Terms & Conditions

  • 1. Use is Acceptance and Forms an Agreement. Your use of the CheddarUp.com website constitutes your acceptance of these terms of use, so please review them carefully. Please review the following terms of use ("Terms of Use") that govern your use of CheddarUp.com (http://www.CheddarUp.com), a product of Cheddar Up, Inc., a Delaware corporation ("Cheddar Up"). These terms of use form an agreement between you and Cheddar Up that governs your use of CheddarUp.com. Some of the Cheddar Up Services may be available without need to sign in, and others may be accessible only after you sign in. Please read the requirements of these Terms of Use carefully. Your use of or registration for any Cheddar Up Services or access to CheddarUp.com will constitute your agreement to comply with these Terms of Use. If you do not agree with and comply with these Terms of Use, please do not use this website and exit CheddarUp.com immediately.
  • 2. What We Do. Cheddar Up's service allows you to pay and be paid. Our service facilitates collecting and paying for all types of uses including: group gifts and trips; group parties; organization dues and fees; club dues and fees; shared expenses; spirit wear; school fundraisers; events; and much more. We provide tools for collecting, paying, tracking, and reminding. We provide the ability to pay and receive payment and information online. While it is possible to make a payment without a Cheddar Up account, to receive payment, you must have a valid Cheddar Up account that you maintain in good standing. Payments on the Cheddar Up platform utilize the Stripe payment processing service. Your use of Cheddar Up’s online payment functionality will also constitute your acceptance of Stripe’s privacy policy and terms of use. The services we offer through the Website are the "Services."
  • 3. Not a Bank. Other than the limited function we provide in facilitating the ability to pay or be paid, Cheddar Up is not involved in any underlying transaction between you and any third party (regardless of whether that third party is also a user of our Services). We are not a bank and do not offer banking services. We are not a guarantor of payment or otherwise liable for payment. Cheddar Up is not responsible for missed payments, fraud, or any other issues related to payments.
  • 4. Fees. You agree to pay all fees for use of the Services as set forth on the Fees Page. You must represent to Cheddar Up that you are the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the Services. All fee-based Services are provided “As Is” with no warranties of any kind. Cheddar Up may change the fees for its Services from time to time. If someone attempts to pay you with an echeck (electronic bank transfer) and has insufficient funds, Cheddar Up will pass on a $1 fee to the collector. If someone disputes a payment through their credit card company that is attached to your collection, and this dispute is not resolved, Cheddar Up will charge the collector a $15 service fee. If the collector does not have a Cheddar Up balance, Cheddar Up has the right to attempt to recover these funds from your connected bank account.
  • 5. Refunds. Cheddar Up will issue refunds upon request by the collector if the request is made within 60 days of the payment being made. To request a refund, the collector should contact Cheddar Up at friendlysupport@cheddarup.com. It can take up to 10 days for refunds to be reflected on a bank or credit card statement. Cheddar Up does not issue refunds for users who subscribe to its PRO services, charged on a monthly basis, but of course, subscription can be cancelled at any time.
  • 6. Selling of Goods. If the Cheddar Up platform is used to collect money for the sale of goods, Cheddar Up is not responsible for the quality, shipment, or delivery of these goods. If you purchase something that is not delivered, you must work directly with the third party (or collector) to resolve the matter. If you fraudulently sell goods on Cheddar Up, Cheddar Up has the right to attempt to recover these funds from your Cheddar Up account or connected bank account.
  • 7. Fraud. If Cheddar Up detects that you have collected funds fraudulently into your Cheddar Up account, Cheddar Up has the right to attempt to recover any collected funds (and associated dispute fees) from your Cheddar Up account or connected bank account.
  • 8. Modification to the Terms of Use. Cheddar Up may modify these Terms of Use at any time in its sole discretion. All changes are effective at the time we post them, and those changes will apply to any subsequent access and use of the website by you. Each time you access the CheddarUp.com website, you will be deemed to have accepted any such changes. If we do modify these Terms of Use, we may (at Cheddar Up's discretion) provide you no notice or notify you of such changes via e-mail at the e-mail address you provided to Cheddar Up at the time of registration.
  • 9. Compliance with Laws. You agree not to use the Services to purchase illegal goods or services, seek payment for other than what is rightfully owed, or otherwise to participate in any activity that violates applicable law. You agree to comply with applicable law.
  • 10. Termination of Your Use. We may terminate or suspend your access to all or part of the website for any or no reason, including but not limited to your failure to comply with these Terms of Use, in addition to Cheddar Up's other remedies.
  • 11. Termination of CheddarUp.com or Cheddar Up Services. Cheddar Up may at any time and without notice, terminate CheddarUp.com in part or in its entirety or any products or services offered through CheddarUp.com.
  • 12. Privacy Policy. Please read our Privacy Policy to better comprehend how we collect and use your personal information. Your use of CheddarUp.com also constitutes your agreement to our Privacy Policy.
  • 13. Cheddar Up Ownership. CheddarUp.com is owned and operated by Cheddar Up. Unless otherwise noted, Cheddar Up either owns or has otherwise obtained a license from a third party to use: the design and content of CheddarUp.com, including illustrations, images, artwork, graphics, photography, product layout and design, icons, navigational buttons, audio, software, text, data, and other information and materials as well as the assembly and arrangement of those components (the "Site Content"). The site, as a whole and in part, is protected by copyright, trademark, and other intellectual property and proprietary rights. All rights are reserved, and your use of the service gives you no license or any claim of ownership to any of those rights.
  • 14. No Unauthorized Use of Site Content. You agree not to make unauthorized use of Site Content by publication, re-transmission, distribution, performance, caching, or otherwise, except as permitted by law or as expressly permitted in writing by these Terms of Use or Cheddar Up. Cheddar Up will investigate all unauthorized and other illegal uses of the site, and take appropriate legal action as it deems appropriate, including without limitation, the pursuit of all available civil, injunctive, and criminal remedies. Illegal and unauthorized uses of CheddarUp.com include, without limitation, efforts to collect usernames or email addresses of users for the purpose of sending unsolicited email and the unauthorized framing of or linking to the site.
  • 15. Eligibility to Use This Site. CheddarUp.com and the Services are not intended for users under the age of 18. To register for any Services offered on CheddarUp.com, you must be 18 years of age or older. If you are a minor under the age of 18, you may only use CheddarUp.com in conjunction with your parents or guardians. CheddarUp.com does not knowingly collect personally identifiable information from users under the age of 18. Children under 18 should not send any information about themselves to CheddarUp.com. If a child under 18 submits information through any part of CheddarUp.com, and Cheddar Up becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.
  • 16. Registering with Cheddar Up. You will need to provide us with your name, e-mail address, and certain information to register with us.
  • 17. Unacceptable Content. Cheddar Up may make certain Services available to users that register and facilitate such users' ability to post content, including text, images, photographs, graphics, comments, reviews, bulletin-board postings, and other user-created and posted materials ("User Content"), to public areas or private portions of CheddarUp.com. All User Content is subject to the restrictions set forth in these Terms of Use. If you post any User Content to any portion of CheddarUp.com, you agree not to post any User Content that is unacceptable ("Unacceptable Content"); Unacceptable Content includes, but is not limited to, User Content that:
  • (a) is obscene, indecent, lewd, or profane, including any User Content that is violent, pornographic, sexually explicit, obscene, offensive, indecent, or that otherwise contains nudity or sexual material, or depictions of violent or sexual acts;
  • (b) is abusive, harassing, hateful, threatening, inflammatory or otherwise objectionable, including User Content used to harass, threaten, or stalk a person;
  • (c) is unlawful or that could facilitate the violation of any applicable law, regulation, or governmental policy;
  • (d) is discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • (e) offers or otherwise disseminates any fraudulent goods, services, schemes or promotions, including pyramid schemes, or is otherwise deceptive;
  • (f) is libelous, defamatory, knowingly false, or misrepresentative;
  • (g) seeks to impersonate any person or entity, or falsely states or otherwise misrepresents an affiliation with a person or entity;
  • (h) infringes upon the intellectual property rights of any third party, including the copyrights, trademarks, patents, rights of privacy, rights of publicity, or trade secrets of that third party, or is otherwise posted without the express permission of the owner of such rights;
  • (i) includes any material that is encrypted or that involves the transmission of spamming, unsolicited mass mailing, "junk mail," or unauthorized advertising;
  • (j) is harmful or malicious to the systems or networks of Cheddar Up or any other persons;
  • (k) interferes with, surreptitiously intercepts, or appropriates any system, program, data, or personal information;
  • (l) violates any obligation of confidentiality or violates the privacy or any other right of any third party;
  • (m) consists of any other User Content that Cheddar Up in its sole discretion deems to be Unacceptable Content.
  • 18. Use of Content Supplied by You. Please see our Privacy Policy for information regarding use of personal information you provide or communicate to Cheddar Up. By posting User Content or engaging in any other form of communication through Cheddar Up, including but not limited to your uploading a photo to the CheddarUp.com website, you grant to Cheddar Up, and warrant that you have the right to so grant, a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, transmit, display, publish, adapt, modify, distribute, prepare derivative works, publicly perform, or exploit in any way (collectively "Use") such User Content or communication and to grant and authorize sublicenses of the foregoing for any purpose, including commercial purposes, and you otherwise waive any rights of privacy or publicity with respect to the User Content. Content posted by users is not endorsed by Cheddar Up. Cheddar Up does not necessarily endorse, support, or agree with the Content posted by users on Cheddar Up. Any User Content placed on Cheddar Up, including advice and opinions, are the views and responsibility of those who post the User Content and do not necessarily represent the views of Cheddar Up or its third-party service providers. Cheddar Up may (but undertakes no duty to) review, edit, move, or delete any User Content posted on CheddarUp.com, in its sole discretion without notice. You agree that Cheddar Up and any third-party service providers are not responsible for, and will have no obligation to compensate you or otherwise be in any way liable to you for any User Content posted to CheddarUp.com by you or others, including without limitation Unacceptable Content that violates these Terms of Use.
  • 19. Linking to the Website. You may link to the homepage of CheddarUp.com, but only if you do so in a way that is fair and legal and neither damages our reputation nor takes advantage of it. You must not establish a link in such a way to suggest any form of approval, endorsement, or association by Cheddar Up, unless we have provided our prior written consent.
  • 20. Third-Party Linkage. CheddarUp.com may link to third-party sites and third-party sites may link to CheddarUp.com. You acknowledge that Cheddar Up has not reviewed and does not endorse the content of third-party sites linked to and from CheddarUp.com and is not responsible for the content or actions of these other sites, including any third-party sites that may display Cheddar Up's logo or branding. Your linking through CheddarUp.com to any site is at your own risk.
  • 21. Copyright Complaints. Cheddar Up respects the intellectual property of others, and we ask our users to do the same. Cheddar Up may, in its sole discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on Cheddar Up in a way that constitutes copyright infringement, or that Cheddar Up contains links or other references to another online location that contains material or activity that infringes your copyright rights, please send us a written notice. Specifically, in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 USC Section 512 ("DMCA"), the written notice must include the following:
  • (a) your physical or electronic signature;
  • (b) identification of the copyrighted work or works you believe to have been infringed in a sufficiently precise manner to allow us to locate that material;
  • (c) adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address);
  • (d) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
  • (e) a statement that the information in the written notice is accurate; and
  • (f) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Failure to comply with all of the requirements of Section512(c)(3) of the DMCA may result in an ineffective notice. Please also note that if you knowingly and materially misrepresent that material on the website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. Our designated Copyright Agent to receive DMCA Notices is:
  • Cheddar Up, Inc.
    59 W Floyd Avenue
    Englewood, CO, 80110
    info@cheddarup.com
  • 22. Disclaimer of Warranties. YOUR USE OF CheddarUp.com, THE SERVICES, AND THE PRODUCTS AND SERVICES OF ANY THIRD-PARTY PROVIDERS IS "AS IS" AND AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, Cheddar Up, ITS AFFILIATES, AND ANY THIRD-PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND RELIABILITY. Cheddar Up AND ITS THIRD-PARTY SERVICE PROVIDERS DO NOT WARRANT THAT ACCESS TO CheddarUp.com WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES, WORMS, TROJAN HORSES, SPYWARE, ADWARE, PHISHING, OR OTHER MALICICIOUS SOFTWARE (MALWARE) WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF CheddarUp.com.
  • 23. Limitation of Liability. REGARDLESS OF THE NATURE OF THE CLAIM OR CAUSE OF ACTION AND REGARDLESS OF FORESEEABILITY, Cheddar Up AND ANY THIRD-PARTY SERVICE PROVIDERS ARE NOT LIABLE TO YOU OR ANY THIRD PARTIES FOR:
  • (a) ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR FOR ANY LOST PROFITS OR REVENUES ARISING OUT OF THESE TERMS OF USE, THE SERVICES, OR THE PURCHASE OF ANY MERCHANDISE ORDERED THROUGH CheddarUp.com;
  • (b) YOUR INABILITY TO ACCESS CheddarUp.com;
  • (c) YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE CONTENT, OR MATERIALS AVAILABLE THROUGH THIRD-PARTY SITES LINKED TO CheddarUp.com; AND
  • (d) ANY VIRUSES, WORMS, TROJAN HORSES, SPYWARE, ADWARE, PHISHING, OR OTHER MALICICIOUS SOFTWARE (MALWARE) THAT ARE ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES OR CheddarUp.com.
  • 24. Indemnification. You agree to defend, indemnify, and hold harmless Cheddar Up, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) relating to your violation of these Terms of Use or your use of the CheddarUp.com website, including but not limited to, your User Content.
  • 25. Release. YOU HEREBY AGREE TO RELEASE Cheddar Up AND ANY THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, MEMBERS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AND AGENTS FROM ALL CLAIMS, DEMANDS AND DAMAGES (ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR FOR ANY LOST PROFITS OR REVENUES) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANYWAY CONNECTED WITH YOUR USE OF CheddarUp.com. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
  • 26. The Security of CheddarUp.com. We maintain physical, electronic, and procedural safeguards and personnel policies that are designed to guard CheddarUp.com, our systems, and our users' personal information. Such safeguards include, for example, the use of firewall barriers, encryption techniques and/or authentication procedures. Unfortunately, no data that is transmitted over the Internet or stored on servers that can be accessed via the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, Cheddar Up cannot ensure or warrant the security of any User Content you provide to us, and you provide User Content to us at your own risk. In the event of a breach of the confidentiality or security of your personal information, we will notify you as necessary so you can take appropriate protective steps. We may notify you under such circumstances using the email address you provided to us when you registered with Cheddar Up.
  • 27. Electronic Communications. When you visit CheddarUp.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email, text or by posting notices on CheddarUp.com. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  • 28. Monitoring & Enforcement of Terms of Use. Cheddar Up reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website. YOU WAIVE AND AGREE TO HOLD Cheddar Up HARMLESS ALONG WITH ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES AS A RESULT OF ITS INVESTIGATIONS OR AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES. In addition to any other remedies for a violation of these Terms of Use or applicable law, we may:
  • (a) Remove or refuse to post any User Content for any or no reason in our sole discretion.
  • (b) Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, is otherwise Unacceptable Content, infringes any intellectual property right or other right of any person or entity, threatens the personal safety or security of users of the website or the public, or creates any potential liability for the Company.
  • (c) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • (d) Take appropriate legal action, including but not limited to referral to law enforcement, for any illegal or unauthorized use of the website.
  • (e) Terminate or suspend your access to all or part of the website for any or no reason, including without limitation, any violation of these Terms of Use. We do not, however, endeavor to review all User Content that is posted to the website, and cannot necessarily ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
  • 29. Jurisdiction; Governing Law. Cheddar Up.com makes no representation that the Site Content, the Services, or products offered through CheddarUp.com are appropriate, available, or legal in any particular location. Those who choose to access the site, the Site Content, Information, the Services, and products offered through CheddarUp.com do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that these Terms of Use, for all purposes, are governed and construed in accordance with the laws of the State of Delaware without regard to its choice-of-law principles.
  • 30. Arbitration. You and Cheddar Up each agree that any and all disputes or claims that arise between you and Cheddar Up will be resolved exclusively through final and binding arbitration under the rules of the American Arbitration Association, rather than in court. Each party also waives any right to a jury trial and any right to bring claims against the other as a class member in any purported class action or representative proceedings.
  • 31. Cheddar Up is for use in the United States and Canada. CheddarUp.com is hosted in the United States and is intended for users located in the United States and Canada. If you are a non-U.S. or non-Canada user of CheddarUp.com, by visiting our website, using our Services, or providing us with any User Content, you agree to comply with all federal and state U.S. laws governing the site, its Services, online conduct, and acceptable Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
  • 32. Trademark Notice. Cheddar Up and the cheese-block and arrow logo are trademarks of Cheddar Up, Inc. Other featured words or symbols used to identify the source of third-party merchandise or services, may be the trademarks of their respective owners.
  • 33. Acceptance to Stripe Services Agreement. Payment processing services for collectors and payers on Cheddar Up are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this agreement or continuing to operate as a collector or payer on Cheddar Up, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Cheddar Up enabling payment processing services through Stripe, you agree to provide Cheddar Up accurate and complete information about you and your organization, and you authorize Cheddar Up to share it and transaction information related to your use of the payment processing services provided by Stripe.
  • 34. Entire Agreement. These terms of use and the Privacy Policy constitute the entire agreement between you and Cheddar Up regarding your use of and access to CheddarUp.com and the Services and supersede all prior agreements or understandings, whether oral or written, relating to that subject matter. Any purchase of merchandise through a third-party provider will be subject to any agreement or understanding between you and that third-party provider.

  • Updated Date: September 10, 2017