be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available via the Services or broadcast.


Your Rights

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us 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 Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for HuTerra to make such Content available to other companies, organizations or individuals who partner with HuTerra for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

Such additional uses by HuTerra, or other companies, organizations or individuals who partner with HuTerra, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners, and if you do not have the right to submit Content for such use, it may subject you to liability. HuTerra will not be responsible or liable for any use of your Content by HuTerra in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

HuTerra gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by HuTerra as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by HuTerra, in the manner permitted by these Terms.


HuTerra Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of HuTerra and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the HuTerra name or any of the HuTerra trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding HuTerra, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.


Restrictions on Content and Use of the Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of HuTerra, its users and the public.

Except as permitted through the Services (or these Terms), you have to use the HuTerra API if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Services.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, HuTerra's computer systems, or the technical delivery systems of HuTerra's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by HuTerra (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with HuTerra (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of HuTerra is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.


Copyright Policy

HuTerra respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an e-mail address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, HuTerra will also terminate a user's account if the user is determined to be a repeat infringer.


The Services are Available "AS-IS"

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, HUTERRA AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. HuTerra will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that HuTerra has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from HuTerra or through the Services, will create any warranty not expressly made herein.


Links and 3rd Party Services

The Services may contain links to third-party websites, resources, or use of APIs. You acknowledge and accept the terms of service of any such website, resource, or API such as the Google Maps API (https://www.google.com/policies/terms/). You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by HuTerra of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.


Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HUTERRA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT HUTERRA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.


Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.


Waiver and Severability

The failure of HuTerra to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.


Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Wisconsin without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Brown County, WI and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Wisconsin (excluding choice of law).


Entire Agreement

These Terms, the HuTerra Rules and our Privacy Policy are the entire and exclusive agreement between HuTerra and you regarding the Services (excluding any services for which you have a separate agreement with HuTerra that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between HuTerra and you regarding the Services. Other than members of the group of companies of which HuTerra is the parent, no other person or company will be third party beneficiaries to the Terms.

We may revise these Terms from time to time; the most current version will always be at www.Huterra.com/terms. If the revision, in our sole discretion, is material we will notify you via a direct HuTerra message to your HuTerra account or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

If you have any questions about these Terms of Service, the practices of this site, or your dealings with this site, please contact us at:

HuTerra

www.huterra.com

HuTerra, 1385 West Main Avenue, De Pere, WI 54115

920.499.0533

customercare@huterra.com


This document was last updated on August 24, 2016

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