The YAMS website, web application, and mobile applications are products of YAMS, a registered LLC in the State of Georgia. The YAMS software and other technologies have been designed, architected and developed by Brain Rain Solutions, Inc.
YAMS provides services for not-for-profit and for-profit organizations, such as religious organizations, charitable organizations, not for profit events, fundraisers, and political events, and educational institutions (each, a “Donee”)—to receive payments made by users of the Site (each, a “Donor”). Donee represents that it is party to a separate agreement with each Donor for which it receives payment hereunder and that payments receieved by Donee hereunder are only pursuant to that agreement.
Pursuant to this Agreement, Donee appoints YAMS as its agent for receipt of payments from Donor (each a “Payment”). Donee represents that it is party to a separate agreement with each Donor (such as, for example, a promise to donate) for which it receives payment hereunder and that payments received by Donee hereunder are only pursuant to that agreement. YAMS is not an agent of Donor in receiving Payments. YAMS is not a bank, money transmitter, or other money services business, as defined by the Bank Secrecy Act or state banking law. The relationship of YAMS to each Donee shall also be governed pursuant to the rules and regulations of Visa and MasterCard, where YAMS is a payment facilitator or payment processor and the Donee is a merchant, such rules are available here and are incorporated herein by reference: http://usa.visa.com/download/about_visa/15-October-2014-Visa-Rules-Public.pdf and http://www.mastercard.com/us/wce/PDF/13000_MSP-Entire_Manual.pdf (collectively, the “Rules”).
No Payments will occur hereunder to any Donee that is not a party to this Agreement.
License and User Conduct
YAMS grants you a limited license to access and make personal use of this Site. However, you may not download or modify the Site, or any portion of the Site, except with express written consent of YAMS. This Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of YAMS. Any unauthorized use of the Site shall automatically terminate the license granted to you by YAMS for such use.
You are required to abide by all applicable international, federal, state and local laws and regulations in your use of this Site. YAMS may terminate your use of the Site in YAMS’s sole discretion for any reason. If you are under eighteen (18) years of age, you may not use the Site.
Copyrights and Trademarks
Except as otherwise noted on this Site, all information, documentation, and other content posted on this Site are the property of YAMS, its affiliates, and/or its licensors. The graphics, icons, and overall appearance of this Site are the property of YAMS. The posting of information, documentation, and other content does not constitute a waiver of any of YAMS’s, an affiliate’s, and/or a third party licensor’s proprietary rights in such information, documentation, and other content (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The information, documentation, and other content posted on this Site are protected by U.S. and international copyright laws, both as individual works and as collections. You may not delete any copyright or similar notice from any information, documentation, and other content you obtain from this Site. You may not sell, republish, frame in another webpage, or use on another website, any of the information, documentation, and other content, or any portion thereof, posted in or on this Site without the prior written consent of YAMS. You may view, print, copy, and download portions of the information, documentation, and other content of this Site solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records. YAMS and its affiliates reserve the right to revoke this authorization at any time.
Registration and Accounts
Only you may use your YAMS account. You agree to keep your accounts and passwords confidential at all times and not authorize any third party to access or use YAMS on your behalf, including providing your account information to third-party websites to access your YAMS account. You are responsible for all activity that takes place within your account.
At any time, YAMS, in its sole discretion, may disable or delete any account registered on the Site for any reason. By registering to the Site, you agree to provide any verification information as required by YAMS to comply with various United States laws, including, but not limited to, the United States Patriot Act.
You agree to be bound by policies of third parties including networks, bank card associations and banks used to process payments. You agree to forever release and hold YAMS harmless from any cost, damage, or other injury that may arise out of the relationship between you and your financial institution or otherwise out of your agreement with your institution.
Some third parties may require a direct agreement with a Donee. If a direct agreement between such third party and a particular Donee is required, YAMS will make reasonable efforts to facilitate the execution of such agreements between both parties. YAMS reserves the right to disable or delete a Donee’s account if Donee is unable to enter into a direct agreement with third party, as required by the policy of said third party.
This Site may contain links to other external sites. The links are provided “as is.” You should be aware that you use them at your own risk. YAMS does not endorse, and YAMS is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of this Site. YAMS is not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service and privacy policies of the respective sites. YAMS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such other sites. YAMS shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.
The following is a partial list of prohibited activities on or through the Site: (1) using a robot, spider, script, automated process, or manual process to “scrape” the Site’s listings or Content; (2) taking any action that imposes an unreasonable or disproportionately large load on YAMS’s hardware or software infrastructure; (3) sending SPAM to YAMS users or others; (4) attempting to reverse engineer, decompile, disassemble or otherwise obtain the source code to the Site; (5) engaging in or promoting any illegal activities; (6) engaging in any activity that markets another business or attracts YAMS customers to a third party; (7) submitting Content that is offensive, obscene, harmful to minors, illegal, abusive, threatening, defamatory, or misleading; or (8) using the services if you are or wish to assist a person or entity who is on a Specially Designated National List of the U.S. Department of the Treasury Office of Foreign Asset Control (“OFAC”) or otherwise prohibited from accessing the U.S. financial system. All Donors and Donees must be residents and located within the U.S. otherwise they are prohibited from using YAMS services.
Certain of Services made available over the Site may be offered on a reoccurring fee basis (hereinafter referred to as a “Pay Service”). You agree to pay all the fees applicable to any purchased Pay Service, including any fees associated with the use of such Pay Service and any payment service fees listed on the accept payment page together with all applicable taxes (collectively, the “Fees”). Fees shall apply to Donees only. YAMS is free to Donors. Unless otherwise indicated on the relevant Pay Service description page, all Fees for a Pay Service will be billed immediately to the credit card designated by such User and are non-refundable. YAMS reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to Users, which notice may for certainty include the posting of any such changes on the relevant pages of the brainrainsolutions.com Site related to the use of the Pay Services.
Transaction Fees. The services provided under this Agreement for Donees are subject to payment of fees by Donees (“Fees”). The amount of the Fees are posted on the Site. YAMS reserves the right to off-set from each Payment the applicable Fee before settling such Payment to a Donee.
Donor Refunds. Donee agrees that YAMS may, in its sole and absolute discretion, offer a refund to a Donor for a Payment in the event that the donor provided it to an incorrect organization, the organization is fraudulent, or in other situations where YAMS determines in its sole discretion that the transaction should be refunded. Except as otherwise set forth herein, to be eligible for a refund, Donors must submit a request within thirty (30) days of providing any Payment, to email@example.com with the Subject “Refund Request” and include the purchaser’s YAMS username and transaction information. YAMS will make commercially reasonable efforts to respond within ten (10) days of any such request but does not guarantee that the refund will occur. After such ten (10) day period, if the matter is not resolved to the entire satisfaction of the Donor, Donor shall address Donee directly and YAMS shall have no liability in respect of the Payment except and to the extent required under the Rules.
Disbursements. Payments received by Donee, through its agent YAMS, shall be settled to Donees, less applicable Fees by automated clearing house (“ACH”) transaction, pursuant to the rules and regulations of NACHA or by such other means as YAMS may elect to use. In the event that YAMS is unable to reach a Donee to arrange disbursement within thirty days, YAMS will make commercially reasonable efforts to refund the full amount of Payment to the applicable Donor failing which YAMS shall send the funds to the appropriate state agency responsible for escheatment and lost property.
Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YAMS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. INFORMATION OBTAINED THROUGH THE SITE HAS NOT BEEN VERIFIED, AND YAMS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID. YAMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.
Limitation of Liability
USE OF THE SITE IS AT YOUR SOLE RISK. INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER YAMS, NOR ANY OF YAMS’S EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “YAMS ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF YAMS OR A YAMS ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH YAMS IS TO STOP USING THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YAMS’S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO YAMS IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM.
THE SITE IS CONTROLLED, OPERATED AND ADMINISTERED BY YAMS FROM ITS OFFICES WITHIN THE UNITED STATES. YAMS MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SITE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. YOU MAY NOT ACCESS THE SITE FROM A LOCATION OUTSIDE THE UNITED STATES.
NOTHING IN THE FOREGOING LIMITATIONS OF LIABILITY SHALL LIMIT THE LIABILITY OF YAMS TO SETTLE TO DONEE THE AMOUNT OF EACH PAYMENT RECEIVED BY DONEE THROUGH YAMS AS ITS AGENT, LESS APPLICABLE FEES OR OTHER LIABILITIES OF DONEE TO YAMS HEREUNDER.
You agree to indemnify, defend, and hold harmless YAMS, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you, donations made by you, and/or donations received by you in connection with the Site or any use of the Site in violation of this Agreement.
Where required, YAMS may give notice to you by a general posting on the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to YAMS by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Site, or your dealings with YAMS, please e-mail or write to:
Brain Rain Solutions, Inc
Atlanta, GA 30308
YAMS welcomes your questions and comments.
The laws of the State of Georgia shall govern the validity, performance, enforcement, interpretation and any other aspect of these Terms, without regard to principles of conflicts of laws thereunder. The parties shall submit to the exclusive jurisdiction and venue of the federal and state courts located in the State of Georgia for any action arising out of these Terms or use of the Site. YAMS may revise these Terms at any time, and such modifications will be effective immediately upon posting. Your use of the Site after such posting shall be deemed to constitute acceptance by you of such modifications. If you no longer agree with the Terms of this Agreement after any such modification, you may opt-out of the Site by halting your access to the Site and including in a notification to us your username and a declaration of your intention to opt-out. Upon receiving such notification from you, YAMS will suspend your account. Notwithstanding any provision of these Terms, YAMS has available all remedies at law or equity to enforce these Terms.
Last Updated: 10/22/2016