Second Collection, LLC

Effective Date August 30, 2024

These Terms of Service (“Terms”) govern your use of the Second Collection website and its associated services (referred to as the “Service”). By accessing or using the Service in any capacity, you agree to be bound by and comply with these Terms, our Privacy Policy, and all applicable laws.

Second Collection, LLC (“Second Collection”) may update these Terms at any time by posting the revised version on our website. Such changes will be effective immediately upon posting. It is your responsibility to review these Terms periodically to stay informed of any modifications. Your continued use of the Service following the posting of changes constitutes your acceptance of the updated Terms.

If you disagree with any part of these Terms, any guidelines, or any changes, your sole remedy is to discontinue your use of the Service. This agreement represents the complete and exclusive understanding between you and Second Collection regarding your use of the website and associated services. It supersedes any prior agreements, proposals, or communications between you and Second Collection.

The failure of Second Collection to enforce any right or provision of these Terms does not constitute a waiver of such rights or provisions. If any provision is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. The court will attempt to give effect to the parties’ intentions as reflected in the invalid or unenforceable provision.

Regardless of any statute or law to the contrary, any claim or cause of action related to your use of the Service or these Terms must be filed within sixty (60) days after the claim or cause of action arises, or it will be forever barred.

INTRODUCTION

These Terms and Conditions may only be amended by an authorized representative of Second Collection, LLC. These Terms and Conditions are binding and will benefit both parties, their successors, and permitted assigns.

Second Collection, LLC processes payment transactions through third-party payment providers. As Second Collection, LLC is not a licensed banking institution, all funds, excluding the fees payable to Second Collection, LLC, are directly managed by these third-party payment providers.

You agree that Second Collection, LLC is not liable for any funds or tax obligations related to transactions processed through these third-party payment providers.

Users and Campaign Owners agree not to involve Second Collection, LLC in any legal disputes arising from the use of the website, secondcollection.org. Second Collection, LLC will not be held liable for any loss or damage resulting from a failure to comply with these Terms and Conditions.

COMMUNICATION

Second Collection, LLC may send electronic communications to Users to provide updates on their campaigns and other relevant information regarding their account status. By using the Service, you consent to receive these communications at the email address you provide.

You also acknowledge that Second Collection, LLC is not responsible for any user-generated content that you receive as part of these communications. Furthermore, you are solely responsible for any communications you send to potential donors promoting your campaign, including but not limited to emails sent through the secondcollection.org website and external communications.

SECOND COLLECTION ACCOUNTS

Second Collection, LLC reserves the right to delete Campaigns at its discretion. You are solely responsible for any content you post as a User or a Campaign Owner. By using the Service, you agree that you will not:

• Post sexually explicit content, obscenities, copyrighted material, or abusive/hateful language on the site.
• Use your Second Collection account for any illegal activities.
• Provide information that is incomplete or inaccurate.
• Attempt to bypass or circumvent the designated payment methods provided by Second Collection.

Second Collection has the right, but is not obligated, to remove any content or block any user or entity at its sole discretion.

Second Collection is not obligated to provide refunds for any amounts previously paid.

Second Collection does not and cannot review all material posted on its system. By using the Service, you are responsible for protecting yourself from any offensive or harmful content posted by other users.

Additionally, you are responsible for protecting your equipment (such as your computer) from any potential harm resulting from visiting the website.

As a Second Collection user, your campaign page will be publicly accessible on the internet, including through search engines like Google and Yahoo. There are no private or hidden campaign pages; all activity is public.

Second Collection may attempt to verify your identity and the information you provide. We reserve the right to delay, withhold, reverse, or refund any Contributions or amounts if we are unable to verify your information to our satisfaction.

To create a Campaign Owner account, you must complete all required fields on the relevant registration pages on the Site. You agree to:

• Provide truthful, current, complete, and accurate information about yourself.
• Update this information as necessary to maintain its accuracy.

You are responsible for maintaining the confidentiality of your password, username, and all activities associated with your Campaign Account, whether or not authorized by you. You must not share your account with others or use anyone else’s account, username, or password. You agree not to disclose your password to anyone.

All registration information must be accurate and truthful. You agree to notify Second Collection immediately if you discover any unauthorized use of your account or any security breaches. You also agree to provide additional information and answer questions truthfully as needed to verify your identity.

DEFINITIONS

In this Agreement, the following terms are defined as:

• Service: The website and its functions provided by Second Collection, LLC, available at secondcollection.org.
• Campaign Owners: Individuals or entities using the Service to raise funds.
• Campaigns: Fundraising efforts or projects initiated by Campaign Owners.
• Users: Includes Campaign Owners, Donors, and other visitors to the Service.
• Donors: Individuals or entities that contribute funds to Campaigns or post comments related to Campaigns.
• Contributions: Funds provided by Donors to Campaign Owners.

SECOND COLLECTION- WHAT WE DO/WHAT WE PROVIDE

Second Collection is an online Christian fundraising and crowdfunding platform dedicated to supporting Catholic causes. We provide a platform for individuals, parishes, and non-profit organizations seeking to raise funds for a variety of projects. These may include parish development, school initiatives, ministry needs, medical expenses, mission trips, and other community-focused causes.

Campaign Owners who create an active account on Second Collection receive a personalized fundraising profile page. This page enables them to share their mission, upload photos and videos, and accept credit card contributions from supporters. Each campaign is designed to facilitate donations towards specific goals established by the Campaign Owner.

Our platform aims to connect those who wish to support the Church’s mission with meaningful projects. Second Collection provides a space for users to explore and contribute to various causes, ensuring that funds are directed towards initiatives that align with their Catholic values.

Users of the Service engage at their own risk, and it is the responsibility of each individual to ensure their compliance with all applicable laws and regulations related to their campaigns.

ELIGIBILITY TO USE THE SERVICE

To use the Second Collection platform, you must be at least 18 years old or the age of majority as defined in your jurisdiction, whichever is older. If you are between the ages of 13 and 17, you may use the Service only with the consent and supervision of a parent or legal guardian who is at least 18 years old. Your parent or legal guardian must also agree to be bound by these Terms and take responsibility for your use of the Service.

By accessing SecondCollection.org or accepting these Terms, you affirm that you have reached the age of majority in your jurisdiction or are using the Service under the supervision of a parent or legal guardian who agrees to these Terms. You and your parent or legal guardian must have the right, authority, and capacity to agree to and comply with these Terms. You also agree to use the Service in accordance with all applicable laws and regulations.

You are not eligible to use the Service if you have previously been suspended from using the Service and have not received explicit authorization to resume. Second Collection reserves the right to refuse access to the Service, and to reject, cancel, interrupt, remove, or suspend any campaign at our discretion, without liability.

TAX AND LEGAL REPRESENTATIONS

By using our service, you agree to the following representations:

• The funds you raise through Second Collection will be used exclusively for the purposes described in the materials you post.
• You will adhere to all applicable local, state, and federal laws when soliciting funds, including but not limited to regulations concerning marketing and solicitation for your project.
• The information provided in the Terms of Service or through the Service does not constitute legal advice. For any questions regarding your legal rights and obligations, you should consult with a qualified attorney.

PROHIBITED ACTIVITIES/PROHIBITED CAMPAIGNS

You may not use the Second Collection service for activities that violate any law, statute, ordinance, or regulation related to:

• Controlled Substances: Narcotics, steroids, certain controlled substances, or other products that pose a risk to consumer safety.
• Drug Paraphernalia: Items related to the use of controlled substances.
• Illegal Activity: Items that encourage, promote, facilitate, or instruct others to engage in illegal activities.
• Hate and Violence: Items that promote hate, violence, racial intolerance, or financial exploitation.
• Obscenity: Items considered obscene.
• Intellectual Property: Items that infringe upon or violate any copyright, trademark, right of publicity, privacy, or other proprietary rights.
• Sexually Oriented Material: Sexually oriented materials or services.
• Weapons: Ammunition, firearms, firearm parts, certain weapons, or knives.

You may not use the Second Collection service for activities related to transactions that:

• Personal Information: Show or misuse personal information of third parties in violation of applicable law.
• Get Rich Schemes: Support pyramid schemes, Ponzi schemes, matrix programs, “get rich quick” schemes, or multi-level marketing programs.
• Property Transactions: Transactions associated with the purchase of real estate, annuities, investments, equity, lottery contracts, layaway systems, offshore banking, or financing debt with a credit card.
• Pre-Sale Items: Sales of items before the seller has control or possession of the item.
• Payment Processing: Transactions conducted by payment processors on behalf of merchants.
• Money Service Business: Activities such as the sale of traveler’s checks or money orders, currency exchange, or check cashing.
• Credit Repair and Debt Settlement: Certain credit repair or debt settlement services, or sales of products identified by government agencies as likely to be fraudulent.

You may not use the Second Collection service for activities related to the sale of:

• Tobacco Products: Sale of tobacco products.
• Prescription Drugs: Sale of prescription drugs and devices.

You may not use the Second Collection service for activities involving:

• Gambling: Gambling, gaming, or activities with entry fees and prizes, including casino games, sports betting, horse or greyhound racing, lottery tickets, or other ventures facilitating gambling, unless prior approval is obtained from Second Collection and such activities are permitted by law in the jurisdiction where they occur.

Campaign Owners are prohibited from creating campaigns to raise funds for illegal activities, causing harm to people or property, or scamming others. If your campaign claims to do something impossible or appears fraudulent, do not post it. You must comply with all applicable laws and regulations while conducting your campaign.

PERKS/REWARDS

At this time, Second Collection does not offer the ability for Campaign Owners to provide perks or rewards to donors.

COMMUNITY GUIDELINES

Second Collection is committed to maintaining a respectful and positive environment. As such, we do not permit:

• Hate Speech and Harassment: Do not use the Service to promote violence, discrimination, or hatred against individuals or groups based on race, ethnicity, religion, disability, gender, age, or veteran status.
• Inappropriate Content: Do not post images or videos that are sexually explicit, or links to sites containing such material, or that depict harm to people or animals.
• Spam and Unsolicited Offers: Avoid spamming the comments sections or other Users with unsolicited offers, goods, services, or inappropriate messages.
• Service Disruption: Do not engage in activities that disrupt or interfere with the proper functioning of the Service or impose an unreasonable load on our infrastructure.

We reserve the right to remove Campaigns and terminate User accounts if these guidelines are not followed.

OUR LICENSE TO YOU/RIGHTS AND LICENSES

Second Collection’s Ownership Rights

Second Collection and its licensors hold all rights, titles, and interests, including worldwide intellectual property rights, in Second Collection’s Products and Services, as well as all rights to derivative works or enhancements related to these Products and Services. By using the Service, you acknowledge that you do not acquire any intellectual property rights beyond a limited license to use the Products and Services for your personal benefit.

You agree not to:

• Remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices included with or related to the Second Collection Products and Services.
• Use Second Collection’s name, logo, trademark, trade names, or service marks without prior written consent from Second Collection, except as expressly permitted in this Agreement.

YOUR OWNERSHIP RIGHTS

Subject to the licenses granted in this Agreement, you retain all rights, titles, and interests, including worldwide intellectual property rights, in and to your content that you submit, post, or display on or through secondcollection.org. By posting or providing content, you grant Second Collection an unlimited, worldwide, non-exclusive right and license to use, display, distribute, copy, share, modify, and create derivative works of your content without further compensation or payment. Second Collection will not acquire any right, title, or interest in or to such content, except as provided herein. Any rights not granted by you remain with you. You represent and warrant that your content and our use of your content will not infringe any third party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity, or otherwise violate these Terms or applicable law.

You agree not to create or distribute information, including but not limited to advertisements, press releases, or other marketing materials, or include links to any sites that offer such information, if it:

• Contains or suggests an endorsement by Second Collection of you or your content.
• Relates to this Agreement without prior review and written approval from Second Collection.

However, you may accurately disclose and describe your participation and your content (for example, promoting your content on your blog, social media sites, or in emails).

You understand that all fundraising campaigns, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such content originated. More specifically, you are entirely responsible for each individual item (“Item”) of content that you post, email, or otherwise make available via the Service. As described in the “Termination” section, you have the right to terminate this Agreement and revoke certain licenses you are granting in this Agreement with respect to content you provide. If you choose to revoke in writing any of your revocable licenses, Second Collection will use commercially reasonable efforts to remove your content from the site upon receipt of your written notice of revocation. You acknowledge that you are aware Second Collection has limited practical ability to control or monitor possible infringement of your intellectual property rights by other parties and assumes no responsibility for controlling or monitoring such infringement. Additionally, Second Collection is not responsible for enforcing your intellectual property or for taking legal action against infringers. You or a third-party licensor, as appropriate, are responsible for protecting your intellectual property rights.

SECOND COLLECTION’S TRADEMARK LICENSE TO YOU

During the term of this Agreement and subject to your compliance with its terms and conditions, you are granted the right to use the trade names, trademarks, logos, and designations associated with Second Collection solely for the purpose of identifying Second Collection and solely in connection with your permitted activities under this Agreement.

You agree that all trademarks, logos, and designations of Second Collection, and all associated goodwill, are and will remain the sole property of Second Collection. Any goodwill generated from your licensed use of these marks will belong exclusively to Second Collection and benefit only Second Collection. Your use of these marks is subject to Second Collection’s control over the quality of any products or services related to the use of Second Collection’s marks.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service, subject to your eligibility and continued compliance with these Terms.

UNSOLICITED IDEA SUBMISSIONS

At Second Collection, we value the input of our community and appreciate your ideas and suggestions for improving our platform. To ensure clarity and avoid any potential misunderstandings, please note the following policy regarding submissions of ideas, comments, suggestions, proposals, or materials:

• All submissions are considered non-confidential and non-proprietary.
• We have no obligation to treat the submission with confidentiality or any contractual commitment.
• We are not liable for any use or disclosure of the submitted material.
• Second Collection has the right to use any submission for any purpose, commercial or otherwise, without providing compensation to the individual who made the submission.

COPYRIGHT INFRINGEMENT/DMCA NOTICE AND COMPLAINT OF INTELLECTUAL PROPERTY INFRINGEMENT

At Second Collection, we respect intellectual property rights and expect our users to do the same.

If you believe that your copyrighted work has been used in a manner that infringes on your rights, please send the following information to Second Collection’s designated agent, as outlined in the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), at [email protected]:

Copyright Agent:

Second Collection LLC
ATTN: Second Collection Copyright Agent
[To Be Completed]

Please include the following information in your notice:

1. Identification of Infringing Material: Provide a detailed description of the material on Second Collection that you believe is infringing your copyright, so we can locate it on our site.
2. Good Faith Statement: Include a statement asserting that you believe in good faith that the use of the material is not authorized by the copyright owner, its agent, or the law.
3. Verification Statement: Include a statement made under penalty of perjury confirming:
   • The information provided in your notice is accurate.
   • You are the copyright owner or are authorized to act on behalf of the copyright owner.
4. Contact Information: Provide your address, phone number, and email address.
5. Signature: Provide your physical or electronic signature.

If your DMCA notice is properly completed, we will take prompt action to address the complaint and may remove the infringing material. Please note that submitting false claims may have legal consequences, including potential lawsuits from affected parties.

All content on Second Collection, including text, graphics, images, logos, button icons, sounds, videos, software, and other materials, is protected under U.S. and international copyright, trademark, and other intellectual property laws. This content is the property of Second Collection LLC or its licensors. Unauthorized use of the content from Second Collection is prohibited and may violate these laws. You may only use the content for the purposes outlined in this Agreement, and copying of such content is restricted to personal, non-commercial use, provided no alterations or removal of proprietary notices occur.

CONTRIBUTORS/DONORS

As a donor on the Second Collection platform, you have the option to make your donation publicly visible, including to search engines such as Google and Yahoo. If you prefer to keep your Contribution, name, comment, and/or any associated social media profile picture private, you can select the ‘Anonymous’ option during the donation process.

You are responsible for thoroughly researching and evaluating any Campaigns before making a Contribution. All Contributions are made voluntarily and at your own discretion and risk. Second Collection does not guarantee that Contributions will be used as described or that a Campaign will meet its goals. We do not endorse, guarantee, or make any representations regarding the quality, safety, morality, or legality of any Campaign or Contribution, nor the accuracy of the content posted on our platform. You are responsible for determining how to treat your Contribution for tax purposes.

Both donors and Campaign Owners agree that if funds donated to a Campaign are not requested for transfer to the Campaign Owner’s account or refunded by the donor within one year of the donation, these funds may be allocated to Second Collection LLC to further its mission to “Crowdfund the Church”. By accepting these terms and conditions when making a donation, you consent to the creation of a Second Collection user account for receiving donation receipts and tracking your contributions through our platform.

TRANSACTIONS BETWEEN PARTIES

Second Collection acts as a platform facilitating donations from Donors to Campaign Owners. We do not ensure that donations are used for any specific purpose and are not liable for any misuse of funds by Campaign Owners or the intended beneficiaries. In cases where a Campaign is found to violate our terms, Second Collection reserves the right to terminate the Campaign Owner’s account or remove the Campaign.

Donations made through Second Collection are non-refundable. Any further interactions or resolutions following a donation are exclusively between Donors and Campaign Owners or their intended beneficiaries.

DISPUTES BETWEEN CAMPAIGN OWNERS AND DONORS

Second Collection facilitates donations but is not obligated to intervene in disputes between Campaign Owners and Donors. In the event of a disagreement, such as claims of non-compliance with our Terms or issues related to the Campaign’s progress, we may share the Campaign Owner’s contact information with the Donor to assist in resolving the matter directly between the parties.

If a Campaign Owner is found to be in breach of our Terms, Second Collection reserves the right to suspend or terminate the Campaign Owner’s account(s). Second Collection does not guarantee that donations will be used as intended and is not responsible for any misuse of funds by Campaign Owners or intended beneficiaries. All donations made through Second Collection are non-refundable. Any further interactions or resolutions after a donation are strictly between Donors and Campaign Owners or their intended beneficiaries.

FEES AND PAYMENTS

Second Collection charges a 5% platform fee on all donations processed through our site. In addition, Stripe Connect, our payment processor, applies its own processing fees. These fees are as follows:

• Platform Fee: 5% of each donation.
• Stripe Processing Fee:
  • US and Canada: 2.9% + $0.30 per transaction.
  • UK: 2.4% + 20p per transaction.
  • International: 2.9% + $0.30 per transaction.

Setting up an account on Second Collection is free, and there are no fees for Donors to make contributions or for Campaign Owners to create campaigns. Contributions are typically made via credit card, and all fees are automatically deducted from each transaction.

You are responsible for any applicable taxes related to your use of the Service. Second Collection does not control the fees charged by Stripe Connect or other third-party payment processors. By using our platform, you agree to the terms of service of these third-party providers, which may be updated periodically.

As a Campaign Owner, you also agree to provide accurate and complete information to Second Collection and authorize us to share this information with our payment processing partners as necessary.

All fee changes will be posted on our site, and updated fees will apply to new campaigns launched after the notice is posted. If you have any questions regarding fees or payments, please contact us at [email protected].

Why do you charge a 5% fee?

The 5% fee charged by Second Collection helps us cover the costs associated with operating and maintaining our platform. This includes expenses related to technology, security, customer support, and continuous improvement of our services. The fee also supports our mission to provide a dedicated and user-friendly platform for supporting Catholic causes. By charging this fee, we ensure that we can keep the platform running smoothly and offer a reliable service to both Campaign Owners and Donors.

REFUNDS

Second Collection does not guarantee refunds for donations once they have been processed. Donations made through the platform are non-refundable and are directed to the intended Campaign Owners. Second Collection has limited ability to issue refunds and can only do so at its discretion if the donation has not yet been disbursed to the Campaign Owner. As such, it is the responsibility of each Campaign Owner and Donor to manage and resolve any issues or disputes directly. All Contributions, including the 5% platform fee and any applicable payment processing fees, are non-refundable.

CHARGEBACKS

In the event that a chargeback or dispute is filed against a donation, Second Collection will notify the Campaign Owner immediately. The Campaign Owner is responsible for returning any disputed funds to Second Collection until the matter is resolved. Fees associated with chargebacks will be charged to the Campaign Owner’s account. Second Collection reserves the right to cancel or suspend any Campaign at its discretion if issues related to chargebacks arise.

TAXES

Funds raised through Second Collection may be subject to taxation. Campaign Owners and beneficiaries should consult with a licensed tax advisor to understand their tax obligations. For U.S. Campaign Owners, Stripe complies with IRS requirements and will issue a Form 1099-K to Campaign Owners. As of November 2023, “IRS announces delay in Form 1099-K reporting threshold for third party platform payments in 2023; plans for a threshold of $5,000 for 2024 to phase in implementation”

This form reports the total amount of contributions received and is necessary for tax reporting purposes. It is the responsibility of the Campaign Owner to ensure compliance with all applicable tax laws and regulations. Stripe will issue the 1099-K to campaign owners. Please contact Stripe for further questions.

PAYMENT PROCESSING

If you are a Campaign Owner utilizing our third-party payment processing or a Donor making contributions through our platform, you agree to adhere to the Acceptable Use Policies of our payment processors.

PROHIBITED USE OF PAYMENT PROCESSORS

Second Collection employs third-party payment processors to handle contributions. You are prohibited from using these services for activities that:

• Violate any local, state, or federal laws, statutes, ordinances, or regulations.
• Relate to the sale or distribution of:
  • Narcotics, steroids, controlled substances, or products that pose a risk to consumer safety.
  • Drug paraphernalia.
  • Items that encourage or facilitate illegal activities.
  • Materials that promote hate, violence, racial intolerance, or exploitation of crimes.
  • Obscene materials.
  • Items infringing on intellectual property rights, such as copyrights or trademarks.
  • Sexually oriented materials or services.
  • Ammunition, firearms, or certain firearm components.
  • Weapons or knives regulated by applicable laws.
• Relate to transactions that:
  • Display personal information of third parties in violation of laws.
  • Support pyramid schemes, Ponzi schemes, or “get rich quick” schemes.
  • Involve purchases of real property, annuities, lottery contracts, lay-away systems, or offshore banking.
  • Include sales of items before the seller has possession.
  • Involve payment processing services for collecting payments on behalf of merchants.
  • Include Money Service Business activities like currency exchange or check cashing.
  • Offer credit repair or debt settlement services with a high likelihood of fraud.
  • Involve the sale of tobacco products or prescription drugs and devices.
  • Include gambling, gaming, or activities with entry fees and prizes, such as casino games, sports betting, or lotteries, unless authorized and legal in your jurisdiction.

SECOND COLLECTION SERVICE LIMITATIONS

You acknowledge that Second Collection may impose limits on the use of our platform, including restrictions on the duration that Content remains available, the maximum number and size of postings, messages, or other Content that can be uploaded or stored, and the frequency of access to the platform. You agree that Second Collection is not responsible for any loss or failure to store Content on the platform. Second Collection reserves the right to modify or discontinue any part of the Service at any time, with or without notice, and will not be liable to you or any third party for any changes, suspensions, or discontinuations of the Service.

ASSIGNMENT

You may not transfer or assign this Agreement, or any rights and licenses granted herein. However, Second Collection may assign this Agreement and any of its rights and obligations without restriction or need for consent.

TERMINATION

Termination of your account may result in the loss and destruction of all associated information. You can terminate your account by following the procedures outlined on the platform. Second Collection may retain your account information as required for regulatory, accounting, and legal compliance. Upon termination, provisions of the Terms of Use that by their nature should survive, including ownership rights, warranty disclaimers, indemnity, and limitations of liability, will continue to apply. Second Collection reserves the right to deactivate your account, block your email or IP address, or terminate your access to the Service at its sole discretion, immediately and without notice, if it believes you have acted contrary to the Agreement. Second Collection will not be liable for any consequences of terminating your access to the platform. You agree not to attempt to access or use the Service after termination.

PRIVACY POLICY

You can review the Second Collection Privacy Policy here [link]

REPORTING VIOLATIONS

We encourage all users to report any violations of our Terms of Use to Second Collection immediately. If you have concerns about whether a specific action may breach these Terms, please reach out to Second Collection’s Compliance Team at [email protected].

DISCLAIMER OF WARRANTIES

Second Collection provides its platform on an “as is” and “as available” basis, with no warranties, express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You acknowledge that using Second Collection is at your own risk. We do not guarantee the accuracy, reliability, or completeness of any content or services accessed through our platform or any third-party sites linked to Second Collection. We also disclaim any warranties related to viruses or other harmful components.

LIMITATION OF LIABILITY

Second Collection, including its affiliates, officers, employees, and agents, shall not be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages. Our liability is capped at the lesser of $100 or the amount of fees you paid to Second Collection related to the transaction from which the claim arises. This limitation applies regardless of the basis of the alleged liability, even if we have been advised of potential damages.

In jurisdictions that do not allow us to limit our liability as stated above, our liability will be limited to the maximum extent permitted by law. This does not exclude liability for:

• Death or personal injury caused by our negligence or that of our officers, employees, or agents
• Fraudulent misrepresentation or intentional misconduct
• Any liability that cannot be legally excluded now or in the future.

GOVERNING LAW/FORUM OF DISPUTE

These Terms and Conditions, as well as our provision of services to you, will be governed by the laws of the State of Texas, without regard to its conflict of law principles. You and Second Collection agree to submit to the personal and exclusive jurisdiction of the courts located within Grimes County, Texas.

You agree that:

• The Service shall be considered solely based in Texas.
• The Service shall be deemed a passive service that does not give rise to personal jurisdiction over Second Collection in jurisdictions other than Texas.
• Any dispute arising from or relating to these Terms and Conditions or our provision of services to you must be resolved in a court of competent jurisdiction located in Grimes County, Texas.

If you fail to bring a dispute in accordance with these “Forum of Dispute” provisions, we may file a motion to dismiss your claim, which you must consent to, and you will be responsible for all reasonable attorneys’ fees, costs, and disbursements incurred in making such a motion. Additionally, the prevailing party in any dispute will be entitled to recover from the losing party all reasonable attorneys’ fees, costs, and disbursements.

Both you and Second Collection agree that any disputes or claims that arise between you and Second Collection related to these Terms or your use of the Service will be resolved exclusively through final and binding arbitration, rather than in court, except that you may bring claims in small claims court if they qualify. The Federal Arbitration Act governs this arbitration agreement. There will be no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court (including injunctive relief or statutory damages) and must adhere to these Terms as a court would.

To initiate an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent:

Second Collection LLC
ATTN: Registered Agent
5900 Balcones Dr, Suite 100
Austin, TX 78731

WAIVER AND RELEASE

If you are a resident in a jurisdiction that mandates a specific waiver and release statement, the following applies. For instance, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542, which states:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

By agreeing to these terms, you expressly waive the rights provided under Section 1542 of the California Civil Code, as well as any similar provisions in other laws, regulations, or codes that have the same effect or intent. This waiver extends to all claims, whether known or unknown, that might arise in connection with your use of the Second Collection platform.

LIQUIDATED DAMAGES

To report any violations of these Terms, please flag the relevant postings for review or email us at: [email protected]. Our decision not to act immediately on a breach by you or others does not waive our right to address subsequent or similar breaches.

Due to the difficulty in quantifying damages, if it becomes necessary for Second Collection to pursue legal action to enforce these Terms, you agree to the following liquidated damages, which you accept as reasonable estimates of Second Collection’s damages for specific breaches:

• Impersonation: If you post content that impersonates any person or entity, or falsely states or misrepresents your affiliation with a person or entity, or includes personal or identifying information about another person without that person’s explicit consent, you agree to pay Second Collection one thousand dollars ($1,000) for each such posting, plus attorneys’ fees and costs.
• Content Violations: If you post content in violation of these Terms, other than as described above, you agree to pay Second Collection one hundred dollars ($100) for each item of content posted, plus attorneys’ fees and costs.
• Unauthorized Use: If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit any content (except your own content) in violation of these Terms without Second Collection’s express written permission, you agree to pay Second Collection three thousand dollars ($3,000) for each day on which you engage in such conduct, plus attorneys’ fees and costs.

In addition, you agree to pay Second Collection’s actual damages plus attorneys’ fees and costs, to the extent such damages can be reasonably calculated. Second Collection reserves the right to seek specific performance of any term in these Terms or to obtain a preliminary or permanent injunction against any breach or in aid of enforcing any rights under these Terms. At its sole discretion, Second Collection may issue a warning before assessing damages.

LOCAL STANDARDS

The Second Collection platform is not warranted to be suitable for use in all locations. Users accessing the platform do so on their own initiative and must comply with local laws as applicable.

DISCLAIMER

Campaign Owners should be aware that various states have laws governing charitable solicitations, including registration and reporting requirements. Second Collection provides a technological platform to connect Campaign Owners with donors but is not responsible for ensuring compliance with these laws. Users of the platform are fully responsible for adhering to relevant legal requirements.

INDEMNIFICATION

You agree to indemnify and hold Second Collection, its officers, affiliates, directors, agents, and employees harmless from any claims or demands, including reasonable attorney fees and court costs, arising out of Content you submit or make available through the Service, your use of the Service, your violation of these Terms, or any infringement of another’s rights.

ANTI-MONEY LAUNDERING AND COUNTER-TERRORIST FINANCING

Second Collection is committed to complying with all applicable anti-money laundering and counter-terrorist financing regulations. Our third-party payment processors employ strict measures to detect and prevent suspicious activities. They screen accounts against relevant government watch lists and may request documentation to verify identity or business information.

COOPERATION WITH AUTHORITIES

We will cooperate with law enforcement authorities as required by law and in response to any investigations into alleged illegal activities involving the use of our platform.

NOTIFICATION PROCEDURES

Second Collection may notify you via email, written notices, or postings on our website. You can opt out of certain notifications where applicable.

SUBPOENAS

To serve a subpoena on Second Collection LLC, please mail it to our registered agent at:

Second Collection LLC
ATTN: Registered Agent
5900 Balcones Dr, Suite 100
Austin, TX 78731

We do not accept service via email or fax.

SEVERABILITY/ENTIRE AGREEMENT

These Terms represent the entire agreement between you and Second Collection. If any provision is found to be unenforceable, the remaining terms will continue to apply. Any conflict between provisions will be resolved at Second Collection’s discretion. Failure to enforce any provision does not constitute a waiver of that provision.

CHANGES TO THIS AGREEMENT

We may update these Terms periodically. Changes will be posted on our website with an indication of the last modification date. Continuing to use our platform after updates signifies your acceptance of the revised Terms.

ENGLISH LANGUAGE

In case of any conflict between the English version of these Terms and any translated versions, the English version will govern. All disputes and proceedings will be conducted in English.

CONTACT US

For questions or concerns about these Terms, please contact us at:

Second Collection LLC
ATTN: Registered Agent
5900 Balcones Dr, Suite 100
Austin, TX 78731
Email: [email protected]