1. DEFINITIONS

Below are the key terms you need to know that are referenced through these Terms. Other terms may be defined separately in other sections of these Terms. 

“Beneficiary” an organization that has authorized the Organizer to act for the benefit of the organization for which funds are being collected.

“Buyer” is any user who supports a Fundraiser by purchasing products from a Pop-Up Store with 50% of the proceeds from their purchase going to the Fundraiser. 

“Fundraiser” is a single fundraising event or campaign organized on the Double Good Platform by an Organizer. 

“Organizer” is an authorized individual who organizes a Double Good Fundraiser for a particular cause or on behalf of a Beneficiary; for example, an Organizer may be a coach, teacher or team parent.  In some cases, the Beneficiary and Organizer may be the same.

“Organizer Account” is an account set up by an Organizer in connection with a Fundraiser to which other users, such as Sellers, may be added. 

“Payout” is the amount of funds eligible for payout to the Organizer provided all conditions in these Terms are satisfied, which generally speaking is fifty percent (50%) of the purchase price of items sold through a Fundraiser, not including taxes, shipping, or other fees that may be added to a Buyer transaction. 

“Payout Information” means certain information the Double Good Platform requires in order to allow Double Good to verify the Organizer’s identity and obtain payment information, including identify information, beneficiary information and bank account information.

“Seller” is a user who joins an Organizer’s Fundraiser and sells Double Good products through the Double Good Platform by creating a Pop-Up Store associated with an Organizer’s Fundraiser. 

“Seller Account” is an account set up by a Seller in order to participate in a Fundraiser. 

“Services” means all services provided via the Double Good Platform, including fundraising services and all content, information, materials, text, images, and functionality.

“Pop-Up Store®” is a registered trademark and refers to a virtual store Sellers can create to sell Double Good products in connection with a Fundraiser. 

“User” means any individual that accesses, registers for, or uses the Double Good Platform, including Organizers, Sellers, Buyers, and Beneficiaries. 

“User Content” means any content, activity, or information, including your name, text, images, videos, and other materials, that a User posts, uploads, submits, or otherwise makes available or shares with other Users on or through the Services including in connection with any Fundraiser, regardless of whether such content is generated using artificial intelligence.

2. DOUBLE GOOD FUNDRAISING SERVICES 

a. General Description of Services. The Double Good Platform allows individuals and entities (including nonprofit organizations and charities) to create Fundraisers through which they sell Double Good popcorn and receive 50% of the proceeds generated for their fundraising cause. Organizers invite Sellers to participate in each Fundraiser by sharing a unique event code or link. Sellers then create Pop-Up Stores and promote them via social media and other online channels from which Buyers can make purchases directly, all of which will support the intended Fundraiser. 

b. Double Good’s Role in the Fundraising Process. The Services are a tool for running Fundraisers and for helping Organizers connect with Buyers. Double Good is not a bank, payment processor, broker, charity, or financial advisor. We operate solely as a technology platform facilitating fundraising activities. Double Good does not: (i) solicit donations on behalf of any Organizer or Beneficiary; (ii) engage in money transmission, banking, or financial services as defined under applicable law; or (iii) act in any capacity requiring registration as a Professional Fundraiser, Commercial Fundraiser, or Professional Fundraising Counsel under state or federal law. Double Good operates as a fundraising platform service provider under California AB 488 and/or similar applicable law and maintains required disclosures and operational standards. All information provided through our Services is for your general knowledge and isn’t meant to be professional advice. If you need specific advice, especially regarding financial, legal, or tax issues, you should consult with a professional. We do not control or endorse any Organizer, Seller, Fundraiser, or cause, and we can’t guarantee the success of a Fundraiser. We make no guarantee, express or implied, that any information provided through the Services is accurate, including information provided by Beneficiaries, Organizers, or Sellers. We expressly disclaim any liability or responsibility for the outcome or success of any Fundraiser. As a Buyer, it’s up to you to decide if a cause is worth contributing to. Notwithstanding the foregoing, we take suspected illegal activity and the misuse of funds raised very seriously. If a Beneficiary, Seller, or Buyer has reason to believe that an Organizer is not raising or using the funds for their stated purpose, please alert our team of this potential issue and we will investigate. 

c. Termination, modification or suspension of the services. We may, in our sole discretion and without notice or liability, suspend, terminate, or limit any User Account or access to the Services for conduct we reasonably determine warrants such action, including but not limited to violation of these Terms, illegal activity, damaging or harassing conduct, or any conduct that causes difficulty or burden to Double Good in rendering efficient and effective services. 

d. Treatment of Purchases and Payouts. Payouts distributed to Beneficiaries in connection with a Fundraiser represent contributions made by Buyers for the stated fundraising purpose and are not intended to be wages, premiums, annuities, compensations, remunerations, emoluments or other incentives or commissions to the Organizer. A portion of each transaction is treated as a purchase of products from Double Good (for which sales tax may apply) with the remaining portion treated as a contribution to the Beneficiary designated by the Organizer or Seller for the stated fundraising purpose.  

e. Fraud Protection.As part of our account registration and order processing procedures, we screen Double Good Platform activity for fraud and other unauthorized or illegal activity.  We deploy technologies and third-party services to help detect fraud, including tools to identify connection types used to access our mobile application.  We reserve the right to terminate accounts, refuse service, or refuse to process transactions based on our assessment of increased risk, suspected fraud, or unauthorized activity, including risks associated with unauthorized access methods.  If we suspect fraudulent, unauthorized or illegal activity, we may contact you at the phone number or email address you provided.  We also reserve the right to contact the appropriate law enforcement agencies to report suspected fraud or unauthorized or illegal activity conducted on your account.

3. PAYMENT PROCESSORS

a. Payment Processing. Double Good does not directly process payments or hold funds raised through the Double Good Platform. We use third-party payment processing partners, currently including Stripe and Georgia Banking Company, to process transactions made in connection with Fundraisers. We may change or add payment processing partners at any time.

b. Custodial Accounts. All funds contributed through Fundraisers are held in segregated custodial accounts maintained by Georgia Banking Company (the "Custodial Accounts"). Georgia Banking Company acts solely as a non-fiduciary custodian of the Custodial Accounts for the benefit of Users. Georgia Banking Company is not acting as a fiduciary or agent of Double Good or any User. Double Good has no legal, beneficial, or other interest or claim in any funds held in the Custodial Accounts. You agree that you will have no recourse against Georgia Banking Company arising out of or relating to the Custodial Accounts, the processing of funds, or these Terms, except to the extent attributable to Georgia Banking Company's breach of its obligations, gross negligence, or willful misconduct.

c. FDIC Deposit Insurance. Funds held in the Custodial Accounts may be eligible for pass-through FDIC deposit insurance, subject to applicable per-depositor limits and FDIC rules. If you hold other deposits at Georgia Banking Company, those deposits may be aggregated with your funds in the Custodial Accounts when determining FDIC insurance coverage. Double Good makes no guarantee regarding the availability or amount of FDIC insurance for any particular funds.

d. Authorization. By setting up a Fundraiser, you authorize Georgia Banking Company to receive, hold, and disburse funds on your behalf through the Custodial Accounts, including by initiating ACH transfers or other electronic fund transfers to or from your financial institution account. You authorize and approve the use of all disbursement methods used in connection with the Services, including ACH transfers and checks. To receive Payouts, you must provide all required Payout Information to our payment processing partners.  

4. USER RESPONSIBILITIES AND OBLIGATIONS

a. Organizers. Organizers are responsible for conducting the Fundraiser, managing Sellers, and remitting funds to the appropriate Beneficiary. Organizers must provide any verification information Double Good requests regarding Beneficiaries. A failure by the Organizer to provide such information may result in tax reporting obligations on the Organizer. Organizers are able to create an Organizer Account, which will allow them to receive funds on the Beneficiaries or transmit directly to the Beneficiary. Organizers (or the Beneficiaries) must be able to accept payments to accounts or addresses based in the United States; at this time, Double Good does not send payments outside the United States. 

As an Organizer, you represent, warrant, and covenant that: (i) all information you provide in connection with a Fundraiser or Beneficiary (whether provided directly, through an agent, or generated using artificial intelligence) is accurate, complete, and not likely to deceive Buyers or Sellers and that you will post updates as needed so that Buyers understand the use of funds and any other relevant information about your Fundraiser; (ii) all Payouts contributed to your Fundraiser will be used solely as described in the materials that you post or otherwise provide; (iii) if you are an individual serving as a representative for a Beneficiary, you represent and warrant that you are authorized by a Beneficiary to raise funds on their behalf and to use a Beneficiary’s name and trademark(s) in any Fundraiser; (iv) you will promptly remit any proceeds you receive in connection with the Fundraising Services designated for a Beneficiary to such Beneficiary and a failure to do so may result in tax reporting obligations or a requirement to register as a charitable beneficiary under applicable state law; (v) you must hold any contact information you receive for Sellers participating in your Fundraiser, including their names, email addresses, and phone numbers, in strict confidence and use it solely for administrative purposes directly related to managing your Fundraiser (such as coordinating with and encouraging your Sellers), and must not share this information with any third party or use it for any other purpose, including for any marketing or communication after the Fundraiser has concluded; (vi) you will not infringe the rights of others; (vii) you are not a service provider, independent contractor, or agent to Double Good and proceeds you receive are intended for a Beneficiary and not as wages, premiums, annuities, compensations, remunerations, emoluments or other incentives or commissions to you;  (viii) 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 Fundraiser.

If you use the Services as an agent of a charity to raise funds for such charity, you further represent, warrant, and covenant 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 will send the funds raised to the recipient charity referenced in your Fundraiser no later than 10 business days after receipt from Double Good, as the failure to do so may require you to register as a charitable trustee under applicable state law; (c) 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; (d) your charity has and will maintain tax-exempt status under applicable law (for example, under the Internal Revenue Code in the United States) and is registered with the IRS tax exempt organization database.

1. Organizer Tax Reporting and 1099-NEC Forms. Organizers generally raise funds for third-party Beneficiaries rather than as personal compensation.  Because Payouts are intended for Beneficiaries and not as compensation to Organizers, Double Good typically does not issue IRS Form 1099-NEC to Organizers.  However, when a Fundraiser is designated as “personal” (meaning the Organizer retains the funds for their own benefit rather than remitting them to a third party), Double Good will issue Form 1099-NEC to the Organizer where required by law, which may result in tax liability and reporting obligations.  Double Good relies on Organizer representations about each Fundraiser’s nature and purpose to determine proper tax treatment.  You are solely responsible for understanding and complying with all tax obligations related to funds you receive through the Services, and Double Good does not provide tax advice.

1. IRS B Notices and Backup Withholding. The Internal Revenue Service may notify Double Good via Notice CP2100 or CP2100A if the name and Taxpayer Identification Number (TIN) combination you provide does not match IRS records.  In such cases, Double Good will send you a request for corrected information (commonly called a “B Notice”).  If Double Good does not receive an appropriate response with corrected information, Double Good may be required by law to implement backup withholding under Section 3406 of the Internal Revenue Code.  Backup withholding means Double Good will withhold a percentage of your Payout from future Fundraisers as required by federal tax law.  You agree to respond promptly to any B Notice requests and provide accurate, updated taxpayer information to avoid backup withholding.  You acknowledge that failure to provide correct taxpayer information may result in reduced Payouts due to mandatory backup withholding requirements.

b. Sellers. Sellers (such as team members, students, parents, or guardians) participate in Organizer-led Fundraisers by sharing their Pop-Up Stores for Buyer purchases.  Each Seller must be associated with an Organizer. An Organizer may also be a Seller. Each Seller may create and maintain only one Seller Account. Creating multiple Seller Accounts, using aliases or proxy Seller Accounts, or engaging in similar conduct designed to conceal a Seller’s true identity or to enable a Seller to transact business with Double Good under more than one Seller Account is strictly prohibited. Sellers expressly agree that Double Good is not responsible for an Organizer’s handling of Payouts or for any other incentives an Organizer may provide in connection with the Fundraiser.

As a Seller, you represent, warrant, and covenant that: (i) all information you provide in connection with a Beneficiary or Organizer (whether provided directly, through an agent, or generated using artificial intelligence) is accurate, complete, and not likely to deceive Buyers and that you will post updates as needed so that Buyers understand the use of funds and any other relevant information about your Fundraiser; (ii) 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 Organizer; and (iii) you will not infringe the rights of others with respect to content used to create your Pop-Up Store; (iv) you will comply with all relevant and applicable laws and regulations. 

c. Buyers. As a Buyer, you are purchasing items directly from Double Good and Double Good will ship the items to you directly. However, when you make a purchase from a Fundraiser, it is your responsibility to understand the cause to which you are contributing – Double Good is not responsible for anything an Organizer might offer as part of their Fundraiser – other than the Double Good products. As described above, a portion of each Buyer purchase is treated as a purchase of products from Double Good (for which sales tax may apply) with the remaining portion treated as a contribution to the Beneficiary designated by the Organizer or Seller for the stated fundraising purpose.  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, Double Good cannot and will not accept payments from outside of the United States or ship goods outside of the United States.

As a Buyer, you agree to pay in full all prices, applicable taxes, and shipping and handling fees for any purchases you make by credit card, debit card, or other payment method we accept. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase through the Double Good Platform may be subject to additional terms and conditions presented to you at the time of such purchase. As a Buyer, you further agree that your transactions may appear publicly in the “Recent Buyers” or similar section of the Pop-Up Store or Fundraiser page for the Fundraiser from which you purchased. By purchasing, you agree to such disclosure. 

Buyers acknowledge the following upon purchases made as part of any Fundraiser: (i) 50% of the proceeds of your purchase (not including tax and shipping) will be sent directly to the Organizer who is required to send those contributions to the Beneficiary described in the Fundraiser and there are no restrictions on how the Beneficiaries use these funds; (ii) the funds will be available to the Organizer within approximately one (1) week of the end of the Fundraiser, provided however, that (A) the Organizer is required to complete certain payout information instructing Double Good how to disperse the funds and (B) funds may be held longer in cases of suspected fraud; (iii) Organizers are responsible for completing all necessary steps to withdraw funds raised – if the Organizer fails to complete these steps within fourteen (14) months of the completion of a Fundraiser, Double Good may redirect your contribution to the Double Good Kids Foundation, a 501(c)(3) not-for-profit corporation with a mission of enriching the lives of children with special needs and their family; (iv) Where a Fundraiser Beneficiary is a charitable organization, the charitable organization may not have specifically consented to the Fundraiser or approved the Fundraiser content. 

d. Minors. The Double Good Platform and the Services are available only to, and may only be used by, individuals who are 18 years and older.  Minors under the age of 18 may use the Double Good Platform only when a parent or legal guardian who is at least 18 years of age creates and maintains the account on the minor’s behalf.  In such cases, the parent or legal guardian is the account holder and the user under these Terms and Conditions, and the parent or legal guardian is fully responsible for all use of the account by the minor, including the minor’s compliance with these Terms and Conditions.    

e.Acknowledgement by Schools and School Districts. Organizers, Beneficiaries, and Sellers that use the Double Good Platform for school-based fundraising activities acknowledges and agree, that for schools and school districts that are required to comply with Family Educational Rights and Privacy Act (FERPA), Double Good operates exclusively as a commercial fundraising platform and does not provide educational services, classroom technology, or school-administered programs. All data collected through the Double Good Platform in connection with school-based fundraisers is collected solely for fundraising purposes, not for educational purposes. Such data does not constitute "student data," "education records," or "directory information" under FERPA or applicable state student data privacy laws because: (i) the data is collected in connection with voluntary, non-educational fundraising activities that occur outside the classroom and educational environment; (ii) the data is not collected, maintained, or used by an educational agency or institution; (iii) the data is not directly related to a student's educational progress, performance, or school activities; (iv) the platform operates independently of school systems and educational programs; and (v) all minor participation requires direct parental supervision and account creation by parents/guardians. Further, Double Good is not considered a “community-based organization” to which some FERPA consent and disclosure obligations may apply. As such, Double Good does not enter into stand-alone agreements with schools or schools districts intended to create obligations on the part of Double Good to protect education records, or that relate to FERPA’s consent and disclosure requirements for education records or directory information.

5. PAYOUTS AND RELATED PROCEDURES

a. Process. Upon completion of a Fundraiser and completion of all requirements in these Terms, Double Good will remit the Payout to the Organizer based on purchases made from Seller Pop-Up Stores linked to the applicable Fundraiser. 

b. Payment Details. Through its payment processing partners, Double Good will initiate the appropriate Payout.  At this time, there is no transaction fee associated with the Payout, provided that Double Good reserves the right to charge transaction fees in the future or in connection with special promotions that may occur from time-to-time.  Double Good reserves the right to, and has full discretion to, assign a subsequent or backup Organizer to the Organizer Account if for any reason the original Organizer is no longer able to serve the role of Organizer and remit the Payout to the Beneficiary.  In the case of fundraising account re-assignment, all potential backup Organizers will be subject to identity authentication and authorization verification, which may include at a minimum, verification that the backup Organizer is an authorized member, employee, representative or agent of the Beneficiary with initial verification based on authorization and authentication evidenced on organization letterhead, and email address domain verification, and identification verification based on personal identification contained in government issued identification such as driver’s license or passport number.  You authorize Double Good’s current or future payment processing partners to originate credit transfers to your financial institution account by ACH and deduct the transaction fees.  Beneficiary, Organizer and Seller acknowledge and agree that Double Good has no further responsibility for how the funds are used after a Payout is made to the Organizer.  Any transfers of payments among Organizers and Sellers are entirely the responsibility of the Organizers and Sellers and are subject to their separate agreement(s) with each other, to which Double Good is not a party.  For example, Organizers that receive payments on behalf of Sellers are solely responsible for crediting such funds to the Sellers.  Double Good is not responsible or liable for any such transfers or credits or lack thereof.  Double Good’s responsibility for any Payout ends with the payment of the Payout to the applicable Organizer.

c. Condition Precedent to Receiving Payout. As a condition precedent to receiving a Payout, Organizers (or a backup Organizer that may be assigned by Double Good as described above) must complete all required Payout Information. If an Organizer fails to provide the required Payout Information Double Good will not be able to remit the Payout. Double Good will make good faith efforts to follow up with an Organizer to obtain the Payout Information; however, if Double Good has not received the Payout Information within fourteen (14) months of the end of the applicable Fundraiser, then Double Good reserves the right to transfer such funds the Double Good Kids Foundation, a 501(c)(3) not-for-profit corporation with a mission of enriching the lives of children with special needs and their family. You can learn more about the Double Good Kids Foundation here.

d. Disputes. Where an Organizer has completed their Payout Information, but claims a Payout was owed but not paid, or was not paid in full, the Organizer must notify Double Good in writing within six (6) months of when the Payout was made or allegedly should have been made. Claims not made within this period are irrevocably waived. Such notice must include applicable identifying information of the Organizer, Beneficiary, payment amount, payment due date, and an explanation of any alleged discrepancies. All such notices and potential resolutions of disputes and/or claims will be subject the time limitations set forth in these Terms. 

Users are solely responsible for resolving all disputes among themselves regarding Payout allocation and distribution. Double Good has no obligation to intervene in, mediate, or resolve any such dispute. Users acknowledge that Double Good will not assess the merits of factual disputes or legal claims between Users regarding Payouts. Further, you release Double Good from any claims, demands, and damages arising out of disputes between Beneficiaries, Organizers, Sellers, or any other third party relating to your use of the Double Good Platform, including those with other users or parties. 

e. Claw-backs. Should any charge-backs, returns, Buyer-side payment cancellations, disputed credit card / debit card charges, voided transactions, insufficient funds/bank-refusals to pay, or similar situations arise, where we are not fully compensated for our products or services (“Buyer Non-Payment”), we may, without notice, treat such transaction as void and immediately deduct any uncollected amounts from the Seller’s Pop-Up Store proceeds, the Organizer’s Payout, or both, in our sole discretion. In addition, if we have transmitted funds to the Organizer in anticipation of Buyer payment and the payment is a Buyer Non- Payment, the Organizer Account will reflect a negative balance to be deducted from the Seller’s future sales. 

f. Erroneous Payouts and Recovery Rights. Payouts may be issued erroneously due to system errors, processing mistakes, or other causes beyond Double Good’s control. Erroneous Payouts do not create any ownership rights or entitlement to such funds. By accepting these Terms, you irrevocably authorize Double Good to recover erroneous Payouts by any available means, including without limitation ACH reversal, direct debit from any linked bank account, offset against any future Payout, or any combination thereof. Double Good may effect recovery without prior notice where legally permissible, but will provide notice where required by law or when practicable. You will not transfer, spend, or encumber any funds you know or should reasonably know were erroneously received. These recovery rights survive termination and do not limit Double Good’s other legal remedies. In circumstances where electronic recovery is not available, not sufficient, or unsuccessful, you agree to return all erroneous Payouts within ten (10) business days of written demand. Your failure to return erroneous Payouts may result in: (i) suspension or termination of your Organizer Account and access to the Services; (ii) reporting to collections agencies; (iii) legal action to recover the erroneous Payouts plus costs and attorneys’ fees; and/or (iv) reporting to law enforcement where Double Good believes fraudulent activity occurred. 

g. Buyer Returns. Buyers may cancel orders only if both: (i) cancellation is requested within twenty-four (24) hours of purchase, and (ii) the order has not yet shipped. Double Good has sole discretion to determine whether these conditions are met. If your product arrived damaged or contaminated in any way, please contact us directly at help@doublegood.com. All damaged goods or product quality claims must be made within seven (7) days of delivery, otherwise we shall have no obligations to refund purchase price or replace product. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, WE DO NOT ISSUE REFUNDS AND WE DO NOT ACCEPT RETURNS.

h. Time of Payouts for a Fundraiser. While Double Good strives to make Payouts available to you promptly and in the time frame specified in these Terms, you acknowledge and agree that: (i) Payouts may not be available to you for use immediately; (ii) Double Good makes no guarantee regarding Payout timing and may delay or withhold Payouts for any reason in its sole discretion; and (iii) Double Good expressly disclaims all responsibility for any delay, suspension, or withholding of Payouts or your inability to access Payouts, regardless of cause, and for all consequences arising therefrom. 

i.Fund Holding and Investigation Procedures. In cases of suspected fraudulent, unauthorized, or illegal activity, Double Good may hold funds for investigation for up to one hundred eighty (180) days from the date the suspected activity is identified. During any fund holding period, Double Good will provide written notice to the Organizer within five (5) business days of implementing the hold, and complete the investigation and make a determination regarding fund release within the 180-day period, unless extended by court order or regulatory requirement. If funds are determined to be legitimate, Double Good will release them in accordance with its standard payout procedures. During any fund holding period, Organizers may request written explanation of specific reasons for the hold and submit additional documentation to support release of funds. Double Good will make reasonable efforts to minimize the duration of fund holds consistent with thorough investigation requirements and regulatory compliance obligations.

6. PROHIBITED FUNDRAISERS AND USER CONDUCT

a. In General. The Double Good Platform allows Organizers to create Fundraisers for a variety of purposes. As stated above, Double Good does not endorse any particular Fundraisers and is not responsible for the content of Fundraisers. However, certain Fundraisers, User conduct, and User Content are prohibited. This Section provides examples of such prohibitions. We may remove, suspend, or modify any Fundraiser or User Content at any time for any reason, including but not limited to content that we determine, in our sole and absolute discretion, violates these Terms, the spirit of these Terms, our business interests, or applicable law. We have no obligation to provide notice or explanation for such removal. 

b. Investigations. We may investigate any User, Fundraiser, transaction, or User Content at any time for any reason without notice or liability. Our investigation may include review of public social media, background checks, financial records, and any other information we deem relevant. Users must cooperate fully with all investigations.  We reserve the right to remove, edit, or modify Fundraisers and/or User Content at our sole discretion. However, we are not obligated to do so. 

c. Specific Prohibitions. Without limiting the foregoing, you agree not to use the Services to:

(i) conduct a Fundraiser that has the purpose of, or involves:

1. violating any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with the Services;

2. political campaign fundraising including seeking election to public office, referenda, ballot initiatives or otherwise;

3. content or Fundraisers that are fraudulent, misleading, inaccurate, dishonest, impossible, or are otherwise inconsistent with what is described in the Fundraiser description;

4. The purchase, use, or distribution of illegal drugs, narcotics, steroids, controlled substances, or pharmaceuticals prohibited by applicable laws or regulations;

5. Firearms, explosives, weapons or related accessories; 

6. Any activity in support of terrorism, extremism, hate, violence, harassment, bullying, discrimination, terrorist financing, extremist financing, or money laundering;

7. Investments or other financial services offerings; 

8. gambling, gaming and/or any other activity with an entry fee and a prize, including lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift cards, or sweepstakes;

9. the legal defense of individuals charged with financial crimes (including money laundering) or violent crimes (including  murder, robbery, assault, battery, sex crimes, or crimes against minors);      

10. human exploitation of any kind;

11. offensive content, including pornography or other sexual content;

12. any attempt to bypass or otherwise circumvent payment processing rules and regulations;           

13. credit repair or debt settlement services;

14. the sale or resale of any products or services not produced and fulfilled by Double Good; or

15. any activity that Double Good, in its sole and absolute discretion, deems inappropriate, unacceptable, objectionable, harmful to our reputation or business interests, or that may expose Double Good or its partners to any liability, risk, or regulatory concern of any type;

(ii) transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; or (vi) in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type;

(iii) interfere with or disrupt servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;

(iv) harvest or collect email addresses or other contact information of other users from the Services by electronic or other means; or

(v) raise funds for a minor without the express permission of the minor’s parent or legal guardian unless the funds are transferred into a trust account for the sole benefit of the minor.

Additionally, with respect to all payments you make or accept through the Services, you agree:

1. not to make or accept any payments that you know or suspect to be erroneous, suspicious or fraudulent;

2. not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC);

3. to maintain industry-standard security measures to protect all information transmitted through the Services and to immediately notify Double Good of any security breach or suspected unauthorized access, including without limitation by adhering to any security procedures and controls required by us from time to time;

4. to maintain a copy of all electronic and other records related to Fundraisers and Payouts as necessary for us to verify compliance and make such records available to us upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and

5. at our request, including without limitation in case of investigations by us, a payment processing partner, or a regulatory or governmental authority, fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.

We reserve the right to refuse, condition, or suspend any Payouts we believe in our sole discretion may violate these Terms or harm the interests of our users, business partners, the public, or us, or that expose you, us, or others to risks unacceptable to us. We may share any information related to your use of the Services with financial institutions, payment processors, regulatory authorities, law enforcement agencies, or other third parties as we determine necessary or appropriate in our sole discretion to protect our interests, comply with legal obligations, or investigate potential violations of these Terms. This information may include information about you, your account, your buyers, your Payouts, and transactions made through or in connection with your use of the Services.

If you receive notice from us regarding a freeze or hold that has been placed on your account or suspect that your account is subject to a freeze or hold, you can contact us at support@doublegood.com     .      Please note that any changes to any payment or routing instructions related to your Payout may extend the Payout period    

7. Intellectual Property Rights 

a. Double Good Content. The text, images, data, illustrations, files, audio and video clips, designs, documents, and other materials and content related to Double Good and its Services on the Double Good Platform (collectively, the “Double Good Content”) are the property of Double Good and its affiliates and licensors, and may be protected by copyright and other proprietary rights. You may not copy, modify, distribute, or otherwise use any of the Content, except for your personal, non-commercial use, or as specifically made available for use in connection with your Fundraiser. We may modify, suspend, or withdraw any Double Good Content from the Platform at any time for any reason without notice or liability in our sole and absolute discretion. By downloading, printing, or otherwise using any of the Double Good Content, you agree that you will (a) restrict your use of such Content to personal and non-commercial use, (b) comply with these Terms, and (c) not violate the rights of Double Good or any other person or entity. Unauthorized commercial publication or exploitation of Double Good Content is prohibited without our express written consent. If you wish to use any of the Double Good Content in any way other than as authorized by these Terms, you must first obtain our written permission. We may, in our sole discretion, grant permission for such use on a case-by-case basis and we may charge a fee for such use.

b. Trademarks. Trademarks, service marks, logos, and taglines (collectively, the “Trademarks”) displayed on the Double Good Platform are our registered and/or unregistered common law trademarks or those of our affiliates and licensors. No license or right to use any Trademark displayed on the Double Good Platform is granted, whether by implication, estoppel, or otherwise, except by our express prior written permission. Any unauthorized use, reproduction, or display of the Trademarks is strictly prohibited and constitutes trademark infringement and unfair competition in violation of federal and state law. We reserve all rights and remedies, including injunctive relief and recovery of damages, attorneys’ fees, and costs.

c. Copyright Policy. Double Good respects the intellectual property rights of others. If you believe Double Good is hosting or making available User Content (as defined below) that infringes on your intellectual property rights, you may request its takedown by reporting the violation to our designated intellectual property agent by sending written notice to Double Good Technologies LP, 16W030 83rd Street Burr Ridge, IL 60527 Email: help@doublegood.com. 

The following information must be included in any written notice regarding intellectual property infringement: 

• The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 

• Identification of the protected work(s) you believe has been infringed; 

• Identification of the material you believe infringes the protected work(s) sufficient for Double Good to identify and locate it; 

• The copyright holder’s or its agent’s contact information; 

• A statement that the complainant believes in good faith that the user of the allegedly infringing material is not authorized by the copyright owner, its agent or the law; 

• A statement that the above information is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Double Good’s policy in appropriate circumstances is to disable and/or terminate the accounts of users who are repeat infringers.  In addition to our rights under the DMCA, we reserve the right to remove any User Content that we believe, in our sole discretion, may infringe intellectual property rights, regardless of whether we receive a formal DMCA notice.  We may terminate accounts of users who we believe are repeat infringers without prior notice.  Our determination of infringement or repeat infringer status is final and not subject to challenge.

d. User Content. By uploading the User Content and using in connection with the Services, you hereby grant Double Good and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use the User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless Double Good and its contractors and employees, from (i) all liability and claims for invasion of privacy, publicity or libel, (ii) any liability and claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability and claims for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image, or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers, and releases from such person(s) for the benefit of Double Good in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or Double Good’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services. You further acknowledge and agree that Double Good may preserve User Content and disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Double Good, its users or the public. By using the Services, all Users consent to Double Good’s inclusion of such User Content in Double Good’s marketing and advertising materials. For further information on how Double Good may use and share User Content, refer to the Privacy Policy. 

e. User Submissions and Feedback. Any content or information you provide to Double Good, whether solicited or not, may be publicly accessible. This includes any information you post on forums, in comment sections, surveys, customer support communications, or any other submissions such ideas, suggestions or feedback about the Services (“Submissions and Feedback”). By submitting any Submissions or Feedback, you agree that (i) we have no obligation to keep Submissions or Feedback confidential; (ii) we may already have similar information under consideration or development; (iii) we can use and distribute Submissions and Feedback for any purpose, without acknowledgement or compensation to you; (iv) you have all necessary rights to submit such Submissions and Feedback; (v) you grant Double Good a  perpetual, worldwide, royalty-free, irrevocable, non-exclusive, and fully transferable license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise exploit other information, including the right to sublicense these rights; and (vi) You waive any moral rights or equivalent claims to the extent permitted by law.  This section remains effective even after your Account or use of the Services is terminated.

f. Permitted Use of Double Good Platform.You agree not to use or launch any automated system, including without limitation, “bots”, “spiders” or “offline readers”, that accesses the Double Good Platform in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.  Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Double Good Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.  We reserve the right to revoke these exceptions either generally or in specific cases.  You agree not to collect or harvest any personally identifiable information, including names or other information related to User Accounts, from the Double Good Platform, nor to use the communication systems provided by Double Good, including, for the avoidance of doubt, the chat feature, for any commercial solicitation purposes.  You agree not to circumvent, disable, or otherwise interfere with security-related features of the Double Good Platform or features that prevent or restrict use or copying of any Content or enforce limitations on use the Double Good Platform and/or the Content.  You agree that your access and use of the Double Good Platform and/or Services must comply with all applicable federal, state, local, and international laws, and regulations.  Your use of the Double Good Platform and/or Services must not promote any illegal activity, or advocate, promote, or assist any unlawful act.

8. DATA PRIVACY AND COMMUNICATION

a. Privacy Notice. For details regarding how Double Good collects, uses, and shares your personal information, please visit our Privacy Policy. By using the Services, you acknowledge our collection, use, and sharing of personal data as described therein. 

b. Communicating with Other Users. When using our Services to communicate with other Users (for example, communicating with prospective Buyers and Sellers), you confirm you have the authority and necessary consents from the third-party User to share their data with us and that you have informed them about how their information will be collected and used by Double Good.  You also agree that we may use such data to contact the third party or provide you with a template or prepopulated message to facilitate communication and that we may send reminders or related messages to you and the third party.  In the event you are sending text messages to Users through the Double Good Platform, you agree you will obtain clear and affirmative consent from the person before sending them a text, and if the recipient indicates that they do not wish to receive additional text messages, you will ensure you do not send any additional text messages to them. 

c. Mobile Communication. By providing Double Good with your mobile phone number, using the Double Good Platform, and/or Services and by providing personal contact information to us, you (whether a User, Buyer, Seller, Organizer or otherwise) expressly consent to and authorize us to contact you and to communicate with you via email, physical mail, text messaging, phone calls and other means, no purchase required / no purchase necessary. Further, when you provide Double Good 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 Double Good 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, by replying “STOP” to any text messages sent by Double Good, or via settings within the Mobile Application. For additional support, reply “HELP” to any text message. And for additional details regarding your privacy choices, refer to the Privacy Policy

d. Protecting your User Account. As described in theses Terms, in order to access certain portions of the Services, you may be required to create various types of user accounts (collectively, “User Accounts”). You may never use another party’s User Account without such party’s express written authorization. You represent, warrant, and agree that all information which you provide through any portion of the Double Good Platform in connection with creating your User Account, fundraising or otherwise is and will reflect your true identity, be current, accurate, legally compliant and complete. To reduce the risk of fraud, we do not authorize connections to the Double Good Platform via our mobile application that originate from non-wireless devices, such as laptop computers using landlines or voice over Internet Protocol (VoIP) connections. You are solely responsible for all use connected with your User Account. You are solely responsible for maintaining the security of your User Account login credentials (username, Multi Factor Authorization (MFA) access authentication codes, etc.). You agree to notify us immediately of any security breach or unauthorized use of your User Account. We will not be liable for any costs, losses, claims or damages that you or any third party incur which are directly or indirectly caused by any unauthorized use of, or based on fraudulent or inaccurate information related to your User Account, except where such unauthorized use is the direct result of our gross negligence or willful misconduct.

9. THIRD PARTY SERVICES AND CONTENT

a. Links to Third Party Websites. Our Services may rely on, or certain third parties may include in our Services links to, certain Third-Party Resources. We have no control over such Third-Party Resources and do not endorse or otherwise take any responsibility for such Third-Party Resources. By using our Services, you agree that we are not liable for the content, functions, accuracy, or legality of these Third-Party Resources, or any damages or loss that may be caused by these Third-Party Resources.  In certain situations, Third-Party Resources may include products or services offered by a third party that you may display or are otherwise made available through the Services and if so, you may be subject to third-party terms associated with such Third Party Resources. Double Good has relationships with certain providers of such products and services, and we may be paid by such providers in the form of commissions in connection with these products and services.

b. Links from Affiliates or other Third Parties.      If you arrive at the Double Good Platform from a third-party link, such as an affiliate, please note that such link to or solicitation for the Double Good Platform does not imply a relationship with, or endorsement of, the third-party website, application, etc. or its content, purpose, policies, or practices. 

c. Responsibility for SMS/Data Charges. You acknowledge the text communications frequency rates may vary. You are responsible for any mobile charges that may apply to your use of our service, including messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using mobile services.

d. AI-Powered Customer Support Tools. Double Good uses third-party AI-powered tools and services to provide customer service and technical support through the Double Good Platform, including via chat, email, and voice channels. When you interact with these support features, you may be communicating with an automated, AI-powered system rather than a human representative. By using these support features, you acknowledge and agree that:(i) your communications, including the content of your messages, personal identifiers, and related usage data, will be transmitted to and processed by third-party AI systems to generate responses to your inquiries; (ii) AI-generated responses may include suggested text, information, recommendations, and other materials that are generated automatically using artificial intelligence technology; (iii) due to the probabilistic nature of AI technology, AI-generated responses may be inaccurate, incomplete, or inappropriate, and are provided on an "AS IS" and "WITH ALL FAULTS" basis without any warranty of any kind, including warranties of accuracy, completeness, reliability, or suitability; (iv) AI-generated responses do not constitute medical, legal, accounting, financial, tax, or other professional advice, and should not be relied upon as a substitute for consultation with a qualified professional; (v) any decisions you make in reliance on AI-generated responses are made at your own risk, and Double Good and its third-party service providers shall have no responsibility or liability arising from your reliance on such responses; and (vi) Double Good contractually prohibits its AI service providers from using your data to train, retrain, or improve any AI models or features. Double Good uses commercially reasonable efforts to ensure the quality and reliability of its AI-powered support tools but makes no guarantees regarding the performance or accuracy of AI-generated content.

10. WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY

a. WARRANTY DISCLAIMERS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DOUBLE GOOD EXPRESSLY DISCLAIMS AND EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

THE INFORMATION AND DESCRIPTIONS CONTAINED ON THE DOUBLE GOOD PLATFORM AND THE SERVICES ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES. DOUBLE GOOD MAKES NO REPRESENTATIONS OR WARRANTIES THAT SUCH CONTENT IS SUITABLE FOR YOUR NEEDS, COMPLETE, TIMELY OR RELIABLE. WE DO NOT WARRANT THAT THE DOUBLE GOOD PLATFORM OR THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL CODE, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED, AND YOU HEREBY ACKNOWLEDGE THAT SUCH DOWNTIME MAY AFFECT YOUR POP-UP STORE, SALES, AND YOUR PARTICIPATION IN SALES CONTESTS. DOUBLE GOOD SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR ERRORS ON THE DOUBLE GOOD PLATFORM RELATED TO FINAL SALES RESULTS IN ANY FUNDRAISER AND/OR THE AWARDING OF ANY INCENTIVES OFFERED BY ANY ORGANIZER FOR PARTICIPATION IN A FUNDRAISER. FOR AVOIDANCE OF DOUBT, NEITHER DOUBLE GOOD NOR ITS THIRD-PARTY SERVICE PROVIDERS ARE RESPONSIBLE FOR TELECOMMUNICATIONS CARRIER NETWORK FAILURES OR MALFUNCTIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

b. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER DOUBLE GOOD, NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OWNERS, PARTNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES (COLLECTIVELY, THE "DOUBLE GOOD PARTIES"), SHALL HAVE ANY LIABILITY FOR ANY LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR DAMAGES ARISING OUT OF LOSS OF REVENUE, LOST PROFITS, OR LOSS OF DATA (EVEN IF DOUBLE GOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO (A) THE USE OF, RELIANCE ON OR INABILITY TO USE THE DOUBLE GOOD PLATFORM AND/OR THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE DOUBLE GOOD PLATFORM AND/OR THE SERVICES; (C) THE CONTENT OR SERVICES PROVIDED ON OR RECEIVED FROM THE DOUBLE GOOD PLATFORM AND/OR THE SERVICE; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF USER CONTENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF ALL DOUBLE GOOD PARTIES TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE GREATEST OF (1) THE AMOUNT YOU HAVE PAID ALL OF THE DOUBLE GOOD PARTIES IN THE SIX (6) MONTHS PRIOR TO A CLAIM ACCRUING, (2) THE AMOUNT YOU HAVE SOLD IN A POP-UP STORE MADE AVAILABLE THROUGH THE DOUBLE GOOD PLATFORM FOR SUCH SIX-MONTH PERIOD (IF YOU OPERATE A POP-UP STORE), OR (3) ONE HUNDRED DOLLARS ($100). 

ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE DOUBLE GOOD AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN OF THE FOREGOING. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

11. INDEMNITY AND RELEASE

a. User Obligations to Indemnify Double Good Against Certain Types of Claims. To the fullest extent permitted by applicable law, You agree to release, indemnify and hold Double Good and its Affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses (including reasonable attorneys’ fees), costs, awards, fines, claims, and actions of any kind, arising out of or relating to your use of the Services, any Fundraiser, any User Content or content generated by AI, your connection to the Services, your violation of these Terms or your violation of any rights of another. You agree that Double Good has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify Double Good for the costs of its defense.

b.Release of Claims. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine to the extent permitted by law.

12. MANDATORY ARBITRATION AND DISPUTE RESOLUTION

a. Mandatory Arbitration. You and Double Good agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, the Double Good Platform, your use of the Double Good Platform, or the relationship between you and Double Good (collectively, "Disputes") will be resolved exclusively through final and binding arbitration rather than in court, except as set forth below. This arbitration agreement applies regardless of whether the Dispute is based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a Dispute arises during or after the termination of these Terms. You understand that by agreeing to these Terms, you and Double Good are each waiving the right to trial by jury and the right to participate in a class action lawsuit or class-wide arbitration.

b. Arbitration Procedures. Any arbitration will be conducted by a single arbitrator in Chicago, Illinois in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA") then in effect, except as modified by these Terms. The arbitrator must be a member of the Illinois State Bar with at least ten years of experience in commercial litigation or arbitration. The arbitration will be conducted in English, and the arbitrator's decision will be final and binding on both parties. The arbitrator will have the authority to grant any remedy that would be available in court, including injunctive relief, but will not have the authority to conduct class-wide arbitration or to join or consolidate claims by or for more than one person. Any Dispute must be brought within one (1) year after the alleged conduct or event giving rise to the Dispute occurred, or such Dispute will be permanently barred. This limitation period applies regardless of any statute of limitations that might otherwise apply under applicable law.

c. Attorneys' Fees and Costs. The prevailing party in any arbitration or court proceeding arising out of or relating to these Terms will be entitled to recover its reasonable attorneys' fees, costs, and expenses from the non-prevailing party. For purposes of this provision, the "prevailing party" means the party that receives substantially the relief sought, whether by settlement, judgment, or otherwise. Double Good will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated by you, unless the arbitrator determines that your claim was frivolous or brought for an improper purpose, in which case you will reimburse Double Good for such fees.

d. Exceptions to Arbitration. Notwithstanding the foregoing, the following disputes may be brought in court: (a) disputes seeking injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights; (b) disputes related to or arising from unauthorized access to or misuse of the Double Good Platform, including but not limited to hacking, data scraping, or violation of platform security measures; (c) small claims court actions brought by either party, provided the action remains in small claims court and proceeds only on an individual basis; and (d) disputes where applicable law prohibits arbitration. For any disputes that may be brought in court, you and Double Good consent to the exclusive jurisdiction and venue of the state and federal courts located in Cook County, Illinois. Double Good may also seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information without waiving its right to elect arbitration for any other claims. 

e. Class Action Waiver. You and Double Good agree that each party may bring Disputes against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding ("Class Action"). You and Double Good expressly waive any ability to maintain any Class Action in any forum. If any court or arbitrator determines that this Class Action waiver is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above will be deemed null and void in its entirety and the parties will be deemed to have not agreed to arbitrate Disputes. Notwithstanding any other provision in these Terms, if the Class Action waiver is deemed invalid or unenforceable, neither you nor Double Good is entitled to arbitration and instead Disputes will be resolved in court pursuant to the jurisdiction and venue provisions set forth above. 

f. Governing Law. These Terms and any Disputes will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws principles. The Federal Arbitration Act will govern the interpretation and enforcement of this arbitration provision. You and Double Good agree that the Illinois state courts and federal courts sitting in Cook County, Illinois have exclusive jurisdiction over any appeals from an arbitration award and any disputes about the arbitrability of any claim or dispute. This choice of Illinois law will apply regardless of your actual place of residence or the location where you access or use the Services. 

g. Severability. If any portion of this arbitration provision is deemed invalid or unenforceable, the remainder will remain in force, except that if the Class Action waiver is found invalid or unenforceable, this entire arbitration provision will be null and void. If a court decides that any of the designated exceptions to arbitration set forth above are invalid or unenforceable as to a particular claim or request for relief, then you and Double Good agree that claim or request for relief will be severed from any other claims or requests for relief, and such claim or request for relief will be arbitrated. If this arbitration provision is found to be invalid or unenforceable as to any particular Dispute, that Dispute will be resolved in court subject to the jurisdiction and venue provisions above, but the invalidity or unenforceability will not invalidate or render unenforceable this arbitration provision as to any other Dispute.

13. CHANGES TO THESE TERMS

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. Where possible we will provide 30 days’ notice of substantive changes to these Terms and, if appropriate, we may inform Users of such changes via email or other appropriate means. Changes may be made at short or no notice where a change is required by law. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not wish to accept the new Terms and Conditions, you should discontinue your use of the Services.

14. MISCELLANEOUS

a. Entire Agreement. You agree that these Terms constitute the entire agreement between you and us with respect to your use of the Double Good Platform and/or Services. You agree that these Terms supersede any other agreements between you and us with respect to your use of the Double Good Platform and/or Services

b. Severability and Waiver. In the event any provision of these Terms and Conditions is held by a court to be invalid, unlawful, or unenforceable, you and we agree that the validity, legality, and/or enforceability of the remaining provisions contained in these Terms and Conditions will not in any way be affected or impaired. Our failure to exercise or enforce any right or provision under these Terms and Conditions will not constitute a waiver of such right or provision by us.

d. Termination. Double Good reserves the right to discontinue any aspect of the Double Good Platform at any time; provided, however that we will use reasonable efforts to communicate such plans in advance.

e. Notices. To the extent permitted by applicable law, notices to you may be made via email or regular mail. The Services may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Double Good Platform.

f. Reservation of Rights. We specifically reserve all rights that we do not expressly grant in these Terms. 

15. Contact Information

If you wish to contact us for any reason, please reach out to help@doublegood.com