Terms of Use

Last Updated: Thursday, October 10, 2024

Welcome to Fund My Piggy. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services, and web application platform (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

Email: support@fundmypiggy.com

These Terms of Use (the “Terms”) are a binding contract between you and WHAT IS MONEY, INC. d/b/a Fund My Piggy (“Fund My Piggy,” “we” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), such as those instituted by our payment processing partners, which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.

Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

What are the Services?

Fund My Piggy is a platform that allows users to create gift registries or fundraisers for personal or special occasions, such as weddings, birthdays, graduations, or even for education or business ventures. Beneficiaries can share their registry or fundraiser with friends, family, and their broader community to receive cash gifts or donations. Through partnerships with payment processors, Fund My Piggy converts these cash contributions into Bitcoin, which is then transferred directly to the beneficiary's Bitcoin wallet. Fund My Piggy charges a small percentage fee on the cash payment amounts for providing the Services.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at fundmypiggy.com, send you an email, and/or notify you by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

Fund My Piggy takes the privacy of its users very seriously. For the current Fund My Piggy Privacy Policy, please click here.

Children’s Online Privacy Protection Act

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 18 years of age (the minimum age required to create a Fund My Piggy User ID and use the Services); if you are a child under 18 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 18 years of age, we will delete that information as quickly as possible. If you believe that a child under 18 years of age may have provided us personal information, please contact us at support@fundmypiggy.com.

What are the basics of using Fund My Piggy?

You may be required to sign up for an account, select a password and user name (“Fund My Piggy User ID”), and provide us with certain information or data, such as your contact information and a linked Bitcoin wallet. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Fund My Piggy User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Google. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf).

You will only use the Services for your own internal, personal, and non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You will not share your Fund My Piggy User ID, account or password with anyone, and you must protect the security of your Fund My Piggy User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Fund My Piggy User ID and account.

What about messaging?

As part of the Services, you may receive communications through the Services, including messages that Fund My Piggy sends you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want Fund My Piggy to send you information regarding your account or transactions with us, which may include Fund My Piggy using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Fund My Piggy, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Fund My Piggy. You agree to indemnify and hold Fund My Piggy harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

Are there restrictions in how I can use the Services?

You represent, warrant, and agree that you will not provide or contribute anything, including any Content (as that term is defined below), to the Services, or otherwise use or interact with the Services, in a manner that:

• infringes or violates the intellectual property rights or any other rights of anyone else (including Fund My Piggy);
• violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Fund My Piggy;
• is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
• jeopardizes the security of your Fund My Piggy User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);
• attempts, in any manner, to obtain the password, account, or other security information from any other user;
• violates the security of any computer network, or cracks any passwords or security encryption codes;
• runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
• “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
• copies or stores any significant portion of the Content; or
• decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What about my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Fund My Piggy's) rights.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i) any Content other than Content that is subject to a separate license agreement with us, (ii) any Content that is not subject to a separate license agreement with us, or (iii) Content solely for the purpose of operating the Services, in which case the license is limited to the minimum extent necessary to enable you to use the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Fund My Piggy owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

Who is responsible for what I see and do on the Services?

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services (e.g. write-ups with respect to a fundraiser), and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Fund My Piggy. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Fund My Piggy is not responsible for such risks.

Fund My Piggy has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Fund My Piggy will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Fund My Piggy shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Fund My Piggy is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Fund My Piggy, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “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.”

What about third party wallets and payment processors?

Fund My Piggy partners with third-party payment processors, such as BitPay, Inc. and Stripe, Inc. to process cash payments and facilitate the conversion of cash payments into Bitcoin. Additionally, users may opt to use third-party wallet providers to store their Bitcoin. Please be aware that by using these third-party services through our platform, you are also agreeing to be bound by the terms and conditions of those service providers.

Fund My Piggy cannot be held responsible for any issues, delays, or failures caused by these third-party services, including, but not limited to:

• Delays in the processing or transfer of payments (including any associated changes in conversion rates during such delays).
• Service interruptions or lags during Bitcoin conversion.
• Delays in the delivery of Bitcoin to your designated wallet.
• Any fees, security measures, or actions taken by the third-party providers, such as BitPay, Stripe, or your wallet provider.

We strongly encourage you to review the terms and conditions, privacy policies, and any other applicable agreements of the third-party services you access through our platform. Fund My Piggy does not control these third-party services and disclaims all liability for any losses or issues you may experience as a result of using them. Any disputes or concerns related to these services must be addressed directly with the third-party provider.

By using the Services, you acknowledge and agree that the risks associated with the use of third-party payment processors and wallet providers are beyond our control, and Fund My Piggy is not liable for any resulting losses, delays, or disruptions.

Will Fund My Piggy ever change the Services?

We're always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice. Please make sure to check the Terms of Use of any third-party websites or services you visit or use.

Do the Services cost anything?

Access to Fund My Piggy’s Services is currently free, and there are no subscription fees required to create a gift registry or fundraiser. However, Fund My Piggy operates on a transaction-based fee model. For each cash payment made through the platform, we deduct a small percentage of the total payment amount as a service fee (the “Fees”) before converting the remaining funds into Bitcoin. This percentage is charged on the cash payment amount and is detailed on our Fees Page. Because we charge a small percentage of the total payment amount as a service fee, you can only use the Services for free if you are a non-profit organization or a nonprofit organization.

Please note that while Fund My Piggy facilitates the conversion of cash payments into Bitcoin via our third-party payment processors, such as BitPay and Stripe, we are not a bank, neobank, or payment processor. We do not hold, transfer, or manage funds directly. All payments, conversions, and transfers are processed through our third-party partners, and users remain subject to their respective terms of service.

By using the Services, you agree to allow us to deduct our service Fee from each cash payment before the funds are transferred and converted into Bitcoin. You are also responsible for any additional fees or charges imposed by third-party payment processors or wallet providers. Fund My Piggy reserves the right to adjust its Fee structure at any time, with any changes communicated on our Fees Page and reflected in our updated terms.

For more information on the percentage of fees charged, please refer to our Fees Page.

What if I want to stop using the Services?

You’re free to do that at any time by contacting us at support@fundmypiggy.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

Fund My Piggy is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Fund My Piggy has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

If you have deleted your account by mistake, contact us immediately at support@fundmypiggy.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

What else do I need to know?

Warranty Disclaimer. Fund My Piggy and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Fund My Piggy and all such parties together, the “Fund My Piggy Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Fund My Piggy Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. FUND MY PIGGY PROVIDES ITS SERVICES AND CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FUND MY PIGGY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

YOU ACKNOWLEDGE THAT FUND MY PIGGY DOES NOT CONTROL, AND IS NOT RESPONSIBLE FOR, THE ACTIONS OR OMISSIONS OF ANY THIRD-PARTY SERVICE PROVIDERS, INCLUDING PAYMENT PROCESSORS LIKE BITPAY AND STRIPE OR WALLET PROVIDERS. FUND MY PIGGY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS, OR THAT THE BITCOIN OR CASH PAYMENT PROCESSES WILL BE TIMELY, SECURE, OR ACCURATE.

FUND MY PIGGY DOES NOT OFFER FINANCIAL, TAX, OR LEGAL ADVICE, AND WE DO NOT GUARANTEE THE PERFORMANCE OR VALUE OF ANY BITCOIN TRANSACTIONS PROCESSED THROUGH OUR PLATFORM. YOU ARE SOLELY RESPONSIBLE FOR UNDERSTANDING AND COMPLYING WITH ANY AND ALL APPLICABLE FINANCIAL, TAX, AND SECURITIES REGULATIONS IN YOUR JURISDICTION, INCLUDING THOSE RELATED TO THE RECEIPT AND TRANSFER OF BITCOIN. FUND MY PIGGY DOES NOT REPRESENT OR WARRANT THAT THE USE OF ITS SERVICES COMPLIES WITH THE LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU OR YOUR SPECIFIC SITUATION.

FURTHERMORE, FUND MY PIGGY IS NOT A BANK, NEO-BANK, PAYMENT PROCESSOR, OR LICENSED FINANCIAL INSTITUTION, AND WE DO NOT PROVIDE ANY BANKING OR CUSTODIAL SERVICES. ANY PAYMENTS MADE THROUGH THE PLATFORM ARE PROCESSED THROUGH THIRD-PARTY PAYMENT PROVIDERS, AND FUND MY PIGGY DISCLAIMS ALL LIABILITY FOR ANY ISSUES OR LOSSES RESULTING FROM THE USE OF THESE THIRD-PARTY SERVICES, INCLUDING DELAYS, ERRORS, OR UNAUTHORIZED TRANSACTIONS.

BY USING FUND MY PIGGY, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES, INCLUDING RELIANCE ON ANY THIRD-PARTY PAYMENT SOLUTIONS, IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY POTENTIAL RISKS, INCLUDING REGULATORY RISKS, ASSOCIATED WITH THE CONVERSION OF CASH PAYMENTS INTO BITCOIN.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE FUND MY PIGGY PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO FUND MY PIGGY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. You agree to indemnify and hold the Fund My Piggy Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Fund My Piggy's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.

Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Fund My Piggy and limits the manner in which you can seek relief from Fund My Piggy. Both you and Fund My Piggy acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Fund My Piggy's officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

(a)Arbitration Rules; Applicability of Arbitration Agreement.The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in San Francisco County, California . The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Fund My Piggy will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Fund My Piggy will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(c) Small Claims Court; Infringement.Either you or Fund My Piggy may assert claims, if they qualify, in small claims court in San Francisco County, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

(d) Waiver of Jury Trial. YOU AND FUND MY PIGGY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Fund My Piggy are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Fund My Piggy over whether to vacate or enforce an arbitration award, YOU AND FUND MY PIGGY WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

(e)Waiver of Class or Consolidated Actions.ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Fund My Piggy is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.

(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: [ADDRESS], [CITY], California [ZIP] postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Fund My Piggy to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Fund My Piggy agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, San Francisco County, California , or the federal district in which that county falls.

(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Fund My Piggy.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Fund My Piggy may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Fund My Piggy agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Fund My Piggy, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Fund My Piggy, and you do not have any authority of any kind to bind Fund My Piggy in any respect whatsoever.

Except as expressly set forth in the section above regarding the arbitration agreement, you and Fund My Piggy agree there are no third-party beneficiaries intended under these Terms.