Terms of Use

Last updated: 3/13/2023

Welcome to iddeate! Please read these Terms of Use (“Terms” or “Agreement”) carefully. Colorado Nonprofit Development Center d/b/a iddeate (“iddeate”, “we”, “us”, or “our”) is a tax-exempt, not-for-profit Colorado corporation that owns and operates the iddeate website and associated sites (“Sites” or “Site”).

Representation of Adults with Intellectual and Developmental Disabilities (referred to herein as IDD)

Throughout the Terms of Use, Adults with IDD or iddeate beneficiaries are referred to as “iddeators” or “users.”

Updates to this Agreement

We may revise this Agreement at any time. By your continued use of the Sites, you agree to be bound by future revisions. If we make a material change to this Agreement we may post advance notice on the Site. If you are an iddeator with an active account, we may also notify you of any such changes via the email we have on file for you, or otherwise as required by law, and request your consent to such changes.

Usage of Our Sites and Services

To use the Sites, including our social media platforms such as Facebook and LinkedIn, you represent that:

You are a U.S. citizen physically located in the United States;
You are at least 18 years old;
You agree to comply with this legally-binding Agreement; and
You have all necessary rights and authority to use the Sites and iddeate’s services, including (but not limited to) the right to upload, post, and or otherwise provide to iddeate “User Content” (defined as any text, images, or other digital content posted or provided by a user of our site)

If you do not have the necessary authority, or if you do not agree with any of the Terms in this Agreement, then you may not use the Sites. Any use of the Sites in violation of this Agreement is prohibited.

To receive our services, you represent that:

You satisfy the requirements to use the Sites, as stated above;
You are lawfully able to enter into contracts, or are having your legal guardian is entering into this on your behalf; and
Are located in the State of Colorado, the State of Ohio, or the State of New Jersey.

Important Note for iddeators or those requesting resources

As specified below, you ensure that any User Content you post on the Site:

Does not violate any local laws, regulations, or policies of your employer or any service provider, and
Does not contain pictures of or information about any other individual with IDD without express permission from that individual or their parent(s) or legal guardian(s) as applicable.

Services

This section outlines the services that our Sites provide, and that are covered in these Terms

iddeate connects iddeators seeking resources and/or services with interested funders (referred to in these Terms as Donors), and supports facilitation of donations to those individuals’ resource request(s). The Sites provide you access to information, data, files, and services related to iddeate and its work including text, photographs, audio and video, graphics, software, logos, images, and other content and are subject to these Terms. Collectively, this content and User Content, along with any additional content posted or otherwise shared by iddeate, are considered “Site Content” for the purposes of this Agreement. Any new User Content or Site Content added to the Sites (including all revisions, modifications, and enhancements to the Sites) will be covered by this Agreement effective upon the date of each addition.

The Site is a platform that supports facilitation of donations from Donors to iddeators, but iddeate is not a party to any agreement between any users. iddeate is not a broker, agent, financial institution, creditor, or insurer for any user, and we don’t provide any financial, legal, tax, or other professional advice. Before making any decision regarding any donations submitting a request, you should consult your financial, legal, tax, or other professional advisor as appropriate. You acknowledge that you access any Site Content or funding provided by using the Site at your own risk.

Our Proprietary Materials

This section provides information on what you can and can’t do with the Content found on our Site.

iddeate owns (or is licensed to use) the Sites, and the trademarks, service marks, and logos within it. These are protected by copyright, patent, trademark, and other intellectual property laws of the United States and other countries, as well as by international treaties and conventions.

The Site, including its Site Content, may be used solely for your personal, informational, and non-commercial purposes. You may not modify, copy, scrape, augment, delete, distribute, transmit, reproduce, publish, license, monetize, create derivative works from, transfer, or sell the Site Content you access through our Sites, except that you may view the Site and its Site Content in their present form. All other uses of the Site and Site Content require prior written consent from iddeate. All rights to this Site Content are reserved by iddeate or their respective owners, except where noted otherwise.

We grant you limited rights to link to our Sites. By publishing a link to our Sites on your website, you warrant that the content of your website is appropriate and consistent with the stated purposes of the Sites and iddeate. If this is not the case, you may not link to any Site. iddeate reserves the right to rescind the right to link to its Sites at its sole discretion.

Use and Restrictions

This section outlines the things that you can and can’t do when accessing or using our Sites, regardless of whether you’ve set up an account.

You are responsible for using the Sites according to the Terms, and you are responsible for your activity on the Sites and for all activity that occurs under your account, should you choose to create one.

If you create an account, you agree to:

Only provide information that is true and accurate, and to promptly update that information in the event of any change;
Maintain the confidentiality of your user name and password;
Notify iddeate if you know of or suspect a security breach of our Sites;
Maintain only one account;
Use the Sites in compliance with all applicable laws, regulations, and institutional policies.

You will not use the Sites to:

Harm, threaten, abuse, disrespect or harass other users or our staff, or share User Content that is unlawful, vulgar, obscene, libelous, invasive of another’s privacy, disrespectful, hateful, or racially, ethnically, or otherwise objectionable;
Impersonate another user or provide false information;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Sites;
Damage or interfere, or attempt to damage or interfere with the proper working of the Site or surreptitiously intercept any system, data, or personal information from the Site. This includes transmitting any material to the Sites that contains viruses, worms, files, programs, or other computer code designed to disable, interrupt, destroy, redirect, monitor another’s usage, or to limit or otherwise inhibit the functionality of any computer software, hardware, or telecommunications equipment;
Intentionally or unintentionally violate any applicable law;
Resell, decompile, reverse engineer, disassemble, or otherwise convert the software underlying the Sites; or Monitor the Site’s availability, performance, or functionality for any competitive purpose, or develop a competing product or service using the Site Content available on the Site;
Contact, advertise to, solicit, or sell to any person featured on the Site; or to otherwise use contact information provided on the Site for unauthorized purposes.

Any unauthorized use of the Site or its Site Content may subject you to civil or criminal liability and may result in iddeate terminating your use of the Site. iddeate reserves the right to exclude any user from the Site, including any iddeator or Donor, at its sole discretion. iddeate does not have the obligation to monitor comments on the Site. iddeate has the right to remove any Site Content on our Site.

You recognize that if you breach these Terms, it may cause iddeate and others to suffer irreparable loss, damage, and harm in an amount not easily ascertained. You therefore agree that iddeate may immediately seek an injunction against you to stop your distribution, display, or copying of any Site content, and you waive any objection to the scope of such an action.

Content Use

As a crowdfunding platform, we rely on user-generated content to run our website. This section covers the rules you need to abide by and the permission you give us when submitting any content to iddeate.

When you submit Content to iddeate, you represent that you have all the necessary rights, licenses, waivers, and releases to post, email, or upload the Content. You’re also responsible for the legality, reliability, appropriateness, relevance, originality, and copyright of any such Content.

How iddeate may use Content, which includes User Content and Resource Request Content: You retain ownership of the User Content you create or submit to iddeate. With respect to your Resource Request Content (defined as: your name, city, state, resource request essay, impact letter, donation comments, and photos), you grant us and others working on our behalf a perpetual, irrevocable, worldwide, non-exclusive, fully-paid, and fully-sublicensable license to use any Resource Request Content, and any portion thereof, in furtherance of iddeate’s purposes and activities and to promote iddeate, the Sites, and its programs. This includes the right to copy, publish, display, or create derivative works, in marketing efforts on third-party platforms, such as but not limited to, Facebook and Google, and make other uses of the Content, including but not limited to User Content posted or provided to our Sites and Resource Request Content, and license others to do the same, for iddeate’s purposes, whether or not your resource request is funded.

iddeate may use Content, including User Content and Resource Request Content, either as-is or anonymized, for analysis and research. iddeate may hire third parties to perform the analysis on behalf of iddeate.

iddeate may share or sell aggregated, anonymized data with government agencies, service providers, research organizations, educational institutions, or other for-profit and nonprofit entities.

Any questions, suggestions, ideas, feedback, or other information about the Site or User Content provided by you to iddeate are non-confidential. iddeate is entitled to unrestricted use and dissemination of these submissions for any purpose—commercial or otherwise—without acknowledgment or compensation to you.

iddeate may preserve any User Content and may also 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 comply with legal process, applicable laws, or government requests; to enforce these Terms; to respond to claims that any User Content violates the rights of third parties; or to protect the rights, property, or personal safety of iddeate, its users, or the public.

If any User Content you upload or post to the Site contains your name, image, or likeness, you hereby release and hold harmless iddeate and its contractors and employees from all claims of invasion of privacy, publicity, libel, or any other claims made by you or any successor to such claim in connection with the User Content you provided.

How iddeate partners (who fund your resource request) may use User Content, which includes resource request Content: You grant a perpetual, irrevocable, worldwide, non-exclusive, fully-paid, and fully-sublicensable license to any iddeate partners who contribute funding to your resource request to use any resource request Content internally and externally, included but not limited to, in their marketing efforts on third-party platforms, such as but not limited to, Facebook and Google.

Copyright Issues

This section describes the process you agree to should there be any copyright concerns regarding Content on our Sites.

We will process and investigate clear notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.

If you’d like to submit a claim of copyright infringement, please find contact information below.

Our designated agent for notice of alleged copyright infringement is:
iddeate
Subject: Trust & Safety / Copyright Infringement Inquiry
safety@iddeate.org

iddeator Terms

This section outlines what’s additionally required of you when creating a resource request on iddeate.

iddeator Submission

By submitting a resource request with iddeate, you acknowledge and agree that:

You are an “adult with IDD” meaning that you have a medical diagnosis falling within the below parameters, and meet all of the following criteria:
- You are at least 18 years of age
- You have a medical diagnosis of an intellectual or developmental disability that falls within the DSM-5
No local law, regulation, or institutional policy prohibits your use of the Site, and you have obtained all necessary authorization to enter into this Agreement.
From time to time, iddeate may contact you through email or by phone (including automated calls and messages) about your account, your resource request, or use of the Sites. Even if you “opt out” of a correspondence, you’re still responsible to be aware of any information or updates we send about your account.

Resource Request Submissions

iddeate has sole discretion to approve resource requests submitted by iddeators. By creating a resource request on our Site, you acknowledge and agree that:

The activity you propose is legal, and you will complete, participate, and/or access the resource request in its entirety if fully funded.
You, your friends, or your family members will not financially benefit in any way from the resource request.
You have the right to upload all data or information that you provide on behalf of yourself. You are solely responsible for obtaining these rights, permissions, and authorizations before submitting this User Content to iddeate.
Any resource requests you submit are for the sole use of you, the iddeator (or your beneficiary).
iddeate is not required to treat any submission as confidential, and will always post resource requests requesting funding alongside the iddeator’s username, city, and state.

Fully-Funded Resource Requests

By submitting a resource request, you agree to the following if the resource request is fully funded:

Requested resources will be used to fulfill the need described in your resource request essay. In the case of professional development resource requests, you agree that the requested resources and/or funds will solely be used to help you improve your skills.
You will fulfill your thank-you kit responsibilities (as detailed below) in a timely manner, and you will contact iddeate immediately if you can’t do that. We can provide reasonable guidance to develop an alternative plan.
You understand that if you do not take reasonable action to fulfill your resource request within a reasonable amount of time, we reserve the right to close your resource request and reallocate donations as needed. Further, iddeators who do not use resource requests within 60 days will be barred from future use of iddeate.
You understand that an excessive number of item replacements within one resource request or across multiple resource requests may result in an audit of your account.

Thank-You Kit – Your Responsibilities

Once a resource request is fully funded and implemented (i.e., the materials are put to use, or the resource utilization takes place), iddeators or users of the Sites are required to complete a thank-you kit (“TYK”). The TYK consists of an impact letter from the iddeator, a thank you letter from iddeate, and a full cost report, at a minimum. In submitting these portions of your TYK, you agree to the following:

Digital thank-you letters will not contain any personal information that may identify personal information (for example, their address) about an iddeator.
You understand that the promptness and thoroughness with which you complete the TYK may affect how many resource requests you are allowed to submit in the future

Donor Terms

This section defines what you agree to when providing donations to iddeators via iddeate.

Donations to resource requests

Each donation made to iddeate goes directly to fund the resource request or iddeator for which it was given. Donors are encouraged to allocate an additional 15% of their donation towards iddeate operations but can remove this allocation at time of donation.

Included in the “material cost” (i.e., the price of the resource request exclusive of a donation to iddeate operations) are: shipping charges, sales tax, credit card processing fees (regardless of payment method), and the cost of labor and materials needed to fulfill each resource request (which includes processing TYKs).

We cannot offer refunds on donations. If the resource request to which you donated expires or otherwise doesn’t move forward before it is fully funded, we will issue an account credit via a coupon code in your donor account and via email to be applied to a different resource request of your choosing. Account credits not used after 12 months will expire, and the remaining funds will be directed to iddeate’s operations account.

Terms of Donating

iddeate is a project of Colorado Nonprofit Development Center, a Colorado nonprofit charity exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code.

To obtain information or inquire about your donation, please email us at: donation@iddeate.org

By placing a donation with iddeate you agree that:

Any donation you make is legal in your jurisdiction.
iddeate cannot be responsible for the success of any proposed or funded resource requests or for the activities (or lack thereof) of the iddeator participating in any proposed or funded resource requests.
We may, but are not obligated to, share information with you regarding each resource request. This may include descriptions of the proposed activity, photographs of the completed resource request, and thank-you notes. This Site Content and others we may send are solely for your personal, non-commercial use and may not be distributed, displayed, or copied unless expressly authorized by iddeate.
You understand that, if materials listed for a resource request you funded are not available once the iddeator has received full resource request funding, the iddeator may select alternate materials that will benefit them.

Third Party Websites

This section describes how iddeate links to websites, and what that means for you.

The Sites may provide links to other websites (“Linked Sites”) as a convenience to you. Such Linked Sites are not maintained by iddeate, thus iddeate is not responsible for the content, products, services, policies, or activities of those Linked Sites. The inclusion of any link to such Linked Sites does not imply endorsement by iddeate of the Linked Sites.

Disclaimers

This section describes how the use of the Sites is at your own risk, and that iddeate makes no warranties of any kind including any guarantee of funding for resource requests.

You expressly understand and agree that your use of the Sites, including the Site Content and resources and experiences funded through use of iddeate, is at your sole risk. The Site and all Site Content are provided on an “as is” and “as available” basis, without warranty of any kind. iddeate hereby expressly disclaims all warranties and conditions with regard to this Site and the Site Content, including without limitation, all express or implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

iddeate makes no warranty that: (i) this Site and its Site Content: are accurate, complete, timely, continually available, uninterrupted, virus-free, or error-free; (ii) the results that may be obtained from the use of the Site or its Site Content will be reliable; (iii) any errors in the Site Content will be corrected; and (iv) the Site or the service that makes it available are free of viruses or other harmful components or free of any breach of security (including data breach). In addition, we make no representation about the suitability of the Site Content for any purpose. You (and not iddeate) assume the entire cost and risk of using this Site and its Site Content. iddeate retains the right to restrict use of the Sites, in any manner it deems appropriate.
iddeate makes no warranty that: (i) this Site and its Site Content: are accurate, complete, timely, continually available, uninterrupted, virus-free, or error-free; (ii) the results that may be obtained from the use of the Site or its Site Content will be reliable; (iii) any errors in the Site Content will be corrected; and (iv) the Site or the service that makes it available are free of viruses or other harmful components or free of any breach of security (including data breach). In addition, we make no representation about the suitability of the Site Content for any purpose. You (and not iddeate) assume the entire cost and risk of using this Site and its Site Content. iddeate retains the right to restrict use of the Sites, in any manner it deems appropriate.

Limitation of Liability

This section explains how we are not liable for any damages resulting from your use of our Sites.

In no event shall iddeate, its agents, affiliates, licensors, and service providers, and, in each case, their directors, officers, representatives, employees, subcontractors, advisors, volunteers, or anyone else who has been involved in the creation, production, or delivery of the Sites and the Site Content contained thereon (collectively “iddeate and its Affiliates”) be liable for any damages whatsoever, including, without limitation: direct, indirect, punitive, incidental, special, consequential, or exemplary damages, damages for loss of products, use of data or other intangible losses resulting from the use of any of the Sites, the Site Content contained thereon, or any linked site, or with the delay or inability to use the Sites or the Site Content contained thereon, (including any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or equipment or network failure) whether based on contract, tort, strict liability, or otherwise, even if there is negligence by iddeate and/or any authorized iddeate representative or any person has been advised of the possibility of such damages.

You understand and agree that your use of the Sites is predicated upon your waiver of any right to sue iddeate and its affiliates and to participate in any class action suit for any losses or damages resulting from your use of the Sites. Where applicable law does not permit the limitation of liability, implied warranties, or the exclusion or limitation of certain damages set forth above, the aggregate liability of iddeate shall not exceed one hundred dollars ($100).

iddeate has no control over the conduct of or any information provided by Donors, iddeators, or any user(s), and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law, including, but not limited to, any errors or omissions in the User Content, for any loss of any kind incurred as a result of the use of any such User Content.

Termination

This section describes how this Agreement can be terminated by you or iddeate, and what you agree to when that happens.

You may terminate this Agreement by contacting us to cancel your Donor or iddeator account, as applicable, and stopping all use of the Sites. iddeate’s rights to the User Content and other content provided pursuant to this Agreement survive the termination of this Agreement. Your restrictions on the use of iddeate’s content likewise survives the termination of this Agreement.

iddeate may take any action against you that we deem necessary or appropriate if we believe that you are violating these Terms, infringing any intellectual property right or other right of any person or entity, violating any law, or creating liability for iddeate. We will take all appropriate legal action, including, without limitation, referral to law enforcement. We may also terminate, suspend, or limit your access to all or part of the Site and the Site Content for any or no reasons, including, without limitation, any violation of this Agreement, in our sole judgment, and without warning or prior notice.

Severability and Construction

If any provision of this Agreement is unlawful, void, or unenforceable, the remaining provisions will remain in effect. The section headings are for convenience only and do not have any force or effect.

Resolution of Disputes & Governing Law

This Agreement contains a binding arbitration provision which may be enforced by the parties.

Any controversy or claim arising out of or relating to your use of any Site or this Agreement must be brought within one (1) year after the cause of action arises, or such claim or clause of action is barred, and shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association to be heard and adjudicated by one arbitrator to be mutually chosen by you and iddeate. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.The arbitration shall be conducted in El Paso County, Colorado, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) shall be brought in and subject to the exclusive jurisdiction of the State and federal courts of El Paso County, Colorado, and you waive all affirmative and legal defenses in respect to any jurisdictional, venue, or inconvenient forum objections. Either you or iddeate may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in El Paso County, Colorado, as may be necessary to protect the rights or property of you or iddeate pending the completion of arbitration.

Any dispute relating to this Agreement, the Site, or any services provided by iddeate shall be governed by the laws of the State of Colorado and venue for any such dispute shall be El Paso County, Colorado. You waive all affirmative and legal defenses regarding jurisdiction, forum, and venue.

Indemnification

You agree to indemnify, defend, and hold iddeate and its Affiliates harmless from and against any and all loss, liability, claims, causes, actions, damages, or penalties including reasonable attorneys’ fees incurred in connection with any claim made by any third party due to or arising out of the following

Your use of any Site or Site Content in violation of any term of this Agreement or any applicable law or regulation;
Breach of your representations and warranties as set forth in these Terms;
Any User Content you provide to iddeate or the Site;
Any technical, security, or other disruption to the Site or systems transmitting the Site to you to the extent such disruption is related to your actions;
Any action taken by us during or as a result of any investigation by us into you.

You agree that you’ll cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

State Fundraising Notices

Our financial report is always sent free to anyone requesting a copy, but certain States require us to advise you that a copy of our financial report is available from them. Registration with the Secretary of State or Attorney General of any state does not imply endorsement by such body.

Contact iddeate

If you have any questions about the Sites or this Agreement, you may contact us via email at support@iddeate.org.

Privacy

We are committed to protecting the privacy of any personal information you may provide to us when you use the Sites. This Agreement includes and incorporates by reference iddeate’s Privacy Privacy Policy. By accepting the terms of this Agreement, you agree to abide by the terms of this Privacy Policy.

Entire Agreement

This Agreement, including the terms specifically applicable to Donors and iddeators, and other policies and notices iddeate may post on the Sites, constitute the entire agreement between iddeate and you in connection with your use of the Sites and supersedes any prior agreements between iddeate and you regarding such matters, including prior versions of this Agreement. The terms of this Agreement are effective until terminated. In the event of termination, the disclaimers, limitations of liabilities, and indemnities set forth in this Agreement will survive.